[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]


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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.

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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