Safety Zone: Annual Burlington Independence Day Celebration Fireworks Display, Burlington Bay, Vermont

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-95-012]

RIN 2115-AA97

Safety Zone: Annual Burlington Independence Day Celebration

Fireworks Display, Burlington Bay, Vermont

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a permanent safety zone for

the annual Burlington Independence Day Celebration fireworks display

located in Burlington Bay, Burlington, Vermont. The safety zone is in

effect annually on the third of July from 7:45 p.m. until 10:15 p.m.

The safety zone temporarily closes all waters of Burlington Bay within

a 250 yard radius of the fireworks platform anchored approximately 250

yards west of Burlington, Vermont, at or near 44 deg.28'33''N latitude

and 073 deg.13'33''W longitude (NAD 1983).

EFFECTIVE DATE: This rule is effective on July 3, 1995.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief,

Coast Guard Group New York (212) 668-7934.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this notice are LTJG K. Messenger, Project Manager

Coast Guard Group New York and LCDR J. Stieb, Project Attorney, First

Coast Guard District, Legal Office.

Regulatory History

On March 22, 1995, the Coast Guard published a notice of proposed

rulemaking (NPRM) in the Federal Register (60 FR 15102). Interested

persons were requested to submit comments on or before May 22, 1995. No

comments were received. A public hearing was not requested and one was

not held. The Coast Guard is promulgating this final rule as proposed

with a minor correction. The NPRM contained incorrect coordinates due

to a publishing error. The coordinates were published as

44 deg.29'33''N latitude, 073 deg.13'33''W longitude. The coordinates

should have been published as 44 deg.28'33''N, 073 deg.13'33''W

longitude. This final rule states the coordinates correctly.

Due to the NPRM comment period deemed necessary to give adequate

public notice, there was insufficient time to publish this final rule

30 days prior to the event. Good cause exists for making this rule

effective less than 30 days after publication. Adequate measures are

being taken to ensure mariners are made aware of this regulation. This

rule will be locally published in the First Coast Guard District's

Local Notice to Mariners, and announced via Safety Marine Information

Broadcasts.

Background and Purpose

For the last several years, the Burlington Department of Parks and

Recreation has submitted an application to hold a fireworks program on

Burlington Bay. This regulation establishes a permanent safety zone on

all waters of Burlington Bay within a 250 yard radius of the fireworks

platform anchored approximately 250 yards west of Burlington, Vermont,

at or near 44 deg.28'33''N latitude and 073 deg.13'33''W longitude (NAD

1983). The safety zone is in effect annually on the third of July from

7:45 p.m. until 10:15 p.m., unless extended or terminated sooner by the

Captain of the Port New York. The safety zone precludes all vessels

from transiting this portion of Burlington Bay and is needed to protect

mariners from the hazards associated with fireworks exploding in the

area. The effective period of the safety zone will be announced

annually via Safety Marine Information Broadcasts and by locally issued

notices.

Regulatory Evaluation

This regulation 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. It has been exempted from review by the Office of

Management and Budget 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 regulation to be so minimal that a full

Regulatory Evaluation under paragraph 10(e) of the regulatory policies

and procedures of DOT is unnecessary. The safety zone closes a portion

of Burlington Bay to all vessel traffic annually on the third of July

from 7:45 p.m. until 10:15 p.m., unless extended or terminated sooner

by the Captain of the Port New York. Although this regulation prevents

traffic from transiting this area, the effect of this regulation is not

significant for several reasons: the limited duration of the event; the

late hour of the event; that traffic can safely transit to the west of

the safety zone; the event has been held annually for the past several

years without incident or complaint; and the extensive, advance

advisories that will be made. Accordingly, the Coast Guard expects the

economic impact of this regulation to be so minimal that a Regulatory

Evaluation is unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this regulation will have a

significant economic impact on a substantial number of small entities.

``Small entities'' include independently owned and operated small

businesses that are not dominant in their field and that otherwise

qualify as ``small business concerns'' under Section 3 of the Small

Business Act (15 U.S.C. 632).

For reasons set forth in the Regulatory Evaluation, the Coast Guard

expects the impact of this regulation to be minimal. The Coast Guard

certifies under 5 U.S.C. 605(b) that this regulation will not have a

significant economic impact on a substantial number of small entities.

Collection of Information

This regulation contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501).

Federalism

The Coast Guard has analyzed this action in accordance with the

principles and criteria contained in Executive Order 12612 and has

determined that this regulation does not raise sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the environmental impact of this

regulation and concluded that under section 2.B.2.e. of Commandant

Instruction M16475.1B, revised 59 FR 38654, it is categorically

excluded from further environmental documentation. A Categorical

Exclusion Determination and Environmental Analysis Checklist are

included in the docket. An appropriate environmental analysis of the

fireworks program under the [[Page 31408]] National Environmental

Policy Act will be conducted in conjunction with the marine event

permitting process each year.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

Final Regulation

For reasons set out in the preamble, the Coast Guard amends 33 CFR

Part 165 as follows:

PART 165--[AMENDED]

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, and 160.5; 49 CFR 1.46.

2. Section 165.166, is added to read as follows:

Sec. 165.166 Safety Zone; Annual Burlington Independence Day

Celebration Fireworks Display, Burlington Bay, Vermont.

(a) Location. All waters of Burlington Bay within a 250 yard radius

of a fireworks platform anchored approximately 250 yards west of

Burlington, Vermont, at or near 44 deg.28'33''N latitude and

073 deg.13'33''W longitude (NAD 1983).

(b) Effective period. The safety zone is in effect annually on the

third of July from 7:45 p.m. until 10:15 p.m., unless extended or

terminated sooner by the Captain of the Port New York. The effective

period will be announced annually via Safety Marine Information

Broadcasts and locally issued notices.

(c) Regulations. (1) The general regulations contained in 33 CFR

165.23 apply.

(2) All persons and vessels shall comply with the instructions of

the Coast Guard Captain of the Port or the designated on scene patrol

personnel. U.S. Coast Guard patrol personnel include commissioned,

warrant, and petty officers of the Coast Guard. Upon being hailed by a

U.S. Coast Guard vessel via siren, radio, flashing light, or other

means, the operator of a vessel shall proceed as directed.

Dated: June 2, 1995.

T.H. Gilmour,

Captain, U.S. Coast Guard, Captain of the Port, New York.

[FR Doc. 95-14557 Filed 6-14-95; 8:45 am]

BILLING CODE 4910-14-M