[Federal Register Volume 60, Number 115 (Thursday, June 15, 1995)]
[Rules and Regulations]
[Pages 31407-31408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14557]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-95-012]
RIN 2115-AA97
Safety Zone: Annual Burlington Independence Day Celebration
Fireworks Display, Burlington Bay, Vermont
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent safety zone for
the annual Burlington Independence Day Celebration fireworks display
located in Burlington Bay, Burlington, Vermont. The safety zone is in
effect annually on the third of July from 7:45 p.m. until 10:15 p.m.
The safety zone temporarily closes all waters of Burlington Bay within
a 250 yard radius of the fireworks platform anchored approximately 250
yards west of Burlington, Vermont, at or near 44 deg.28'33''N latitude
and 073 deg.13'33''W longitude (NAD 1983).
EFFECTIVE DATE: This rule is effective on July 3, 1995.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief,
Coast Guard Group New York (212) 668-7934.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this notice are LTJG K. Messenger, Project Manager
Coast Guard Group New York and LCDR J. Stieb, Project Attorney, First
Coast Guard District, Legal Office.
Regulatory History
On March 22, 1995, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register (60 FR 15102). Interested
persons were requested to submit comments on or before May 22, 1995. No
comments were received. A public hearing was not requested and one was
not held. The Coast Guard is promulgating this final rule as proposed
with a minor correction. The NPRM contained incorrect coordinates due
to a publishing error. The coordinates were published as
44 deg.29'33''N latitude, 073 deg.13'33''W longitude. The coordinates
should have been published as 44 deg.28'33''N, 073 deg.13'33''W
longitude. This final rule states the coordinates correctly.
Due to the NPRM comment period deemed necessary to give adequate
public notice, there was insufficient time to publish this final rule
30 days prior to the event. Good cause exists for making this rule
effective less than 30 days after publication. Adequate measures are
being taken to ensure mariners are made aware of this regulation. This
rule will be locally published in the First Coast Guard District's
Local Notice to Mariners, and announced via Safety Marine Information
Broadcasts.
Background and Purpose
For the last several years, the Burlington Department of Parks and
Recreation has submitted an application to hold a fireworks program on
Burlington Bay. This regulation establishes a permanent safety zone on
all waters of Burlington Bay within a 250 yard radius of the fireworks
platform anchored approximately 250 yards west of Burlington, Vermont,
at or near 44 deg.28'33''N latitude and 073 deg.13'33''W longitude (NAD
1983). The safety zone is in effect annually on the third of July from
7:45 p.m. until 10:15 p.m., unless extended or terminated sooner by the
Captain of the Port New York. The safety zone precludes all vessels
from transiting this portion of Burlington Bay and is needed to protect
mariners from the hazards associated with fireworks exploding in the
area. The effective period of the safety zone will be announced
annually via Safety Marine Information Broadcasts and by locally issued
notices.
Regulatory Evaluation
This regulation 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. It has been exempted from review by the Office of
Management and Budget 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). The Coast Guard expects the
economic impact of this regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary. The safety zone closes a portion
of Burlington Bay to all vessel traffic annually on the third of July
from 7:45 p.m. until 10:15 p.m., unless extended or terminated sooner
by the Captain of the Port New York. Although this regulation prevents
traffic from transiting this area, the effect of this regulation is not
significant for several reasons: the limited duration of the event; the
late hour of the event; that traffic can safely transit to the west of
the safety zone; the event has been held annually for the past several
years without incident or complaint; and the extensive, advance
advisories that will be made. Accordingly, 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 reasons set forth 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 this
regulation and concluded that under section 2.B.2.e. of Commandant
Instruction M16475.1B, revised 59 FR 38654, it is categorically
excluded from further environmental documentation. A Categorical
Exclusion Determination and Environmental Analysis Checklist are
included in the docket. An appropriate environmental analysis of the
fireworks program under the [[Page 31408]] National Environmental
Policy Act will be conducted in conjunction with the marine event
permitting process each year.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulation
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. Section 165.166, is added to read as follows:
Sec. 165.166 Safety Zone; Annual Burlington Independence Day
Celebration Fireworks Display, Burlington Bay, Vermont.
(a) Location. All waters of Burlington Bay within a 250 yard radius
of a fireworks platform anchored approximately 250 yards west of
Burlington, Vermont, at or near 44 deg.28'33''N latitude and
073 deg.13'33''W longitude (NAD 1983).
(b) Effective period. The safety zone is in effect annually on the
third of July from 7:45 p.m. until 10:15 p.m., unless extended or
terminated sooner by the Captain of the Port New York. The effective
period will be announced annually via Safety Marine Information
Broadcasts and locally issued notices.
(c) Regulations. (1) The general regulations 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. 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: June 2, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-14557 Filed 6-14-95; 8:45 am]
BILLING CODE 4910-14-M
