[Federal Register Volume 59, Number 145 (Friday, July 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18551]


[[Page Unknown]]

[Federal Register: July 29, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-94-107]
RIN 2115-AA97

 

Safety Zone; Summer Music Fireworks, Waterford, CT

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 at Harkness Memorial State Park, Waterford, CT on July 16, 28, 
and August 20, 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 9:30 p.m. through 
10:15 p.m. on July 16, and August 20, 1994, and from 8:30 p.m. through 
9:15 p.m. on July 28, 1994, unless extended or terminated sooner by the 
Captain of the Port.

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 and good cause exists for making it 
effective in less than 30 days after Federal Register publication. 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 or to publish a final rule 30 days in advance. Publishing a NPRM 
and delaying the event would be contrary to the public interest since 
the fireworks display is in celebration of the Harkness Memorial State 
Park Summer Music series and is for the benefit of the public.

Background and Purpose

    The sponsor, Summer Music, Inc., New London, CT has requested that 
a 45 minute fireworks display, launched from shore, be permitted in the 
port of Waterford in the vicinity of Harkness Memorial State Park, 
Waterford, CT. The displays will be held on July 16, and August 20, 
1994 from 9:30 p.m. through 10:15 p.m. and July 28, 1994 from 8:30 p.m. 
through 9:15 p.m. This zone is required to protect the maritime 
community from the dangers associated with this fireworks display. The 
safety zone covers all waters of Long Island Sound within 600 feet of 
the fireworks launching site, located on Goshen Point, Harkness 
Memorial State Park.

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 safety zone will last approximately 45 minutes on three 
separate dates. 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:
    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.T01-107 is added to read as follows:


Sec. 165.T01-107  Safety Zone; Summer Music Fireworks, Waterford, CT.

    (a) Location. The safety zone includes all waters of Long Island 
Sound within 600 feet of the fireworks launching site, located on 
Goshen Point, Harkness Memorial State Park, Waterford, CT in 
approximate position 41 deg.18' N, 072 deg.06'40'' W.
    (b) Effective date. This section is effective from 9:30 p.m. 
through 10:15 p.m. on July 16, and August 20, 1994, and from 8:30 p.m. 
through 9:15 p.m. on July 28, 1994, unless extended or terminated 
sooner by the Captain of the Port.
    (c) Regulations. The general regulations covering safety zones 
contained in section 165.23 of this part apply.

    Dated: July 15, 1994.
P.J. Heyl,
Commander, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 94-18551 Filed 7-28-94; 8:45 am]
BILLING CODE 4910-14-M