[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Rules and Regulations]
[Page 12881-12884]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr08-5]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
------------------------------------------------------------------------
-------------------------------
* * * * * * *
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).
* * * * * * *
------------------------------------------------------------------------
* * * * *
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]
BILLING CODE 4910-15-P