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Safety Zone: Fireworks Display, Lewis Bay, Hyannis, MA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 2, 2001 (Volume 66, Number 127)]
[Rules and Regulations]
[Page 34839-34841]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy01-25]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-01-090]
RIN 2115-AA97
Safety Zone: Fireworks Display, Lewis Bay, Hyannis, MA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone within a five
hundred (500) yard radius of the fireworks barge located in Lewis Bay,
Hyannis, Massachusetts, on July 2, 2001. 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.
EFFECTIVE DATE: This rule is effective from 8 p.m. on July 2 until 10
p.m. on July 3, 2001.
ADDRESSES: Documents relating to this temporary final rule are
available for inspection and copying at U.S. Coast Guard Marine Safety
Office Providence, 20 Risho Avenue, E. Providence, RI. Normal office
hours are between 8 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Casey L. Chmielewski at Marine
Safety Office Providence, (401) 435-2335.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds good cause
exists for not publishing a NPRM. The sponsor of the event did not
provide the Coast Guard with the final details for the event in
sufficient time to publish a NPRM. The delay encountered if normal
rulemaking procedures were followed would effectively cancel the event.
Cancellation of this event is contrary to the public interest since the
fireworks display is for the benefit of the public.
Background and Purpose
The Town of Barnstable is hosting a fireworks display in
celebration of the 4th of July. This regulation establishes a safety
zone in all waters within a five hundred (500) yard radius of the
fireworks barge located approximately 1000 yards to the northeast of
Dunbar Point, Hyannis, Massachusetts, approximate position 41 deg.38.2'
N, 070 deg.15.8' W, on July 2, 2001 from 8 p.m. until 10 p.m., with an
inclement weather date of July 3, 2001 from 8 p.m. until 10 p.m.. This
safety zone is needed to protect the maritime community from possible
hazards associated with a fireworks display. No vessel may enter the
safety zone without permission of the Captain of the Port (COTP),
Providence, Rhode Island.
Regulatory Evaluation
This 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
[[Page 34840]]
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040, February 26, 1979). We expect the economic impact
of this rule to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory policies and procedures of DOT is
unnecessary. The effect of this regulation will not be significant due
to the late hour it is effective, the safety zone involves a very small
area of Lewis Bay, Hyannis Massachusetts, allowing vessel traffic to
safely transit around this safety zone, and extensive maritime
advisories will be made in advance of the event.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners and operators of vessels intending to
transit Lewis Bay in the fireworks area. The safety zone will not have
a significant impact on a substantial number of small entities due to
the late hour it is effective, the safety zone involves a very small
area of Lewis Bay, Hyannis Massachusetts, allowing vessel traffic to
safely transit around this safety zone, and extensive maritime
advisories will be made in advance of the event.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. If your
small business or organization would be affected by this rule and you
have any questions concerning its provisions or options for compliance,
please call LT Casey Chmielewski at (401) 435-2335. Small businesses
may send comments on the actions of Federal employees who enforce, or
otherwise determine compliance with Federal regulations to the Small
Business and Agriculture Regulatory Enforcement Ombudsman and the
Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule calls for no collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
We have analyzed this action 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 having first provided the funds to pay
those costs. This rule will not impose an unfunded mandate.
Taking of Private Property
This temporary rule will 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 temporary 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 temporary 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.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments. A
rule with tribal implications has a substantial direct effect on one or
more Indian tribe, on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Environment
The Coast Guard has considered the environmental impact of
implementing this temporary rule and concluded that, under figure 2-1,
paragraph 34(g), of Commandant Instruction M16475.lC, this rule is
categorically excluded from further environmental documentation. A
``Categorical Exclusion Determination'' is available in the docket.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reports and Record
Keeping Requirements, Security Measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--[AMENDED]
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.T01-090 to read as follows:
Sec. 165.T01-090 Safety zone: fireworks display, Hyannis, MA.
(a) Location. The safety zone includes all waters within a five
hundred (500) yard radius of the fireworks barge area located
approximately 1000 yards to the northeast of Dunbar Point, Hyannis,
Massachusetts, approximate position 41 deg.38.2' N, 070 deg.15.8' W.
(b) Effective date. This section is effective from 8 p.m. until 10
p.m. on July 2, 2001. If the evolution is cancelled due to inclement
weather, than this section is effective from 8 p.m. until 10 p.m. on
July 3, 2001.
[[Page 34841]]
(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: June 18, 2001.
Mark G. VanHaverbeke,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Office
Providence.
[FR Doc.01-16587 Filed 6-29-01; 8:45 am]
BILLING CODE 4910-15-P