[Federal Register Volume 72, Number 118 (Wednesday, June 20, 2007)]
[Rules and Regulations]
[Pages 33894-33896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11881]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-07-064]
RIN 1625-AA00


Safety Zone: Riverfest 2007, Connecticut River, Hartford, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones for the 
Riverfest 2007 Fireworks on the Connecticut River off Hartford, CT. The 
safety zones are necessary to protect the life and property of the 
maritime community from the hazards posed by the fireworks display. 
Entry into or movement within the safety zones during the enforcement 
period is prohibited without approval of the Captain of the Port, Long 
Island Sound.

DATES: This rule is effective from 8:30 p.m. on July 7, 2007 until 
10:30 p.m. on July 8, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD01-07-064 and will be available for 
inspection or copying at Sector Long Island Sound, New Haven, CT, 
between 9 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant D. Miller, Chief, Waterways 
Management Division, Coast Guard Sector Long Island Sound at (203) 468-
4596.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The Coast Guard did not 
receive an Application for Approval of Marine Event for this event in 
sufficient time, thereby making an NPRM impracticable and contrary to 
the pubic interest.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal

[[Page 33895]]

Register. Any delay encountered in this regulation's effective date 
would be impracticable and contrary to public interest since immediate 
action is needed to prevent traffic from transiting a portion of the 
Connecticut River, Hartford, CT and to protect the maritime public from 
the hazards associated with this fireworks event.
    The safety zones should have minimal negative impact on the public 
and navigation because they will be enforced for a two hour period on a 
single day and the area closed by the safety zones is minimal, allowing 
vessels to transit around the zones on the Connecticut River, Hartford, 
CT.

Background and Purpose

    The Riverfest 2007 Fireworks display will take place on the 
Connecticut River, Hartford, CT from 8:30 p.m. to 10:30 p.m. on July 7, 
2007. If the fireworks display is cancelled due to inclement weather, 
the event will take place from 8:30 p.m. to 10:30 p.m. on July 8, 2007. 
These safety zones are necessary to protect the life and property of 
the maritime public from the hazards posed by the fireworks display. 
They will protect the maritime public by prohibiting entry into or 
movement within this portion of the Connecticut River one hour prior 
to, during and one hour after the stated event.

Discussion of Rule

    This regulation establishes temporary safety zones on the waters of 
the Connecticut River, Hartford, CT within a 500-foot radius of each of 
the two fireworks barges located at approximate positions 
41[deg]45'39.93'' N, 072[deg]39'49.14'' W and 41[deg]45'36.06'' N, 
072[deg]39'46.03'' W. The temporary safety zones will be outlined by 
temporary marker buoys installed by the event organizers.
    This action is intended to prohibit vessel traffic in a portion of 
the Connecticut River, Hartford, CT to provide for the protection of 
life and property of the maritime public. The safety zones will be 
enforced from 8:30 p.m. until 10:30 p.m. on July 7, 2007, or if the 
event is postponed due to weather, from 8:30 p.m. to 10:30 p.m. on July 
8, 2007. Marine traffic may transit safely outside of the safety zones 
during the event thereby allowing navigation of the rest of the 
Connecticut River except for the portion delineated by this rule.
    The Captain of the Port anticipates minimal negative impact on 
vessel traffic due to this event due to the limited area and duration 
covered by these safety zones. Public notifications will be made prior 
to the effective period via local notice to mariners and marine 
information broadcasts.

Regulatory Evaluation

    This 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.
    This regulation may have some impact on the public, but the 
potential impact will be minimized for the following reasons: Vessels 
will only be excluded from the area of the safety zones for two hours; 
and vessels will be able to operate in other areas of the Connecticut 
River, Hartford, CT during the enforcement period.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in those portions of the Connecticut River covered by the 
safety zone. For the reasons outlined in the Regulatory Evaluation 
section above, this rule will not have a significant impact on a 
substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
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 (Pub. L. 104-121), we offered to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. If this 
rule will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions please 
call Lieutenant D. Miller, Chief, Waterways Management Division, Sector 
Long Island Sound, at (203) 468-4596. 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). The Coast Guard will not 
retaliate against small entities that question or complain about this 
rule or any policy or action of the Coast Guard.

Collection of Information

    This rule calls 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 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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.

[[Page 33896]]

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it will 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.

Energy Effects

    We have analyzed this 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that there are no factors in this case that would limit the use of the 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation because this rule establishes a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be 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.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226 and 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add temporary Sec.  165.T01-064 to read as follows:


Sec.  165.T01-064  Safety Zone: Riverfest 2007 Fireworks, Connecticut 
River, Hartford, CT.

    (a) Location. The following areas are safety zones:
    (1) All navigable waters of the Connecticut River in a 500-foot 
radius of the fireworks barge located at approximate position 
41[deg]45'39.93'' N, 072[deg]39'49.14'' W.
    (2) All navigable waters of the Connecticut River in a 500-foot 
radius of the fireworks barge located at approximate position 
41[deg]45'36.06'' N, 072[deg]39'46.03'' W.
    (b) Definition. The following definition applies to this section: 
Designated on-scene patrol personnel, means any commissioned, warrant, 
and petty officer of the U.S. Coast Guard operating a Coast Guard 
vessel who has been authorized to act on the behalf of the Captain of 
the Port, Long Island Sound.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into or movement within these zones is prohibited 
unless authorized by the Captain of the Port, Long Island Sound.
    (3) All persons and vessels shall comply with the Coast Guard 
Captain of the Port, Long Island Sound or designated on-scene patrol 
personnel.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel shall proceed 
as directed.
    (5) Persons and vessels may request permission to enter the zone on 
VHF-16 or via telephone at (203) 468-4401.
    (d) Enforcement period. This section will be enforced from 8:30 
p.m. to 10:30 p.m. on Saturday, July 7, 2007. If the fireworks display 
is cancelled due to inclement weather, it will be enforced from 8:30 
p.m. to 10:30 p.m. on Sunday, July 8, 2007.

    Dated: June 5, 2007.
J.J. Plunkett,
Commander, U.S. Coast Guard, Captain of the Port, Long Island Sound, 
Acting.
 [FR Doc. E7-11881 Filed 6-19-07; 8:45 am]
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