[Federal Register Volume 60, Number 115 (Thursday, June 15, 1995)]
[Rules and Regulations]
[Pages 31407-31408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14557]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-95-012]
RIN 2115-AA97


Safety Zone: Annual Burlington Independence Day Celebration 
Fireworks Display, Burlington Bay, Vermont

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent safety zone for 
the annual Burlington Independence Day Celebration fireworks display 
located in Burlington Bay, Burlington, Vermont. The safety zone is in 
effect annually on the third of July from 7:45 p.m. until 10:15 p.m. 
The safety zone temporarily closes all waters of Burlington Bay within 
a 250 yard radius of the fireworks platform anchored approximately 250 
yards west of Burlington, Vermont, at or near 44 deg.28'33''N latitude 
and 073 deg.13'33''W longitude (NAD 1983).

EFFECTIVE DATE: This rule is effective on July 3, 1995.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief, 
Coast Guard Group New York (212) 668-7934.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this notice are LTJG K. Messenger, Project Manager 
Coast Guard Group New York and LCDR J. Stieb, Project Attorney, First 
Coast Guard District, Legal Office.

Regulatory History

    On March 22, 1995, the Coast Guard published a notice of proposed 
rulemaking (NPRM) in the Federal Register (60 FR 15102). Interested 
persons were requested to submit comments on or before May 22, 1995. No 
comments were received. A public hearing was not requested and one was 
not held. The Coast Guard is promulgating this final rule as proposed 
with a minor correction. The NPRM contained incorrect coordinates due 
to a publishing error. The coordinates were published as 
44 deg.29'33''N latitude, 073 deg.13'33''W longitude. The coordinates 
should have been published as 44 deg.28'33''N, 073 deg.13'33''W 
longitude. This final rule states the coordinates correctly.
    Due to the NPRM comment period deemed necessary to give adequate 
public notice, there was insufficient time to publish this final rule 
30 days prior to the event. Good cause exists for making this rule 
effective less than 30 days after publication. Adequate measures are 
being taken to ensure mariners are made aware of this regulation. This 
rule will be locally published in the First Coast Guard District's 
Local Notice to Mariners, and announced via Safety Marine Information 
Broadcasts.
Background and Purpose

    For the last several years, the Burlington Department of Parks and 
Recreation has submitted an application to hold a fireworks program on 
Burlington Bay. This regulation establishes a permanent safety zone on 
all waters of Burlington Bay within a 250 yard radius of the fireworks 
platform anchored approximately 250 yards west of Burlington, Vermont, 
at or near 44 deg.28'33''N latitude and 073 deg.13'33''W longitude (NAD 
1983). The safety zone is in effect annually on the third of July from 
7:45 p.m. until 10:15 p.m., unless extended or terminated sooner by the 
Captain of the Port New York. The safety zone precludes all vessels 
from transiting this portion of Burlington Bay and is needed to protect 
mariners from the hazards associated with fireworks exploding in the 
area. The effective period of the safety zone will be announced 
annually via Safety Marine Information Broadcasts and by locally issued 
notices.

Regulatory Evaluation

    This regulation 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 regulation to be so minimal that a full 
Regulatory Evaluation under paragraph 10(e) of the regulatory policies 
and procedures of DOT is unnecessary. The safety zone closes a portion 
of Burlington Bay to all vessel traffic annually on the third of July 
from 7:45 p.m. until 10:15 p.m., unless extended or terminated sooner 
by the Captain of the Port New York. Although this regulation prevents 
traffic from transiting this area, the effect of this regulation is not 
significant for several reasons: the limited duration of the event; the 
late hour of the event; that traffic can safely transit to the west of 
the safety zone; the event has been held annually for the past several 
years without incident or complaint; and the extensive, advance 
advisories that will be made. Accordingly, 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 reasons set forth 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 this 
regulation and concluded that under section 2.B.2.e. of Commandant 
Instruction M16475.1B, revised 59 FR 38654, it is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination and Environmental Analysis Checklist are 
included in the docket. An appropriate environmental analysis of the 
fireworks program under the [[Page 31408]] National Environmental 
Policy Act will be conducted in conjunction with the marine event 
permitting process each year.
List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Final Regulation

    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. Section 165.166, is added to read as follows:


Sec. 165.166  Safety Zone; Annual Burlington Independence Day 
Celebration Fireworks Display, Burlington Bay, Vermont.

    (a) Location. All waters of Burlington Bay within a 250 yard radius 
of a fireworks platform anchored approximately 250 yards west of 
Burlington, Vermont, at or near 44 deg.28'33''N latitude and 
073 deg.13'33''W longitude (NAD 1983).
    (b) Effective period. The safety zone is in effect annually on the 
third of July from 7:45 p.m. until 10:15 p.m., unless extended or 
terminated sooner by the Captain of the Port New York. The effective 
period will be announced annually via Safety Marine Information 
Broadcasts and locally issued notices.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 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 2, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-14557 Filed 6-14-95; 8:45 am]
BILLING CODE 4910-14-M