[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Rules and Regulations]
[Pages 34287-34288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16782]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-058]
RIN 2115-AA97


Safety Zone: Burlington Independence Day Fireworks, Burlington 
Bay, 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 Burlington Independence Day fireworks program located on Burlington 
Bay, Lake Champlain, Vermont. The safety zone is in effect from 9 p.m. 
until 10:30 p.m. on Friday, July 3, 1998, with a rain date of Saturday, 
July 11, 1998, at the same time and place. This action is necessary to 
provide for the safety of life on navigable waters during the event. 
This action is intended to restrict vessel traffic in a portion of 
Burlington Bay on Lake Champlain, Vermont.

DATES: This rule is effective from 9 p.m. until 10:30 p.m. on Friday, 
July 3, 1998, with a rain date of Saturday, July 11, 1998, at the same 
time and place.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Coast Guard Activities New York, 212 Coast 
Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) A. 
Kenneally, Waterways Oversight Branch, Coast Guard Activities New York, 
at (718) 354-4195.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing an NPRM and for making this regulation effective less than 
30 days after Federal Register publication. Due to the date this 
updated application was received, there was insufficient time to draft 
and publish an NPRM. Any delay encountered in this regulation's 
effective date would be contrary to public interest since immediate 
action is needed to close a portion of the waterway and protect the 
maritime public from the hazards associated with this fireworks 
display.

Background and Purpose

    On May 18, 1998, the City of Burlington, VT submitted an 
Application for Approval of Marine Event to hold a fireworks program on 
the waters of Burlington Bay on Lake Champlain, Vermont. The sponsor 
notified the Coast Guard they are using larger fireworks shells than 
the annual regulation in 33 CFR 165.166 was written for. This 
regulation increases the radius of the safety zone from 250 yards to 
360 yards. This regulation establishes a safety zone in all waters of 
Burlington Bay within a 360 yard radius of the fireworks barge located 
in approximate position 44 deg.28'30.5'' N 073 deg.13'32'' W (NAD 
1983), beside the Burlington Bay breakwater. The safety zone is in 
effect from 9 p.m until 10:30 p.m. Friday, July 3, 1998, with a rain 
date of Saturday, July 11, 1998, at the same time and place. The safety 
zone prevents vessels from transitting this portion of Burlington Bay, 
Lake Champlain, Vermont and is needed to protect boaters from the 
hazards associated with fireworks launched from a barge in the area. 
Public notification will be made prior to the event via the Local 
Notice to Mariners.
    Regulations for a permanent Regulated Navigation Area have been 
published for this event in 33 CFR 165.166. If the annual regulation is 
enforced for this event the safety zone area will not be large enough 
to provide for the safety of life on navigable waters due to the larger 
fireworks shells being used. This final rule will close a portion of 
Burlington Bay for one hour less than the current regulations in 33 CFR 
165.166.

Regulatory Evaluation

    This 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 final rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This finding is based on the 
following: this is an annual marine event currently published in 33 CFR 
165.166, the event's date is the same, and the location is only 75 
yards from the location in 33 CFR 165.166, this final rule will close a 
portion of Burlington Bay for less time than the current regulation 
will, the limited marine traffic in the area, the minimal time that 
vessels will be restricted from the zone, and advance notification 
which will be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operate and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    For reasons discussed in the Regulatory Evaluation above, the Coast 
Guard 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.

[[Page 34288]]

Collection of Information

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this final rule does not have sufficient implications for federalism to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
final rule and concluded that under Figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C, this final rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

Regulation

    For the reasons discussed 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. Add temporary Sec. 165.T01-058 to read as follows:


Sec. 165.T01-058  Safety Zone: Burlington Independence Day Fireworks, 
Burlington Bay, Vermont.

    (a) Location. The following area is a safety zone: all waters of 
Burlington Bay, Lake Champlain, Vermont, within a 360 yard radius of 
the fireworks barge in approximate position 44 deg.28'30.5'' N 
073 deg.13'32'' W (NAD 1983), beside the Burlington Bay breakwater.
    (b) Effective period. This section is effective from 9 p.m. until 
10:30 p.m. on Friday, July 3, 1998, with a rain date of Saturday, July 
11, 1998, at the same time and place.
    (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 5, 1998.
L.M. Brooks,
Captain, U.S. Coast Guard, Acting Captain of the Port, New York.
[FR Doc. 98-16782 Filed 6-23-98; 8:45 am]
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