[Federal Register: July 7, 2003 (Volume 68, Number 129)]
[Rules and Regulations]
[Page 40173-40174]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy03-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-03-069]
RIN 1625-AA00
Safety Zone: Tribute to the Troops, 4th of July Fireworks, Salem,
MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Tribute to the Troops/Fourth of July Fireworks on July 4, 2003, in
Salem Harbor, Salem, Massachusetts, temporarily closing all waters
around the center of Derby Wharf in Salem Harbor within a 400-yard
radius of the fireworks launch. The safety zone is necessary to protect
the life and property of the maritime public from the hazards posed by
a fireworks display. Entry into or movement within this portion of
Salem Harbor during the enforcement period is prohibited unless
authorized by the Captain of the Port Boston, Massachusetts.
DATES: This rule is effective from 8 p.m. until 10 p.m. on July 4,
2003.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Marine Safety Office Boston, 455 Commercial
Street, Boston, MA between the hours of 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Daniel Dugery,
Marine Safety Office Boston, Waterways Safety and Response Division, at
(617) 223-3000.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Good cause exists for not
publishing a NPRM and for making this regulation effective in less than
30 days after Federal Register publication. The temporary safety zone
is of very short duration and should have minimal impact on navigation.
Accordingly, publishing an NPRM and delaying its effective date would
be unnecessary and contrary to public interest since immediate action
is needed to prevent traffic from transiting a portion of Salem Harbor,
Massachusetts during the fireworks event and to provide for the safety
of life on navigable waters. Additionally, the zone should have a
negligible impact on vessel transits due to the fact that vessels can
still transit in the majority of Salem Harbor during the event.
Background and Purpose
The City of Salem is holding a fireworks display to honor the
nations military troops on July 4, 2003. This regulation establishes a
safety zone in Salem Harbor around the center of Derby Wharf within a
400-yard radius of the fireworks launch site located at
42[deg]31'04.5'' N, 70[deg]53'05'' W. The safety zone will be enforced
from 8 p.m. until 10 p.m. on July 4, 2003.
This safety zone is necessary to protect the life and property of
the maritime public from the dangers posed by this event. It will
protect the public by prohibiting entry into or movement within this
portion of Salem Harbor. No vessel may enter the temporary safety zone
without permission of the Captain of the Port Boston, Massachusetts.
Discussion of Rule
This action is intended to restrict vessel traffic in a portion of
Salem Harbor in the vicinity of Derby Wharf to provide for the
protection of life and property of the maritime public. The safety zone
will be enforced from 8 p.m. until 10 p.m. on July 4, 2003. Marine
traffic may transit safely outside of the safety zone in the majority
of Salem Harbor during the event.
Because of its limited time duration and because the temporary
safety zone leaves the majority of Salem Harbor open for navigation,
the Captain of the Port anticipates minimal negative impact on vessel
traffic due to this event. Public notifications will be made prior to
the effective period via Local Notice to Mariners and marine
information broadcasts.
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 Homeland
Security (DHS)(44 FR 11040, February 26, 1979). The Coast Guard expects
the economic impact of this rule to be minimal enough that a full
Regulatory Evaluation under the regulatory policies and procedures of
DHS is unnecessary. Although this rule will prevent traffic from
transiting a portion of Salem Harbor during the effective periods, the
effects of this rule will not be significant for several reasons:
Vessels will only be excluded from the area of the temporary safety
zone for 2 hours, vessels will be able to operate in the majority of
Salem Harbor during this time, and advance notifications will be made
to the local maritime community via marine information broadcasts and
Local Notice to Mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard 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
would not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit or anchor in the vicinity of Derby Wharf in Salem
Harbor on July 4, 2003. This safety zone will not have a significant
economic impact on a substantial number of small entities for the
reasons described under the Regulatory Evaluation section.
[[Page 40174]]
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.
Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard analyzed this rule under Executive Order 13132,
Federalism, and has determined that this rule does not have
implications for federalism under that Order.
Unfunded Mandates Reform Act
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 having first provided the funds to pay
those costs. This rule would not impose an unfunded mandate.
Taking of Private Property
This rule would not affect 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
The Coast Guard analyzed this rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Security
Risks. This rule is not an economically significant rule and does not
pose an environmental risk to health or risk to security that may
disproportionately affect children.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under figure 2-1, (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine security, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
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
0
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), 604-
1, 604-6, 160.5; Department of Homeland Security Delegation No.
0170.
0
2. From 8 p.m. through 10 p.m. on July 4, 2003, add Sec. 165.T01-069
to read as follows:
Sec. 165.T01-069 Safety Zone: Tribute to the Troops, 4th of July
Fireworks, Salem, Massachusetts.
(a) Location. The following area is a safety zone: All waters of
Salem Harbor in a 400-yard radius of the fireworks launch site located
on Derby Wharf located at position 42[deg]31'04.5'' N, 70[deg]53'05''
W.
(b) Enforcement period. This section will be enforced from 8 p.m.
until 10 p.m. on July 4, 2003.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within this zone will
be prohibited unless authorized by the Captain of the Port Boston.
(2) All vessel operators shall comply with the instructions of the
COTP or the designated on-scene Coast Guard patrol personnel. On-scene
Coast Guard patrol personnel include commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, state, and federal law enforcement vessels.
Dated: June 18, 2003.
Brian M. Salerno,
Captain, Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 03-16966 Filed 7-3-03; 8:45 am]
BILLING CODE 4910-15-U