Safety Zone: Fireworks Display, Naval Station Newport, Newport,
RI
[Federal Register: March 22, 2000 (Volume 65, Number 56)]
[Proposed Rules]
[Page 15285-15286]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr00-30]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-197]
RIN 2115-AA97
Safety Zone: Fireworks Display, Naval Station Newport, Newport,
RI
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone within a
five hundred (500) yard radius of the fireworks launching site at Naval
Station Newport, Newport, RI on June 30, 2000. The safety zone is
needed to safeguard the public from possible hazards associated with a
fireworks display. Entry into this zone will be prohibited unless
authorized by the Captain of the Port, Providence, Rhode Island.
DATES: Comments and related material must reach the Coast Guard on or
before May 8, 2000.
ADDRESSES: You may mail comments and related material to Marine Safety
Office Providence, 20 Risho Avenue, East Providence, Rhode Island
02914. The Prevention Department maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at Marine Safety Office Providence between 8 am and 3 pm,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: CWO John W. Winter at Marine Safety
Office Providence, (401) 435-2335.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01 99-
197), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. The comment period for this proposed rule is 45 days. This
time period is adequate to allow input because the event is highly
publicized, and the shortened comment period will allow the full 30 day
publication requirement prior to the final rule becoming effective. We
will consider all comments and material received during the comment
period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. However, you may
submit a request for a meeting by writing to Marine Safety Office
Providence at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
The safety zone is needed to protect the public from debris and
other hazards associated with fireworks display at Naval station
Newport, starting at 8 p.m. on June 30. The event will last
approximately 3 hours.
Discussion of Proposed Rule
The Coast Guard proposes this rule to protect mariners and
spectator crafts from falling debris and possible fire hazards related
to fireworks displays. The event is scheduled to start at 8 p.m. and
last approximately 3 hours. This proposed rule would give the Coast
Guard the authority to ensure the safety of all spectator vessels
enjoying the event.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040,
February 26, l979).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
This safety zone involves a very small area of Narragansett Bay.
The effect of this regulation will not be significant due to the
lateness of the hour; all vessel traffic may safely transit around this
safety zone; and the extensive maritime advisories that will be made.
[[Page 15286]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in a portion of Narragansett Bay from 8
p.m. to 11 p.m. on June 30, 2000.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule would be in effect for only three hours and vessel traffic could
pass safely around the safety zone. Before the effective period, we
would issue maritime advisories widely available to users of
Narragansett Bay.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact CWO John W. Winter, telephone
(401)435-2335.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed rule under E.O. 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
The Coast Guard has considered the environmental impact of
implementing this proposed rule and concluded that, under figure 2-1,
paragraph 34(g), of Commandant Instruction M16475.lC, this proposed
rule is categorically excluded from further environmental
documentation. A ``Categorical Exclusion Determination'' is available
in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05(g), 6.04-
1, 6.04-6 and 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T01-197 to read as follows:
Sec. 165.T01-197 Safety Zone: Fireworks Display, Naval Station
Newport, Newport, Rhode Island.
(a) Location. All waters within a five hundred (500) yard radius of
the fireworks launching platform located approximately 300 yards off
shore from Coasters Island, Naval Station Newport, Newport, Rhode
Island.
(b) Effective Period. This section is effective from 8 p.m. until
11 p.m. on June 30, 2000, unless extended or terminated sooner by the
Captain of the Port Providence.
(c) Regulations. (1) The general regulations governing safety zones
contained in 33 CFR 165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
Dated: March 6, 2000.
Peter A. Popko,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Office
Providence.
[FR Doc. 00-7060 Filed 3-22-00; 8:45 am]
BILLING CODE 4910-15-U
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