[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Rules and Regulations]
[Pages 41005-41007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16880]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-122]
RIN 2115-AA97


Safety Zone: Fireworks Display, Provincetown Harbor, 
Provincetown, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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[[Page 41006]]

SUMMARY: The Coast Guard is establishing a safety zone within a five 
hundred (500) yard radius of the fireworks barge in Provincetown 
Harbor, Provincetown, MA on July 4, 2000, with a rain date of July 5, 
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.

EFFECTIVE DATE: This rule is effective from 8 p.m. until 10 p.m. July 
4, 2000 and 8 p.m. until 10 p.m. July 5, 2000, in case of event 
postponement due to the onset of inclement weather.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation and good cause exists for making 
it effective less then 30 days after Federal Register publication. Due 
to the date that conclusive information for this event was received, 
there was insufficient time to draft and publish an NPRM. Any delay 
encountered in this regulation's effective date would be contrary to 
public interest since immediate action is needed to close a portion of 
the waterway to protect the maritime public from the hazards associated 
with this fireworks display, which is intended for public 
entertainment.

Background and Purpose

    This regulation establishes a safety zone in all waters within a 
five hundred (500) yard radius of the fireworks launching barge in 
Provincetown Harbor, Provincetown, MA on July 4, 2000, with a rain date 
of July 5, 2000. 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 RI.

Regulatory Evaluation

    This temporary final 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 10(e) of the regulatory policies and 
procedures of DOT is unnecessary. This safety zone involves a very 
small area of Provincetown Harbor. 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.

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.

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. 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 contains no collection of information requirements 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's having first provided the funds to pay 
those costs. This temporary rule would not impose an unfunded mandate.

Taking of Private Property

    This temporary 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 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.

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 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 record 
keeping 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.


[[Page 41007]]



    2. Add temporary Sec. 165.T01-122 to read as follows:


Sec. 165.T01-122  Safety Zone: Fireworks Display, Provincetown Harbor, 
Provincetown, MA.

    (a) Location. All waters within a five hundred (500) yard radius of 
the fireworks launching barge located in Provincetown harbor, 
Provincetown, MA.
    (b) Effective Period. This section is effective from 8 p.m. until 
10 p.m. on July 4, 2000, rain date 8 p.m. until 10 p.m. on July 5, 
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: June 20, 2000.
J.D. Stieb,
Commander, U.S. Coast Guard, Acting Captain of the Port, Marine Safety 
Office Providence.
[FR Doc. 00-16880 Filed 6-29-00; 1:19 pm]
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