[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Rules and Regulations]
[Pages 34995-34997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16665]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-095]
RIN 2115-AA97
Safety Zone: Fenwick Fireworks Display, Long Island Sound
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the Fenwick
Fireworks Display to be held off Fenwick Pier, Old Saybrook, CT., on
July 3, 1999. This action is needed to protect persons, facilities,
vessels and others in the maritime community from the safety hazards
associated with this fireworks display. Entry into this safety zone is
prohibited unless authorized by the Captain of the Port.
EFFECTIVE DATE: This regulation is effective on July 3, 1999, from 8:45
p.m. until July 4, 1999 at 10:00 p.m.
ADDRESSES: Documents relating to this temporary final rule are
available for inspection and copying at U.S. Coast Guard Group Long
Island Sound, 120 Woodward Avenue, New Haven, CT 06512. Normal office
hours are between 8:00 a.m. and 4:00 p.m., Monday through Friday,
except holidays. Comments may also be faxed to this address. The fax
number is (203) 468-4445.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander T.J. Walker,
Chief of Port Operations, Captain of the Port, Long Island Sound at
(203) 468-4444.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, good cause exists for not publishing a
notice of proposed rulemaking (NPRM) and for making this rule effective
in less than 30 days after Federal Register publication. The sponsor of
the event did not provide the Coast Guard with the final details for
the event in sufficient time to
[[Page 34996]]
publish a NPRM or a final rule 30 days in advance. The delay
encountered if normal rulemaking procedures were followed would
effectively cancel the event. Cancellation of this event is contrary to
the public interest since the fireworks display is for the benefit of
the public.
Background and Purpose
Mr. Arnold L. Chase of West Hartford, CT. is sponsoring a fireworks
display off of Fenwick Pier on Long Island Sound, Old Saybrook, CT. The
fireworks display will occur on July 3, 1999, from 8:45 pm until 10:00
pm. In case of inclement weather, the rain date will be July 4, 1999 at
the same time and place. The safety zone covers all waters of Long
Island Sound within a 600 foot radius of the fireworks launching barge
which will be located off of Fenwick Pier, Old Saybrook, CT, in
approximate position: 41 deg.16' N, 072 deg.23' W, (NAD 1983). This
zone is required to protect the maritime community from the safety
dangers associated with this fireworks display. Entry into or movement
within this zone will be prohibited unless authorized by the Captain of
the Port or his on-scene representative.
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)(30 of
that order. It has been exempted form 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 proposal 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 only a
portion of Lond Island Sound and entry into this zone will be
restricted for only 1 hour and 15 minutes on July 3 or 4 1999. Although
this regulation prevents traffic from transiting this section of Long
Island Sound, the effect of this regulation will not be significant for
several reasons: the duration of the event is limited; the event is a
later hour; all vessel traffic may safely pass around this safety zone;
and extensive, advance maritime advisories will be made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this proposal would have a significant
economic impact on a substantial number or small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and (2) governmental jurisdictions
with populations of less than 50,000.
For the reasons discussed under 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 rule will not have a
significant impact on a substantial number of small entities.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard
wants to assist small entities in understanding this final rule so that
they can better evaluate its effects on them and participate in the
rulemaking. If your small business or organization would be affected by
this final rule and you have questions concerning its provisions or
options for compliance please call LCDR T.J. Walker, telephone (202)
468-4444.
The Ombudsman of Regulatory Enforcement for Small Business and
Agriculture, and 10 Regional Fairness Boards, were established to
receive comments from small businesses about enforcement by Federal
agencies. The Ombudsman will annually evaluate such enforcement and
rate each agency's responsiveness to small business. If you wish to
comment on enforcement by 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 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive order 12612, and has
determine that these regulations do no raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this rule will result in an annual
expenditure by state, local, and tribal governments, in aggregate of
$100 million (adjusted annually for inflation). If so, the Act requires
that a reasonable number of regulatory alternatives be considered, and
that from those alternatives, the least costly, most cost-effective, or
least burdensome alternative that achieves the objective of the rule be
selected. No state, local, or tribal government entities will be
effected by this rule, so this rule will not result in annual or
aggregate costs of $100 million or more. Therefore, the Coast Guard is
exempt from any further regulatory requirements under the Unfunded
Mandates Act.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that under Figure 2-1, paragraph 34(g), of
Commandant Instruction, M 16475.C, this rule is categorically excluded
from further environmental documentation. A written Categorical
Exclusion Determination is available in the docket for inspection or
copying where indicated under Addresses.
Other Executive Orders on the Regulatory Process
In addition to the statutes and Executive Orders already addressed
in this preamble, the Coast Guard considered the following executive
orders in developing this final rule and reached the following
conclusions:
E.O. 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights. This final rule will not
effect a taking of private property or otherwise have taking of private
property or otherwise have taking implications under this Order.
E.O. 12875, Enhancing the Intergovernmental Partnership. This final
rule meets applicable standards in sections 3(a) and 3(b)(2) of this
Order to minimize litigation, eliminate ambiguity, and reduce burden.
E.O. 13405, Protection of Children from Environmental Health Risks
and Safety Risks. This final rule is not an economically significant
rule and does not concern an environmental risk to safety
disproportionately affecting children.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
Regulation
For the 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),
6.04-6 and 160.5; 49 CFR
[[Page 34997]]
1.46. Section 165.100 is also issued under authority of Sec. 311,
Pub.L. 105-383.
2. Add temporary Sec. 165.T01-CGD1-095 to read as follows:
Sec. 165.T01-CGD1-095 Fenwick Fireworks Display, Old Saybrook, Long
Island Sound.
(a) Location. The safety zone includes all waters of Long Island
Sound within a 600 foot radius of the launch barge located off of
Fenwick Pier, Old Saybrook, CT. in approximate position 41 deg.16' N,
072 deg.23' W (NAD 1983).
(b) Effective date. This section is effective on July 3, 1999, from
8:45 p.m. until 10:00 p.m. In case of inclement weather, the rain date
will be July 4, 1999, at the same time and place.
(c)(1) Regulations. The general regulations covering safety zones
contained in Sec. 165.23 of this part 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 21, 1999.
P.K. Mitchell,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 99-16665 Filed 6-29-99; 8:45 am]
BILLING CODE 4910-15-M
