[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Rules and Regulations]
[Pages 35680-35681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17389]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-97-047]
RIN 2115-AA97
Safety Zone: New Haven Harborfest Fireworks Display, New Haven,
CT
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on July 4, 1997,
for the New Haven Harborfest Fireworks Display to be held in New Haven
Harbor, New Haven, CT. This safety zone 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.
DATES: This regulation is effective on July 4, 1997, from 9 p.m. until
10 p.m.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander J.A. McCarthy, 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 publish an 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
The sponsor, City of New Haven, CT, of New Haven, CT, requested
that a fireworks display, be permitted in New Haven Harbor, located
approximately 1000 feet east of Long Wharf, New Haven, CT. This
regulation establishes a temporary safety zone in all waters of New
Haven, CT within a 1200 foot radius of the fireworks launching barges.
The safety zone is in effect on July 4, 1997, from 9:00 p.m. until
10:00 p.m. and is necessary to protect the maritime community from the
safety hazards 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)(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 rule to be so minimal that a full Regulatory Evaluation
under paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. Entry into this zone will be restricted for a brief period
of time on July 4, 1997. Although this regulation prevents traffic from
transiting a portion of the Atlantic Ocean, off New Haven, CT, the
effect of this regulation will not be significant for several reasons:
the duration of the event is limited; the event is at a late hour; all
vessel traffic may pass to the western side of 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 must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For reasons addressed under the Regulatory Evaluation above, the
Coast Guard finds that this rule will not have a significant impact on
a substantial number of small entities. If however, you think that your
business or organization qualifies as a small entity and that this rule
will have a significant impact upon your business or organization,
please submit a comment (see ADDRESSES) explaining why you think it
qualifies and in what way and to what degree this rule will
economically affect it.
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 under the principles and
criteria contained in Executive Order 12612, and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
rule and concluded that under section 2.B.2.e. of Commandant
Instruction M16475.1b, as revised by 59 FR 38654, July 29, 1994, this
rule is categorically excluded from further environmental
documentation.
A Categorical Exclusion Determination and an Environmental Analysis
Checklist are included in the docket and are available for inspection
or copying at the location indicated under ADDRESSES. An appropriate
environmental analysis of the fireworks program will be conducted in
conjunction with the marine event permitting process.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping
[[Page 35681]]
requirements, Security measures, Waterways.
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),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. A temporary section, 165.T01-047, is added to read as follows:
Sec. 165.T01-CGD1-047; New Haven Harborfest Fireworks Display, New
Haven, CT.
(a) Location. The safety zone includes all waters of New Haven
Harbor within a 1200 foot radius of the fireworks barge, located
approximately 1000 feet east of Long Wharf in New Haven Harbor, in New
Haven, CT., in approximate position 40 deg.17'31'' N, 072 deg.54'49''
W. (NAD 1983)
(b) Effective date. This section is effective on July 4, 1997, from
9 p.m. until 10 p.m., unless terminated sooner by the Captain of the
Port, Long Island Sound. In case of inclement weather, this regulation
will be effective on July 5, 1997, at the same times.
(c) Regulations. The general regulations contained in section
165.23 apply.
Dated: June 16, 1997.
P.K. Mitchell,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 97-17389 Filed 7-1-97; 8:45 am]
BILLING CODE 4910-14-M
