[Federal Register Volume 65, Number 142 (Monday, July 24, 2000)]
[Rules and Regulations]
[Pages 45525-45526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18560]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-142]
RIN 2115-AA97


Safety Zone: Groton Long Point Yacht Club Fireworks Display, Main 
Beach, Groton Long Point, CT

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Groton 
Long Point Yacht Club Fireworks Display to be held in Long Island 
Sound, Groton Long Point, CT on July 22, 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.

DATES: This rule is effective from 9 p.m. on July 22, 2000, until 10:15 
p.m. on July 23, 2000.

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 8:00 a.m. and 4:00 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Chris Stubblefield, Command 
Center, Group/Marine Safety Office Long Island Sound, New Haven, CT 
(203) 468-4428.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553 the Coast Guard finds that good cause 
exists for not publishing a NPRM and making this temporary final rule 
effective less than 30 days after publication in the Federal Register. 
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 Groton Long Point Yacht Club of Groton Long Point, CT is 
sponsoring a fireworks display off the main beach in Groton Long Point, 
CT. The fireworks display will occur from 9:00 p.m. until 10:15 p.m. on 
July 22, 2000. The safety zone covers all waters of the Long Island 
Sound within a 600 foot radius of the fireworks launching barge which 
will be located off of the main beach in Groton Long Point, CT in 
approximate position: 41 deg.-18.'05"N, 072 deg.-02.'08"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 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. The 
Office of Management and Budget has not reviewed it 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 Long Island Sound and entry into 
this zone will be restricted for only 75 minutes on July 22, 2000. 
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 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. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in

[[Page 45526]]

a portion of Long Island Sound from 9 p.m. until 10:15 p.m. on July 22, 
2000. This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following 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.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process. Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132, and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

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

Civil Justice Reform

    This 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 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 
rule 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 ``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), 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.T01-142 to read as follows:


Sec. 165.T01-142  Groton Long Point Yacht Club Display, Main Beach, 
Groton Long Point, CT.

    (a) Location. The safety zone includes all waters of Long Island 
Sound within a 600 foot radius of the launch site located on the Long 
Island Sound 600 feet south of Main Beach, Groton Long Point, CT in 
approximate position: 41 deg.-18'.05"N, 072 deg.-02'.08"W.
    (b) Effective date. This section is effective from 9 p.m., on July 
22, 2000 until 10:15 p.m., on July 23, 2000.
    (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 25, 2000.
David P. Pekoske,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 00-18560 Filed 7-21-00; 8:45 am]
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