[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12881-12884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4830]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2007-0111]
RIN 1625-AA08


Final Rule: Special Local Regulations Concerning Fireworks 
Displays in Norwich and Middletown, CT

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: By this final rule, the Coast Guard is amending the 
coordinates given for two previously established special local 
regulations. The listed coordinates for the Taste of Italy Fireworks in 
Norwich, CT; and for the Middletown Fireworks on the Connecticut River 
in Middletown Harbor, Middletown, CT are being amended to properly 
reflect the geographic location where the events have been held in the 
past and will be held in the future.

DATES: This rule is effective April 10, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2007-0111 and are available online 
at http://www.regulations.gov. They are also available for inspection 
or copying at two locations: The Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and 
the Waterways Management Division, Coast Guard Sector Long Island 
Sound, 120 Woodward Ave., New Haven, CT 06512, between 9 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call LT Doug Miller at (203) 468-4596 or write him at the Waterways 
Management Division, U.S. Coast Guard Sector Long Island Sound, 120 
Woodward Ave., New Haven, CT 06512-3628. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

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 has determined 
that a notice and comment period is unnecessary as the change consists 
only of a correction to reflect the true location of the events. A 
notice of proposed rulemaking (64 FR 18587) was published on April 15, 
1999 prior to the creation of these special local regulations which 
clearly noted the geographic location of these events. Additionally, 
these two special local regulations have been in effect for each of the 
past eight years and the Coast Guard has not received any public 
comments regarding the provisions of these regulations. Therefore, it 
is unnecessary to publish an NPRM.

Background and Purpose

Taste of Italy Fireworks

    The Taste of Italy Fireworks display takes place annually on a 
night during the weekend following Labor Day from 8 p.m. to 10 p.m. A 
permanent special local regulation around the fireworks launch location 
was created in 33 CFR 100.114 on June 28, 1999. The final rule 
establishing the regulation was preceded by a Notice of Proposed 
Rulemaking (64 FR 18587) published on April 15, 1999. The NPRM listed 
the location of the fireworks as Norwich Harbor but did not give 
geographic coordinates. No comments or requests for public hearings 
were received. The special local regulation was published as a final 
rule in 64 FR 34544 on June 28, 1999, and geographic coordinates were 
included; however, the geographic coordinates published in the 
regulation were incorrect. Historically, this event has occurred at the 
approximate position 41[deg]31'20.9'' N, 072[deg]04'45.9'' W in Norwich 
Harbor and the Coast Guard is amending 33 CFR 100.114(a)(9.5) to 
reflect the location where it has been held in the past and where it 
will continue to be held in the future. The currently published 
position of 41[deg]31'20'' N, 073[deg]04'83'' W is being changed 
because the longitude position of 073[deg]04'83'' W is incorrect. The

[[Page 12882]]

longitude position where the event is held is at 072[deg], not the 
longitude position of 073[deg] currently listed in the regulation. 
Also, the coordinate position 83[sec] does not exist as a proper 
geographic coordinate and thus is being amended in this final rule. 
Publishing the special local regulation's correct location is necessary 
to protect the life and property of the maritime public from the 
hazards posed by the fireworks display. Having a properly established 
special local regulation will protect the maritime public by 
prohibiting entry into or movement within this portion of Norwich 
Harbor from approximately one hour prior to, during and one hour after 
the stated event.

Middletown Fireworks

    The Middletown Fireworks display takes place annually on July 4th 
from 8 p.m. to 10 p.m. A permanent special local regulation around the 
fireworks launch location was created in 33 CFR 100.114 on June 28, 
1999. The final rule establishing the regulation was preceded by a 
Notice of Proposed Rulemaking (64 FR 18587) published on April 15, 
1999. The NPRM listed the location of the fireworks as on the 
Connecticut River at Middletown Harbor but did not give geographic 
coordinates. No comments or requests for public hearings were received. 
The revision of the special local regulation was published as a final 
rule in 64 FR 34544 on June 28, 1999, and geographic coordinates were 
included at that time; however, the geographic coordinates published in 
the regulation were incorrect. Historically, this event has occurred at 
the approximate position 41[deg]33'47.5'' N, 072[deg]38'39.6'' W in 
Middletown Harbor and therefore the Coast Guard is amending 33 CFR 
100.114(a)(7.37) to properly reflect the location where it has been 
held in the past and where it will continue to be held in the future. 
The currently published position of 41[deg]33'79'' N, 073[deg]38'83'' W 
is being changed because these coordinates are inaccurate and the 
location does not exist as the coordinates are not properly formatted 
for plotting purposes. The longitude position where the event is held 
is at 072[deg], not the longitude position of 073[deg] currently listed 
in the regulation. Also, the coordinate positions 79' and 83'' do not 
exist as proper geographic coordinates and thus are being amended in 
this final rule. Accordingly, the Coast Guard is amending section 
100.114(a)(7.37) to state the correct approximate position of the 
display to be 41[deg]33'47.5'' N, 072[deg]38'39.6'' W. Publishing the 
special local regulation's correct location is necessary to protect the 
life and property of the maritime public from the hazards posed by the 
fireworks display. Having a properly established special local 
regulation will protect the maritime public by prohibiting entry into 
or movement within this portion of the Connecticut River at Middletown 
Harbor from approximately one hour prior to, during and one hour after 
the stated event.

