[Federal Register Volume 59, Number 75 (Tuesday, April 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9411]
[[Page Unknown]]
[Federal Register: April 19, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-94-025]
RIN 2115-AA97
Safety Zone; New England Training Institute Conference Fireworks,
Burlington Harbor, VT
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the New England Training Institute Conference Fireworks in Burlington
Harbor. This event is sponsored by the Burlington Department of Parks
and Recreation and will take place from 9 p.m. until 9:30 p.m. on April
24, 1994. This safety zone is needed to protect the boating public from
the hazards associated with fireworks exploding in the area.
EFFECTIVE DATE: This rule is effective from 9 p.m. until 9:30 p.m. on
April 24, 1994.
FOR FURTHER INFORMATION CONTACT:
LT R. Trabocchi, Project Manager, Captain of the Port, New York, (212)
668-7933.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this notice are LT R. Trabocchi, Project Manager,
Captain of the Port, New York and CDR J. Astley, Project Attorney,
First Coast Guard District, Legal Office.
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking was not
published for this regulation and good cause exists for making it
effective less than 30 days after Federal Register publication. Due to
the date this application was received, there was not sufficient time
to publish a proposed rule in advance of the event. Publishing a NPRM
and delaying the event would be contrary to public interest since the
fireworks display is for public viewing.
Background and Purpose
On March 4, 1994, the Burlington Department of Parks and Recreation
submitted an application to hold a fireworks program at Burlington
Waterfront Park, Burlington, Vermont. This regulation establishes a
temporary safety zone in all waters of Burlington Harbor within 250
feet of a point located on the southern corner of Burlington Waterfront
Park at or near 44 deg.28'45'' N latitude 73 deg.13'20'' W longitude.
This safety zone is needed to protect boaters from the hazards
associated with fireworks exploding in the area. No vessel will be
permitted to enter or move within this safety zone unless authorized to
do so by the Coast Guard Captain of the Port, New York.
Regulatory Evaluation
This regulation is not major under Executive Order 12291 and not
significant under Department of Transportation Regulatory Policies and
Procedures (44 FR 11040; February 26, 1979). No vessel traffic is
permitted to transit within 250 feet of a point located on the southern
corner of Burlington Waterfront Park in Burlington Harbor. Due to the
limited duration of the event, the extensive advisories that will be
made, and the limited traffic in the area at this time, and the fact
that vessel traffic can safely transit around this zone, the Coast
Guard expects the economic impact of this regulation to be so minimal
that a Regulatory Evaluation is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under Section 3 of the Small
Business Act (15 U.S.C. 632).
For the reasons given in the Regulatory Evaluation, the Coast Guard
expects the impact of this regulation to be minimal. The Coast Guard
certifies under 5 U.S.C. 605(b) that this regulation will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this regulation does not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of these
regulations and concluded that under section 2.B.2.c. of Commandant
Instruction M16475.1B, it is an action under the Coast Guard's
statutory authority to promote maritime safety and protect the
environment, and thus is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination is
included in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulations
For reasons set out 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 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A temporary Sec. 165.T01-025 is added to read as follows:
Sec. 165.T01-025 New England Training Institute Conference Fireworks,
Burlington Harbor, Vermont
(a) Location. This temporary safety zone includes all waters of
Burlington Harbor within 250 feet of a point located on the southern
corner of Burlington Waterfront Park at or near 44 deg.28'45'' N
latitude 73 deg.13'20'' W longitude.
(b) Effective period. This section is effective from 9 p.m. until
9:30 p.m. on April 24, 1994.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply to this safety zone.
(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. U.S. Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the Coast Guard. Upon being hailed by a
U.S. Coast Guard vessel via siren, radio, flashing light, or other
means, the operator of a vessel shall proceed as directed.
Dated: April 6, 1994.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-9411 Filed 4-18-94; 8:45 am]
BILLING CODE 4910-14-M
