[Federal Register Volume 59, Number 106 (Friday, June 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13542]
[[Page Unknown]]
[Federal Register: June 3, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-94-039]
RIN 2115-AA97
Safety Zone; Town of Old Lyme, CT Fireworks Display
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone in Long Island
Sound, around the fireworks barge Walrus located approximately 1500
feet south of Sound View Beach, Old Lyme, CT on July 2, 1994. This
safety zone is needed to protect the maritime community from possible
navigation hazards associated with a fireworks display. Entry into this
zone is prohibited unless authorized by the Captain of the Port, Long
Island Sound.
EFFECTIVE DATES: This regulation is effective from 9 p.m. through 9:45
p.m. on July 2, 1994, unless extended or terminated sooner by the
Captain of the Port. In case of inclement weather, this regulation will
be effective on the rain date of July 3, 1994, at the same times.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander T.V. Skuby, Chief of Port Operations, Captain of
the Port, Long Island Sound at (203) 468-4464.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this notice are LCDR T.V. Skuby, project officer
for Captain of the Port, Long Island Sound, and LCDR J. Stieb, project
attorney, First Coast Guard District Legal Office.
Regulatory History
As authorized by 5 U.S.C. 553, a notice of proposed rulemaking was
not published for this regulation. The Coast Guard did not receive from
the sponsor the final details concerning the event's times, which is
essential information for the purposes of establishing a safety zone in
sufficient time to publish a NPRM. If the event, which is centered
around a national holiday, were required to be postponed by publishing
a NPRM, the event would be cancelled. Publishing a NPRM and delaying
the event would be contrary to the public interest since the fireworks
display is for the benefit of the public.
Background and Purpose
The sponsor, the Town of Old Lyme, CT has requested that a 45
minute fireworks display, launched from a floating platform, be
permitted in the port of Old Lyme in the vicinity of Sound View Beach,
Old Lyme, CT. This zone is required to protect the maritime community
from the dangers associated with this fireworks display which is
occurring over Long Island Sound. The safety zone covers all waters of
Long Island Sound within a 800 foot radius of the fireworks barge
Walrus.
Regulatory Evaluation
This proposal 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
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
The event will last approximately 45 minutes. The area affected by
this event receives infrequent commercial traffic. Because of the short
duration of the event and the extensive advisories which will be made,
commercial entities will be able to adjust to any disruptions.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal 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 addressed under the Regulatory Evaluation above,
the Coast Guard expects the impact of this regulation to be minimal and
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.
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
determined that these regulations do 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 protect public safety, and thus is categorically
excluded from further environmental documentation. A Categorical
Exclusion Determination will be made available in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting 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),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. A temporary Sec. 165.T01-039 is added to read as follows:
Sec. 165.T01-039 Safety Zone; Town of Old Lyme, CT Fireworks Display.
(a) Location. The safety zone includes all waters of Long Island
Sound within a 800 foot radius of the barge Walrus, the fireworks
launching platform, which will be located approximately 1500 feet south
of Sound View Beach, Old Lyme, CT in approximate position
41 deg.16'46''N, 072 deg.16'25''W.
(b) Effective date. This section is effective from 9 p.m. through
9:45 p.m. on July 2, 1994, unless extended or terminated sooner by the
Captain of the Port. In case of inclement weather, this section will be
effective on the rain date of July 3, 1994, at the same times.
(c) Regulations. The general regulations covering safety zones
contained in Sec. 165.23 of this part apply.
Dated: May 23, 1994.
T.W. Allen,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 94-13542 Filed 6-2-94; 8:45 am]
BILLING CODE 4910-14-M