[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Rules and Regulations]
[Pages 43290-43291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20516]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-118]
RIN 2115-AA97
Safety Zone: The Clinton Bluefish Festival Fireworks Display,
Clinton Harbor Clinton, CT
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the Clinton
Bluefish Festival Fireworks Display to be held in Clinton Harbor,
Clinton, CT., on August 21, 1999. This safety zone 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 August 21 and 22, 1999,
from 9 p.m. until 10:05 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 7:30 a.m. and 4 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: Chief C.D. Stubblefield, Office
Supervisor 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 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
The Clinton Bluefish Festival Committee is sponsoring a 20 minute
fireworks display in Clinton Harbor, Clinton, Connecticut. The
fireworks display will occur on August 21, 1999, from 9:30 p.m. until
9:50 p.m. The safety zone covers all waters of Clinton Harbor within a
800 foot radius of the fireworks launching site which will be located
in approximate position 41 deg.-05'25'' N, 072 deg.-31'25'' W (NAD)
1983. This zone is required to protect the maritime community from the
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 1286 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. This safety zone involves only a
portion of Clinton Harbor and entry into this zone will be restricted
for only 65 minutes on August 21, 1999. Although this regulation
prevents traffic from transiting this section of Clinton Harbor, the
effect of this regulation will not be significant for several reasons:
The duration of the event is limited; the event is at a late 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
[[Page 43291]]
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 (2)
governmental jurisdictions with populations of less than 50,000.
For the reasons addressed under the Regulatory Evaluation above,
the Coast Guard finds that this rule will not have a significant 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.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104), 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
affected 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),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T01-118 to read as follows:
Sec. 165.T01--118 The Clinton Bluefish Festival Fireworks Display,
Clinton Harbor, Clinton, CT.
(a) Location. The safety zone includes all waters of Clinton Harbor
within a 800 foot radius of the launch site located in approximate
position 41 deg.-05'.37''N, 071 deg.-31'25''W (NAD 1983).
(b) Effective date. This section is effective on August 21, 1999
from 9:00 p.m. until 10:05 p.m., and the rain date is August 22 at the
same times.
(c) Regulations. (1) 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.
D.P. Pekoske,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 99-20516 Filed 8-9-99; 8:45 am]
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