[Federal Register Volume 65, Number 136 (Friday, July 14, 2000)]
[Rules and Regulations]
[Pages 43697-43699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17914]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-012]

RIN 2115-AA97


Safety Zone: Mashantucket Pequot Fireworks Display, Thames River, 
New London, CT

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the 
Mashantucket Pequot Fireworks Display to be held on the Thames River, 
New London, CT on July 15, 2000. 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 15, 2000, from 
8:55 p.m. until 10:10 p.m. In case of inclement weather, July 16, 2000 
is the scheduled rain date for this event.

ADDRESSES: Documents relating to this temporary final rule are 
available for inspection and copying at U.S. Coast Guard Group/Marine 
Safety Office 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) 468-4443.

FOR FURTHER INFORMATION CONTACT: Chief Chris Stubblefield, Group/MSO 
Long Island Sound, New Haven, Connecticut (203) 468-4428.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Pursuant to 5 U.S.C. 553(b)(B), a notice of proposed rulemaking 
(NPRM) will not be published for this regulation. Good cause exists for 
not publishing a NPRM and for making this regulation effective less 
than 30 days after Federal Register publication. Due to the fact that 
plans for this event were recently finalized, there was insufficiant 
time to draft and publish a NPRM. Any delay encountered in this 
regulation's effective date would be contrary to the public interest 
since immediate action is needed to protect the maritime public from 
the hazards associated with the fireworks display, which is intended 
for public entertainment.
    However, we encourage you to participate in this rulemaking by 
submitting comments and related material. If you do so, please include 
your name and address, identify the docket number for this rulemaking 
CGD01-00-012 indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. Please 
submit all comments and related material in an unbound format, no 
larger than 8.5 by 11 inches, suitable for copying. If you would like 
to know they reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Coast Guard Group/MSO Long Island 
Sound Command Center at the address under ADDRESSES explaining why one 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Background and Purpose

    The Mashantucket Pequot Tribal Nation of Mashantucket, CT. is 
sponsoring a 30 minute fireworks display in the Thames River, New 
London, CT. The fireworks display will occur on July 15, 2000, from 
9:25 p.m. until 9:55 p.m.. The safety zone covers all waters of the 
Thames River within a 1000 foot radius of the fireworks launching 
barges which will be located off New London, CT., in approximate 
positions; barge one, 41 deg.-21'01.5"N, 072 deg.-05'25"W, barge two, 
41 deg.-20'58"N, 072 deg.-05'23"W, and barge three, 41 deg.-20'53.5"N, 
072 deg.-05'21"W (NAD 1983). This zone is required to protect the 
maritime 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)(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)

[[Page 43698]]

(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 the Thames River and entry into this zone will be restricted 
for 75 minutes on July 15, 2000. Although this regulation prevents 
traffic from transiting this section of Thames River, 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 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 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 Chief Chris Stubblefield, telephone 
(203) 468-4428.
    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 13132, and has 
determined that this regulations does not have federalism implications 
under that Order.

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.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

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.

List of Subjects in 33 CFR Part 165

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

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

    2. Add temporary Sec. 165.T01-012 to read as follows:


Sec. 165.T01-012;  Mashantucket Peqout Fireworks Display, Thames River, 
New London, CT.

    (a) Location. The safety zone includes all waters of Thames River 
within a 1000 foot radius of the launch site located on the Thames 
River, New London, CT., in approximate positions: Barge one; 41 deg.-
21'01.5"N, 072 deg.-05'25"W, Barge two: 41 deg.-20'58"N, 072 deg.-
05'23"W, and Barge three; 41 deg.-20'53.5"N, 072 deg.-05'21"W (NAD 
1983).
    (b) Effective date. This section is effective on July 15, 2000 from 
8:55 p.m. until 10:10 p.m. In case of inclement weather, July 16, 2000, 
is the scheduled rain date for this event.
    (c)(1) Regulations. The general regulations covering safety zones 
contained in section 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

[[Page 43699]]

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 16, 2000.
David P. Pekoske,
Captain, U.S. Coast Guard, Captain of the Port, Group/Marine Safety 
Office Long Island Sound.
[FR Doc. 00-17914 Filed 7-13-00; 8:45 am]
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