[Federal Register Volume 65, Number 154 (Wednesday, August 9, 2000)]
[Rules and Regulations]
[Pages 48616-48617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20168]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-191]
RIN 2115-AA97


Safety Zone: Saybrook Summer Pops Concert, Saybrook Point, 
Connecticut River, CT

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Saybrook 
Summer Pops Concert Fireworks Display to be held at Saybrook Point, on 
the Connecticut River on August 13, 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.

DATES: This rule is effective from 8:30 p.m. until 10:30 p.m. on August 
13, 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 a.m. and 4 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:

Requlatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(8) and (d)(3), the Coast Guard finds 
that good cause exists for not publishing a NPRM and making this 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 Old Saybrook Chamber of Commerce, of Old Saybrook, CT is 
sponsoring a fireworks display after the Saybrook Summer Pops concert. 
The fireworks will be launched from Saybrook Point on the Connecticut 
River, Old Saybrook, CT. The fireworks display will occur on August 13, 
2000, following the concert. The safety zone covers all waters of the 
Connecticut River within a 400 foot radius of the fireworks launching 
area which will be located north of the dock on Saybrook Point, 
Connecticut River, CT in approximate position: 41 deg.-17'35"N, 
072 deg.-21'20"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 the Connecticut River and entry 
into this zone will be restricted for only 120 minutes on August 13, 
2000. Although this regulation prevents traffic from transiting this 
section of the Connecticut 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. 601-612), 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 are not dominant in their fields, and 
governmental

[[Page 48617]]

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 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 a portion of the Connecticut River from 8:30 p.m. 
until 10:30 p.m. on August 13, 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), the Coast Guard 
wants to assist small entities in understanding the rule so that they 
could better evaluate its effects on them and participate in the 
rulemaking process. If your small business or organization would be 
affected by this rule and you have any questions concerning its 
provisions or options for compliance, please call Chief Chris 
Stubblefield at (203) 468-4428. 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 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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 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-CGD1-191 to read as follows:


Sec. 165.T01-CGD1-191;  Saybrook Summer Pops Concert, Saybrook, Point, 
Connecticut River, Old Saybrook, CT.

    (a) Location. The safety zone includes all waters of Connecticut 
River within a 400 foot radius of the launch site located on Saybrook 
Point, Old Saybrook, CT in approximate position 41 deg.-17'35"N, 
072 deg.-21'20"W (NAD 1983).
    (b) Effective date. This section is effective from 8:30 p.m. until 
10:30 p.m. on August 13, 2000.
    (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 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: July 24, 2000.
David P. Pekoske,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 00-20168 Filed 8-8-00; 8:45 am]
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