[Federal Register Volume 67, Number 78 (Tuesday, April 23, 2002)]
[Proposed Rules]
[Pages 19728-19729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9938]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-043]
RIN 2115-AA97


Safety Zone; Town of Branford Annual Fireworks, Branford, CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for the Town of Branford Annual Fireworks Display, in Branford Harbor, 
Branford, CT. This action is necessary to provide for the safety of 
life on navigable waters during the event. This action is intended to 
restrict vessel traffic in a portion of Branford Harbor.

DATES: Comments and related material must reach the Coast Guard on or 
before May 23, 2002.

ADDRESSES: You may mail comments and related material to Marine Events, 
Coast Guard Group/Marine Safety Office Long Island Sound, Command 
Center, 120 Woodward Ave., New Haven, CT 06512. Coast Guard Group/
Marine Safety Office Long Island Sound maintains the public docket for 
this rulemaking. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at Group/MSO Long Island Sound, New Haven, CT, 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Boatswain's Mate Second Class (BM2) 
Ryan Peebles, Group Operations Petty Officer, Coast Guard Group/MSO 
Long Island Sound at (203)468-4408.

SUPPLEMENTARY INFORMATION:

Request for Comments

    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 [CGD01-02-
043], 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\1/2\ 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 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 Coast Guard proposes to establish a temporary safety zone for 
the Town of Branford Annual Fireworks Display in Branford Harbor. The 
proposed safety zone is needed to protect boaters from the hazards 
associated with fireworks launched from a barge in the area. This 
proposed safety zone would cover the minimum area needed and impose the 
minimum restrictions necessary to ensure the protection of all vessels.

Discussion of Proposed Rule

    The proposed safety zone is for the Town of Branford Annual 
Fireworks Display held in Branford Harbor, Branford, CT. This event 
will be held on June 22, 2002. In the event of inclement weather, the 
event will be held on June 23, 2001. The proposed safety zone would be 
in effect from 8:45 p.m. until 9:45 p.m. on the date of the event. The 
proposed safety zone would encompass all waters of Branford Harbor 
within a 600-foot radius of approximate position 41 deg.15'30" N, 
072 deg.49'20" W (NAD 1983).
    Public notifications would be made prior to the event via the Local 
Notice to Mariners and Marine Information Broadcasts. Marine traffic 
would be allowed to transit around the safety zone at all times. 
Vessels would not be precluded from mooring at or getting underway from 
recreational or commercial piers in the vicinity of the zone. No vessel 
would be permitted to enter the safety zone without permission from the 
Captain of the Port, Long Island Sound.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. This proposed 
safety zone would temporarily close a portion of Branford Harbor to 
vessel traffic. However, the impact of this proposed rule is expected 
to be minimal for the following reasons: the event is of limited 
duration; vessels would not be precluded from getting underway, or 
mooring at, public or private facilities in the vicinity of the event; 
advance advisories would be made to the maritime community; and marine 
traffic would be permitted to still transit around the zone during the 
event.
    The projected size of this proposed safety zone was determined 
using National Fire Protection Association standards and the Captain of 
the Port Long Island Sound Standing Orders for 6-inch mortars fired 
from a barge, combined with the Coast Guard's knowledge of tide and 
current conditions in the area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit or anchor in a portion of 
Branford Harbor during the time this zone is activated. This proposed 
safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: the 
event is of limited duration; vessels would not be precluded from 
getting underway, or mooring at, public or private facilities in the 
vicinity of the event; advance advisories would be made to the maritime 
community; and marine traffic would be permitted to transit around the 
zone during the event.
    If you think that your business, organization, or governmental

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jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
to the address under ADDRESSES explaining why you think it qualifies 
and how and to what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Boatswain's Mate Second Class 
(BM2) Ryan Peebles, Operations Petty Officer, Coast Guard Group/MSO 
Long Island Sound at (203) 468-4408.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 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 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 would not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1D, this proposed rule is categorically excluded 
from further environmental documentation. This proposed rule fits 
paragraph 34(g) as it establishes a safety zone. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, 160.5; 49 CFR 1.46.
    2. From 8:45 p.m. June 22, 2002 through 9:45 p.m. June 23, 2002, 
add temporary Sec. 165.T01-043 to read as follows:


Sec. 165.T01-043  Safety Zone; Town of Branford Annual Fireworks 
Display, Branford, CT.

    (a) Location. The following area is a safety zone: All waters of 
Branford Harbor within a 600-foot radius of approximate position 
41 deg.15'30" N, 072 deg.49'20" W (NAD 1983).
    (b) Enforcement period. This safety zone will be enforced from 8:45 
p.m. to 9:45 p.m. June 22, 2002. In case the event is postponed because 
of inclement weather, the zone will enforced instead during the same 
hours on June 23, 2002.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) No vessels will be allowed to transit the safety zone without 
the permission of the Captain of the Port, Long Island Sound.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

    Dated: April 3, 2002.
J.J. Coccia,
Captain, U. S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 02-9938 Filed 4-22-02; 8:45 am]
BILLING CODE 4910-15-U