[Federal Register: July 7, 2003 (Volume 68, Number 129)]
[Rules and Regulations]
[Page 40171-40173]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy03-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
CGD01-03-023
RIN 1625-AA00
Safety Zone; Marblehead Fourth of July Fireworks, Marblehead, 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 Marblehead Fourth of July Fireworks on July 4, 2003, in Marblehead,
Massachusetts. The safety zone temporarily closes all waters in the
vicinity of the Marblehead Causeway in a 400-yard radius of the
fireworks barge located at position 42[deg]29'11'' N, 70[deg]51'01'' W.
The safety zone is necessary to protect the life and property of the
maritime public from the hazards posed by a fireworks display. The
safety zone will prohibit entry into or movement within this portion of
Marblehead Harbor during its effective period.
DATES: This rule is effective from 8 p.m. until 10:30 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 Management 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. Any delay encountered in
this rule's effective date would be contrary to public interest since
the safety zone is needed to prevent traffic from transiting a portion
of Marblehead Harbor, Massachusetts, during the fireworks event and to
provide for the safety of life on navigable waters. Additionally, the
rule should have a negligible impact on vessel transits due to the fact
that vessels will only be limited from the
[[Page 40172]]
area for 2 and one half hours, vessels will only be prohibited from
entering the Southern fifth of the Harbor, and vessels can still
transit in other areas in the majority of Marblehead Harbor and
Massachusetts Bay during the event.
Background and Purpose
The Marblehead Fireworks Committee is holding a fireworks display
to celebrate the July 4th holiday. This regulation establishes a safety
zone in the vicinity of the Marblehead Causeway within a 400-yard
radius of the fireworks barge located at position 42[deg]29'11'' N,
70[deg]51'01'' W. The safety zone is in effect from 8 p.m. until 10:30
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 Marblehead Harbor where an explosion and/or falling debris
hazard may exist.
Discussion of Rule
The safety zone is in effect from 8 p.m. until 10:30 p.m. July 4,
2003. Marine traffic may transit safely outside of the safety zone in
the majority of Marblehead Harbor during the event, only the Southern
fifth is encompassed by this zone.
Because of the limited time and because the zone leaves the
majority of Marblehead 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).
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 Marblehead Harbor during
the effective period, the effects of this rule will not be significant
for several reasons: vessels will only be excluded from the area of the
safety zone for 2 and one half hours, vessels will be able to operate
in the majority of the Harbor during this time, and advance
notifications will be made to the local maritime community by 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 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 the vicinity of the Marblehead Causeway 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.
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),
6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T01-023 to read as follows:
Sec. 165.T01-023 Safety Zone; Marblehead Fourth of July Fireworks--
Marblehead, Massachusetts
(a) Location. The following area is a safety zone:
[[Page 40173]]
All waters in the vicinity of the Marblehead Causeway in a 400-yard
radius of the fireworks barge located at position 42[deg]29'11'' N,
70[deg]51'01'' W.
(b) Effective date. This section is effective from 8 p.m. until
10:30 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 U.S. 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 9, 2003.
B.M. Salerno,
Captain, Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 03-16967 Filed 7-3-03; 8:45 am]
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