Discussion of Rule

    This amendment to 33 CFR 100.114 (a)(9.5) will correct the 
coordinates currently listed in this regulation for the Taste of Italy 
Fireworks display. The special local regulation established on the 
navigable waters of Norwich Harbor will have the approximate position 
41[deg]31'20.9'' N, 072[deg]04'45.9'' W. The zone created by this 
special local regulation will be outlined by temporary marker buoys 
installed by the event organizers.
    This action is intended to prohibit vessel traffic in a navigable 
portion of Norwich Harbor to provide for the protection of life and 
property of the maritime public. The special local regulation will 
continue to be enforced from 8 p.m. until 10 p.m. on a night during the 
weekend following Labor Day as specified by the event organizers. 
Specific dates for future events will be published in the Federal 
Register. Marine traffic may transit safely outside of the zone created 
by the special local regulation during the event thereby allowing 
navigation of the rest of Norwich Harbor except for the portion 
delineated by this rule.
    The amendment to CFR 100.114(a)(7.37) will correct the approximate 
position of the Middletown Fireworks display. This change is needed to 
accurately convey the geographic coordinates of the fireworks event and 
the special local regulation so that mariners can plan their voyages 
accordingly thus enhancing the safety of participants, spectators, and 
transiting vessels.
    This action is intended to prohibit vessel traffic in a navigable 
portion of the Connecticut River at Middletown Harbor to provide for 
the protection of life and property of the maritime public. The special 
local regulation will continue to be enforced from 8 p.m. until 10 p.m. 
annually on the 4th of July. Marine traffic may transit safely outside 
of the zone created by the special local regulation during the event 
thereby allowing navigation of the rest of Middletown Harbor except for 
the portion delineated by this rule.
    The Captain of the Port anticipates minimal negative impact on 
vessel traffic from either of these special local regulations due to 
the limited area covered by the regulations and the short enforcement 
periods. In addition, public notification will be made via the First 
Coast Guard District Local Notice to Mariners and marine safety 
broadcasts.

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. 
We expect the economic impact of this rule to be so minimal that a full 
Regulatory Evaluation is unnecessary.
    These regulations 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 areas of the special local regulations 
for two hours and vessels will be able to operate in other areas of 
Norwich Harbor, Norwich, CT and Middletown Harbor, Middletown, CT 
during the enforcement periods.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 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 Norwich Harbor covered by the 
special local regulations and the owners or operators of vessels 
intending to transit the portion of the Connecticut River at Middletown 
Harbor covered by the special local regulations. For 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.

[[Page 12883]]

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding this rule so that they can 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). 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 the rule 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.

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 does not create 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 does 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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.lD 
which guides 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 a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(h), of the Instruction, from further environmental 
documentation as the rule modifies a special local regulation.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.



0
2. In Sec.  100.114 (a), in the Fireworks Display Table, revise the 
entries for Connecticut: 7.37 and Connecticut: 9.5 as follows:


Sec.  100.114  Fireworks Displays within the First Coast Guard District

    (a) * * *

[[Page 12884]]



                         Fireworks Display Table
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-------------------------------
 
                              * * * * * * *
Connecticut: 7.37.............  July 4th.........  Name: Middletown
                                                    Fireworks. Sponsor:
                                                    City of Middletown.
                                                    Time: 8 p.m. to 10
                                                    p.m. Location:
                                                    Connecticut River,
                                                    Middletown Harbor,
                                                    Middletown, CT.
                                                    1[deg]33'47.5'' N,
                                                    072[deg]38'39.6'' W
                                                    (NAD 1983).
 
                              * * * * * * *
 Connecticut: 9.5.............  A night during     Name: Taste of Italy
                                 the weekend        Fireworks. Sponsor:
                                 following Labor    Italian Heritage
                                 Day.               CommitteeTime: 8
                                                    p.m. to 10 p.m.
                                                    Location: Norwich
                                                    Harbor, off Norwich
                                                    Marina, Norwich, CT.
                                                    41[deg]31'20.9'' N,
                                                    072[deg]04'45.9'' W
                                                    (NAD 1983).
 
                              * * * * * * *
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* * * * *

    Dated: February 28, 2008.
T.S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E8-4830 Filed 3-10-08; 8:45 am]
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