Final Rule: Special Local Regulations Concerning Fireworks Displays in Norwich and Middletown, CT, 12881-12884 [E8-4830]
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Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations
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(24) Then proceed west-southwest
along the south shoreline of the Suisun
Bay and the Carquinez Strait to its
intersection with Interstate 680 at the
Benicia-Martinez Bridge and BM 66,
T3N/R2W, on the Vine Hill Quadrangle.
(25) Then proceed generally north
following Interstate 680, crossing over
and back on the Benicia Quadrangle
map and continuing over the Fairfield
South Quadrangle map, to its
intersection with the Southern Pacific
railroad track at Cordelia, Section 12,
T4N/R3W, on the Cordelia Quadrangle
map.
(26) Then proceed generally west
along the Southern Pacific railroad track
to its intersection with the Napa and
Solano Counties boundary line in
Jameson Canyon at Creston, Section 9,
T4N/R3W, on the Cordelia Quadrangle
map.
(27) Then proceed generally southsoutheast, followed by straight west
along the Napa and Solano Counties
boundary line; continue straight west,
crossing over the Cuttings Wharf
Quadrangle map, to its intersection with
the east shoreline of Sonoma Creek
slough, which coincides with the
Highway 37 bridge on the Solano
County side of the creek, T4N/R5W, on
the Sears Point Quadrangle.
(28) Then proceed generally southeast
along the north and east shorelines of
San Pablo Bay, also known as the San
Pablo Bay National Wildlife Refuge,
crossing over the Cuttings Wharf
Quadrangle map, to its intersection with
the Breakwater line, located within the
Vallejo City boundary and 0.7 mile
west-southwest of the beacon, T3N/
R4W, on the Mare Island Quadrangle.
(29) Then proceed straight southsouthwest 1.2 miles to its intersection
with the San Pablo Bay shoreline at BM
14, west of Davis Point, T3N/R4W, on
the Mare Island Quadrangle.
(30) Then proceed generally south
along the contiguous eastern shorelines
of San Pablo Bay and San Francisco
Bay, crossing over the Richmond and
San Quentin Quadrangle maps, to its
intersection with the San Francisco/
Oakland Bay Bridge on the Oakland
West Quadrangle.
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Signed: March 16, 2007.
John J. Manfreda,
Administrator.
Approved: November 16, 2007.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
Editorial Note: This document was
received at the Office of the Federal Register
on March 6, 2008.
[FR Doc. E8–4785 Filed 3–6–08; 8:45 am]
BILLING CODE 4810–31–P
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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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.
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2007–
0111 and are available online at
https://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
ADDRESSES:
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12881
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°31′20.9″ N, 072°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°31′20″ N, 073°04′83″ W is being
changed because the longitude position
of 073°04′83″ W is incorrect. The
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Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations
yshivers on PROD1PC62 with RULES
longitude position where the event is
held is at 072°, not the longitude
position of 073° currently listed in the
regulation. Also, the coordinate position
83″ 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°33′47.5″ N, 072°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°33′79″ N,
073°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°, not the longitude position of 073°
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°33′47.5″ N, 072°38′39.6″ W.
Publishing the special local regulation’s
correct location is necessary to protect
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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°31′20.9″ N, 072°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
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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.
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Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations
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.
yshivers on PROD1PC62 with RULES
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
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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
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12883
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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
I
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233.
2. In § 100.114 (a), in the Fireworks
Display Table, revise the entries for
Connecticut: 7.37 and Connecticut: 9.5
as follows:
I
§ 100.114 Fireworks Displays within the
First Coast Guard District
(a) * * *
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Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations
FIREWORKS DISPLAY TABLE
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Connecticut: 7.37 ............................
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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°33′47.5″ N, 072°38′39.6″ W (NAD 1983).
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Connecticut: 9.5 ..........................
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A night during the weekend fol- Name: Taste of Italy Fireworks. Sponsor: Italian Heritage
lowing Labor Day.
CommitteeTime: 8 p.m. to 10 p.m. Location: Norwich Harbor, off
Norwich Marina, Norwich, CT. 41°31′20.9″ N, 072°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]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2007–0078]
RIN 1625–AA09
Drawbridge Operation Regulation;
Liberty Bayou, Slidell, LA
Coast Guard, DHS.
