[Federal Register: June 4, 2002 (Volume 67, Number 107)]
[Rules and Regulations]               
[Page 38395-38396]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn02-13]                         


[[Page 38395]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-061]
RIN 2115-AA97

 
Safety Zone; Charles' Engagement Fireworks Display, Black Point, 
CT

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
fireworks display located in Long Island Sound off shore of Black 
Point, 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 Long Island Sound.

DATES: This rule is effective from 9:30 p.m. on June 7, 2002, until 
10:30 p.m. on June 8, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD01-02-061) and are available for 
inspection or copying at Coast Guard Group/Marine Safety Office, 120 
Woodward Ave., New Haven, CT 06512, between 7:30 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: BM2 R. L. Peebles, Marine Events Petty 
Officer, Coast Guard Group/MSO Long Island Sound at (203) 468-4408.

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 and for making the rule 
effective less than 30 days following publication. An NPRM was 
considered unnecessary because the fireworks display is a local event 
that will have minimal impact on the waterway. The zone is only in 
effect for one hour and vessels can be given permission to transit the 
zone during all but about 15 minutes of this time. Vessels may transit 
around the zone at all times. Additionally, vessels would not be 
precluded from mooring at or getting underway from commercial or 
recreational piers in the vicinity of the zone.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone in the 
waters of Long Island Sound off shore of Black Point, CT. This safety 
zone encompasses all waters of Long Island Sound within an 800-foot 
radius of approximate position 41 deg.17'50'' N, 072 deg.12'06'' W (NAD 
1983). The safety zone is intended to protect boaters from the hazards 
associated with fireworks launched from a barge in the area. This 
safety zone covers the minimum area needed and imposes the minimum 
restrictions necessary to ensure the protection of all vessels.

Discussion of Rule

    The safety zone is for a fireworks display in Long Island Sound 
sponsored by Mr. Wade Thompson. The safety zone will be in effect from 
9:30 p.m. to 10:30 p.m. on June 7, 2002. The safety zone encompasses 
all waters of Long Island Sound within an 800-foot radius of 
approximate position 41 deg.17'50'' N, 072 deg.12'06'' W (NAD 1983).
    Public notifications will be made prior to the event via the Local 
Notice to Mariners and Marine Information Broadcasts. Marine traffic 
will be allowed to transit around the safety zone at all times. Vessels 
will not be precluded from mooring at or getting underway from 
recreational or commercial piers in the vicinity of the zone. No vessel 
may enter the safety zone without permission from the Captain of the 
Port, Long Island Sound.

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. 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 temporary final 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary. 
This finding is based on the minimal time that vessels will be 
restricted from the zone, the opportunity for vessels to transit around 
the zone during the event, the ability of vessels to moor at or get 
underway from commercial or recreational piers in the vicinity of the 
zone, and the advance notifications that will be made.
    The size of this safety zone was determined using National Fire 
Protection Association and the Captain of the Port Long Island Sound 
Standing Orders for 8-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 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 a portion of Long Island Sound during the times 
this zone is activated.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: it is a 
local event with minimal impact on the waterway, vessels may still 
transit around the zone during the event, the zone is only in effect 
for one hour and vessels can be given permission to transit the zone 
except for all but about 15 minutes during this time. Additionally, 
vessels will not be precluded from mooring at or getting underway from 
commercial or recreational piers in the vicinity of the zone. Before 
the effective period, public notifications will be made via Local 
Notice to Mariners and Marine Information Broadcasts.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule will 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact BM2 Ryan Peebles, in the Operations at Coast 
Guard Group/Marine Safety Office Long Island Sound, CT, at (203) 468-
4408.

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).

[[Page 38396]]

Federalism

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

Unfunded Mandates

    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's 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, 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 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. A 
rule with tribal implications has 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.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. This rule fits paragraph 34(g) as it 
establishes a safety zone. 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), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    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

    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 9:30 p.m. on June 7, 2002, until 10:30 p.m. on June 8, 
2002, add temporary Sec. 165.T01-061 to read as follows:


Sec. 165.T01-061  Safety Zone; Charles' Engagement Fireworks Display, 
Black Point, CT.

    (a) Location. The following area is a safety zone: All waters of 
Long Island Sound within an 800-foot radius of the fireworks barge in 
approximate position 41 deg.17'50'' N, 072 deg.12'06'' W (NAD 1983).
    (b) Enforcement times and dates. This section will be enforced from 
9:30 p.m. until 10:30 p.m. on June 7, 2002. In the event of inclement 
weather on June 7, 2002, this rule will be in enforced from 9:30 p.m. 
until 10:30 p.m. on June 8, 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: May 22, 2002.
J.J. Coccia,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 02-13970 Filed 6-3-02; 8:45 am]
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