[Federal Register Volume 65, Number 107 (Friday, June 2, 2000)]
[Rules and Regulations]
[Pages 35279-35280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13814]


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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: 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 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: This rule is effective from 8 p.m. until 11 p.m. on June 30, 
2000 until 11 p.m. July 2, 2000.

ADDRESSES: Comments and material received from the public as well as 
documents indicated in this preamble as being available in the docket 
are available for inspection or copying at Coast Guard Marine Safety 
Office Providence, 20 Risho Avenue, Providence, Rhode Island 02914 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: CWO John W. Winter at Marine Safety 
Office Providence, (401) 435-2335.

SUPPLEMENTARY INFORMATION:   

Regulatory Information

    On March 22, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Fireworks Display, Naval Station Newport, Newport, RI 
in the Federal Register (65 FR 15285). We received one comment. No 
public hearing was requested, and none was held.

Background and Purpose

    The safety zone is needed to protect the public from debris and 
other hazards associated with a fireworks display at Naval Station 
Newport, starting at 8 p.m. on June 30, 2000, or in the event of rain, 
on July 2, 2000. The event, which is sponsored by Tall Ships Newport 
Salute 2000, will last approximately 3 hours.

Discussion of Comments and Changes

    One comments was received from the sponsor, Tall Ships Newport 
Salute 2000, requesting that the rule include a rain date of July 2, 
2000. A rain date was incorporated into the final rule.

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 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 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

[[Page 35280]]

this regulation will not be significant due to the small area affected; 
all vessel traffic may safely transit around this safety zone; and the 
extensive marine advisories that will be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule will 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 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 (rain date, July 2, 2000).
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for only three hours, commercial and 
recreational vessel traffic can pass safely around the safety zone, and 
before the effective period, we will issue maritime advisories widely 
available to users of Narragansett Bay.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking. No requests for 
assistance were received. Small businesses may send comments on the 
actions of the 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 will 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 rule under Executive Order 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 rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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 rule and concluded that, under figure 2-1, paragraph 
34(g), of Commandant Instruction M16475.1C, this 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 amends 
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 and Naval Station Newport, Newport, Rhode 
Island, in approximate position 41 deg.31'00" N and 071 deg.20'00" W.
    (b) Effective Period. This section will be enforced from 8 p.m. 
until 11 p.m. on June 30, 2000. If the fireworks display is cancelled 
because of bad weather, this section will be enforced on July 2, 2000, 
at the same times.
    (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: May 22, 2000.
Peter A. Popko,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Office 
Providence.
[FR Doc. 00-13814 Filed 6-1-00; 8:45 am]
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