Final rule.
AGENCY:
yshivers on PROD1PC62 with RULES
ACTION:
SUMMARY: The Coast Guard is changing
the regulation governing the operation
of the State Route 433 (S433) Bridge
across Liberty Bayou, mile 2.0, at
Slidell, St. Tammany Parish, Louisiana
and cancelling the test deviation
presently in effect for this bridge. This
change is being made in order to reduce
the hours of manned operation of the
bridge to make more efficient use of
personnel and operating resources.
DATES: This rule is effective April 10,
2008. The test deviation, USCG–2007–
0081, published on November 15, 2007,
under docket number CGD08–07–032,
(72 FR 64152) is cancelled as of April
10, 2008.
ADDRESSES: Comments and related
materials received from the public, as
well as documents indicated in this
preamble as being available in the
docket, are part of docket USCG–2007–
0078, previously published under
docket number CGD08–06–010. The
docket is available at https://
www.regulations.gov. This material is
also available for inspection of copying
VerDate Aug<31>2005
15:22 Mar 10, 2008
Jkt 214001
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*
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 office of
the Commander, Eighth Coast Guard
District, Bridge Administration Branch,
500 Poydras Street, Room 1313, New
Orleans, LA 70130–3310 between 7 a.m.
and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Phil
Johnson, Bridge Administration Branch,
telephone (504) 671–2128. 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
On November 15, 2007, we published
a supplemental notice of proposed
rulemaking (SNPRM) entitled
‘‘Drawbridge Operation Regulations;
Liberty Bayou, Slidell, LA’’ in the
Federal Register, (72 FR 64177), USCG–
2007–0078, previously published under
docket number CGD08–06–010. No
public meeting was requested, and none
was held.
Concurrent with the publication of
the SNPRM, a Test Deviation, USCG–
2007–0081, old docket number CGD08–
07–032, was published on November 15,
2007 entitled, ‘‘Drawbridge Operation
Regulations; Liberty Bayou, Slidell, LA’’
in the Federal Register, (72 FR 64152)
to allow the Louisiana Department of
Transportation and Development to test
the proposed schedule and to obtain
data and public comments. The Coast
Guard received no public comments
from this SNPRM or the above
referenced Test Deviation. This
deviation is being cancelled upon this
final rule going into effect because there
have been no comments or complaints,
and the new operating schedule will be
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*
*
permanent upon cancellation. This
deviation from the operating regulations
was authorized under 33 CFR 117.35.
Background and Purpose
On May 4, 2006, The Coast Guard
published a Notice of Proposed
Rulemaking in the Federal Register (86
FR 26290), under docket number
CGD08–06–010. The proposed rule
would have changed the notice required
for an opening from 12 hours to 4 hours.
The Coast Guard did not receive any
comments as a result of the Notice of
Proposed Rulemaking, but a final rule
was not published. Subsequently, the
bridge owner requested that the
operating regulation for the bridge again
be revised so that the bridge will open
on signal, except that from 7 p.m. to
7 a.m., the bridge will open on signal if
at least 2 hours notice is given.
The Louisiana Department of
Transportation and Development has
requested that the operating regulation
of the S433 pontoon span bridge be
changed in order to make more efficient
use of operating resources. Currently,
the draw of the S433 Bridge opens on
signal except that from 9 p.m. to 5 a.m.
the draw will open on signal if at least
12 hours notice is given, as required by
33 CFR 117.469.
Traffic counts indicate that an average
of 6000 vehicles cross the bridge daily
and approximately 1025, or 17.1% of
those, cross between the hours of 7 p.m.
and 7 a.m. Bridge tender logs for a threemonth period show that the bridge
opened 540 times, or an average of 6
times per day, to pass vessels. Of those
vessel openings during the three-month
period, 56, or 10.2% of them, were
between the hours of 7 p.m. and 7 a.m.
Most of the boats requesting openings
are recreational fishing vessels,
recreational powerboats and sailboats
that routinely transit this waterway and
are able to give advance notice.
On November 24, 2006 a Coast Guard
Bridge Permit was issued approving the
construction of a new swing span bridge
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]]>Agencies
[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12881-12884]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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 https://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
