[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Rules and Regulations]
[Pages 34995-34997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16665]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-095]
RIN 2115-AA97


Safety Zone: Fenwick Fireworks Display, Long Island Sound

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Fenwick 
Fireworks Display to be held off Fenwick Pier, Old Saybrook, CT., on 
July 3, 1999. This action is needed to protect persons, facilities, 
vessels and others in the maritime community from the safety hazards 
associated with this fireworks display. Entry into this safety zone is 
prohibited unless authorized by the Captain of the Port.

EFFECTIVE DATE: This regulation is effective on July 3, 1999, from 8:45 
p.m. until July 4, 1999 at 10:00 p.m.

ADDRESSES: Documents relating to this temporary final rule are 
available for inspection and copying at U.S. Coast Guard Group Long 
Island Sound, 120 Woodward Avenue, New Haven, CT 06512. Normal office 
hours are between 8:00 a.m. and 4:00 p.m., Monday through Friday, 
except holidays. Comments may also be faxed to this address. The fax 
number is (203) 468-4445.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander T.J. Walker, 
Chief of Port Operations, Captain of the Port, Long Island Sound at 
(203) 468-4444.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    Pursuant to 5 U.S.C. 553, good cause exists for not publishing a 
notice of proposed rulemaking (NPRM) and for making this rule effective 
in less than 30 days after Federal Register publication. The sponsor of 
the event did not provide the Coast Guard with the final details for 
the event in sufficient time to

[[Page 34996]]

publish a NPRM or a final rule 30 days in advance. The delay 
encountered if normal rulemaking procedures were followed would 
effectively cancel the event. Cancellation of this event is contrary to 
the public interest since the fireworks display is for the benefit of 
the public.

Background and Purpose

    Mr. Arnold L. Chase of West Hartford, CT. is sponsoring a fireworks 
display off of Fenwick Pier on Long Island Sound, Old Saybrook, CT. The 
fireworks display will occur on July 3, 1999, from 8:45 pm until 10:00 
pm. In case of inclement weather, the rain date will be July 4, 1999 at 
the same time and place. The safety zone covers all waters of Long 
Island Sound within a 600 foot radius of the fireworks launching barge 
which will be located off of Fenwick Pier, Old Saybrook, CT, in 
approximate position: 41 deg.16' N, 072 deg.23' W, (NAD 1983). This 
zone is required to protect the maritime community from the safety 
dangers associated with this fireworks display. Entry into or movement 
within this zone will be prohibited unless authorized by the Captain of 
the Port or his on-scene representative.

Regulatory Evaluation

    This temporary 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)(30 of 
that order. It has been exempted form 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. This safety zone involves only a 
portion of Lond Island Sound and entry into this zone will be 
restricted for only 1 hour and 15 minutes on July 3 or 4 1999. Although 
this regulation prevents traffic from transiting this section of Long 
Island Sound, the effect of this regulation will not be significant for 
several reasons: the duration of the event is limited; the event is a 
later hour; all vessel traffic may safely pass around this safety zone; 
and extensive, advance maritime advisories will be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this proposal would have a significant 
economic impact on a substantial number or small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and (2) governmental jurisdictions 
with populations of less than 50,000.
    For the reasons discussed under 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 rule will not have a 
significant impact on a substantial number of small entities.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard 
wants to assist small entities in understanding this final rule so that 
they can better evaluate its effects on them and participate in the 
rulemaking. If your small business or organization would be affected by 
this final rule and you have questions concerning its provisions or 
options for compliance please call LCDR T.J. Walker, telephone (202) 
468-4444.
    The Ombudsman of Regulatory Enforcement for Small Business and 
Agriculture, and 10 Regional Fairness Boards, were established to 
receive comments from small businesses about enforcement by Federal 
agencies. The Ombudsman will annually evaluate such enforcement and 
rate each agency's responsiveness to small business. If you wish to 
comment on enforcement by the Coast Guard, call 1-888-REG-FAIR (1-888-
734-3247).

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 
determine that these regulations do no raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the 
Coast Guard must consider whether this rule will result in an annual 
expenditure by state, local, and tribal governments, in aggregate of 
$100 million (adjusted annually for inflation). If so, the Act requires 
that a reasonable number of regulatory alternatives be considered, and 
that from those alternatives, the least costly, most cost-effective, or 
least burdensome alternative that achieves the objective of the rule be 
selected. No state, local, or tribal government entities will be 
effected by this rule, so this rule will not result in annual or 
aggregate costs of $100 million or more. Therefore, the Coast Guard is 
exempt from any further regulatory requirements under the Unfunded 
Mandates Act.

Environment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that under Figure 2-1, paragraph 34(g), of 
Commandant Instruction, M 16475.C, this rule is categorically excluded 
from further environmental documentation. A written Categorical 
Exclusion Determination is available in the docket for inspection or 
copying where indicated under Addresses.

Other Executive Orders on the Regulatory Process

    In addition to the statutes and Executive Orders already addressed 
in this preamble, the Coast Guard considered the following executive 
orders in developing this final rule and reached the following 
conclusions:
    E.O. 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights. This final rule will not 
effect a taking of private property or otherwise have taking of private 
property or otherwise have taking implications under this Order.
    E.O. 12875, Enhancing the Intergovernmental Partnership. This final 
rule meets applicable standards in sections 3(a) and 3(b)(2) of this 
Order to minimize litigation, eliminate ambiguity, and reduce burden.
    E.O. 13405, Protection of Children from Environmental Health Risks 
and Safety Risks. This final rule is not an economically significant 
rule and does not concern an environmental risk to safety 
disproportionately affecting children.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports 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), 
6.04-6 and 160.5; 49 CFR

[[Page 34997]]

1.46. Section 165.100 is also issued under authority of Sec. 311, 
Pub.L. 105-383.

    2. Add temporary Sec. 165.T01-CGD1-095 to read as follows:


Sec. 165.T01-CGD1-095  Fenwick Fireworks Display, Old Saybrook, Long 
Island Sound.

    (a) Location. The safety zone includes all waters of Long Island 
Sound within a 600 foot radius of the launch barge located off of 
Fenwick Pier, Old Saybrook, CT. in approximate position 41 deg.16' N, 
072 deg.23' W (NAD 1983).
    (b) Effective date. This section is effective on July 3, 1999, from 
8:45 p.m. until 10:00 p.m. In case of inclement weather, the rain date 
will be July 4, 1999, at the same time and place.
    (c)(1) Regulations. The general regulations covering safety zones 
contained in Sec. 165.23 of this part 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 21, 1999.
P.K. Mitchell,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 99-16665 Filed 6-29-99; 8:45 am]
BILLING CODE 4910-15-M