[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Rules and Regulations]
[Pages 34287-34288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16782]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-98-058]
RIN 2115-AA97
Safety Zone: Burlington Independence Day Fireworks, Burlington
Bay, VT
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Burlington Independence Day fireworks program located on Burlington
Bay, Lake Champlain, Vermont. The safety zone is in effect from 9 p.m.
until 10:30 p.m. on Friday, July 3, 1998, with a rain date of Saturday,
July 11, 1998, at the same time and place. This action is necessary to
provide for the safety of life on navigable waters during the event.
This action is intended to restrict vessel traffic in a portion of
Burlington Bay on Lake Champlain, Vermont.
DATES: This rule is effective from 9 p.m. until 10:30 p.m. on Friday,
July 3, 1998, with a rain date of Saturday, July 11, 1998, at the same
time and place.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Coast Guard Activities New York, 212 Coast
Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m.
and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) A.
Kenneally, Waterways Oversight Branch, Coast Guard Activities New York,
at (718) 354-4195.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Good cause exists for not
publishing an NPRM and for making this regulation effective less than
30 days after Federal Register publication. Due to the date this
updated application 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 and protect the
maritime public from the hazards associated with this fireworks
display.
Background and Purpose
On May 18, 1998, the City of Burlington, VT submitted an
Application for Approval of Marine Event to hold a fireworks program on
the waters of Burlington Bay on Lake Champlain, Vermont. The sponsor
notified the Coast Guard they are using larger fireworks shells than
the annual regulation in 33 CFR 165.166 was written for. This
regulation increases the radius of the safety zone from 250 yards to
360 yards. This regulation establishes a safety zone in all waters of
Burlington Bay within a 360 yard radius of the fireworks barge located
in approximate position 44 deg.28'30.5'' N 073 deg.13'32'' W (NAD
1983), beside the Burlington Bay breakwater. The safety zone is in
effect from 9 p.m until 10:30 p.m. Friday, July 3, 1998, with a rain
date of Saturday, July 11, 1998, at the same time and place. The safety
zone prevents vessels from transitting this portion of Burlington Bay,
Lake Champlain, Vermont and is needed to protect boaters from the
hazards associated with fireworks launched from a barge in the area.
Public notification will be made prior to the event via the Local
Notice to Mariners.
Regulations for a permanent Regulated Navigation Area have been
published for this event in 33 CFR 165.166. If the annual regulation is
enforced for this event the safety zone area will not be large enough
to provide for the safety of life on navigable waters due to the larger
fireworks shells being used. This final rule will close a portion of
Burlington Bay for one hour less than the current regulations in 33 CFR
165.166.
Regulatory Evaluation
This 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. It has not been reviewed 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 final rule to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary. This finding is based on the
following: this is an annual marine event currently published in 33 CFR
165.166, the event's date is the same, and the location is only 75
yards from the location in 33 CFR 165.166, this final rule will close a
portion of Burlington Bay for less time than the current regulation
will, the limited marine traffic in the area, the minimal time that
vessels will be restricted from the zone, and advance notification
which will be made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include small businesses, not-for-profit organizations that
are independently owned and operate and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
For reasons discussed in the Regulatory Evaluation above, the Coast
Guard certifies under section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) that this final rule will not have a significant
economic impact on a substantial number of small entities.
[[Page 34288]]
Collection of Information
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612 and has determined that
this final rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
final rule and concluded that under Figure 2-1, paragraph 34(g), of
Commandant Instruction M16475.1C, this final rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
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 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T01-058 to read as follows:
Sec. 165.T01-058 Safety Zone: Burlington Independence Day Fireworks,
Burlington Bay, Vermont.
(a) Location. The following area is a safety zone: all waters of
Burlington Bay, Lake Champlain, Vermont, within a 360 yard radius of
the fireworks barge in approximate position 44 deg.28'30.5'' N
073 deg.13'32'' W (NAD 1983), beside the Burlington Bay breakwater.
(b) Effective period. This section is effective from 9 p.m. until
10:30 p.m. on Friday, July 3, 1998, with a rain date of Saturday, July
11, 1998, at the same time and place.
(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 5, 1998.
L.M. Brooks,
Captain, U.S. Coast Guard, Acting Captain of the Port, New York.
[FR Doc. 98-16782 Filed 6-23-98; 8:45 am]
BILLING CODE 4910-15-M
