[Federal Register: June 21, 2005 (Volume 70, Number 118)]
[Rules and Regulations]
[Page 35532-35534]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn05-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-05-052]
RIN 1625-AA00
Safety Zone: Celebrate the Fourth/Salem 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 Salem Celebrate the Fourth fireworks on July 4, 2005 in Salem,
Massachusetts. The safety zone will prohibit entry into or movement
within this portion of Salem Harbor during its effective period.
DATES: This rule is effective from 8:30 p.m. EDT on July 4, 2005 to 10
p.m. EDT on July 4, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-05-052 and are available for
inspection or copying at Sector Boston, 427 Commercial Street, Boston,
MA, between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Paul English,
Sector Boston, Waterways Safety and Response Division, at (617) 223-
5750.
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. A notice of proposed
rulemaking (NPRM) was not published for this regulation because the
logistics with respect to the fireworks presentation were not
determined with sufficient time to draft and publish an NPRM.
Publishing an NPRM was impracticable; any delay
[[Page 35533]]
encountered in this regulation's effective date would be contrary to
the public interest since the safety zone is needed to prevent traffic
from transiting a portion of Salem Harbor during the fireworks event
and to provide for the safety of life on navigable waters
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay encountered in this
regulation's effective date would be contrary to public interest since
the safety zone is needed to prevent traffic from transiting a portion
of Salem Harbor during the fireworks display thus ensuring that the
maritime public is protected from any potential harm associated with
such an event. The zone should have minimal negative impact on vessel
transits due to the fact that vessels will be excluded from the area
for only 1.5 hours, and vessels will be able to transit in the majority
of Salem Harbor during the event.
Background and Purpose
This temporary rule establishes a safety zone in Salem Harbor
within a four hundred yard radius of the fireworks launch site located
on Derby Wharf.
The zone will temporarily restrict movement within this portion of
Salem Harbor and is needed to protect the maritime public from the
dangers posed by a fireworks display. Marine traffic may transit safely
outside of the zone during the effective period. The Captain of the
Port does not anticipate any negative impact on vessel traffic due to
this event. Public notifications will be made prior to the effective
period via safety marine information broadcasts and local notice to
mariners.
Discussion of Rule
The safety zone is in effect from 8:30 p.m. EDT until 10 p.m. EDT
July 4, 2005. Marine traffic may transit safely outside of the safety
zone during the event thereby allowing navigation in the majority of
Salem Harbor except the portion effected by the zone described herein.
Because of the limited time-frame of the effective period and because
the 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).
The Coast Guard expects the economic impact of this rule to be so
minimal that a full Regulatory Evaluation of the regulatory policies
and procedures of DHS is unnecessary.
Although this rule prevents traffic from transiting a portion of
Salem Harbor during the effective period, the effects of this rule will
not be significant for several reasons: Vessels will be excluded from
the area of the safety zone for only 1.5 hours, vessels will be able to
operate in the majority of Salem Harbor during the effective period 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), 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 will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in a portion of Salem Harbor from 8:30 p.m. EDT to 10 p.m.
EDT on July 4, 2005.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: this
rule will be in effect for only 1.5 hours, vessel traffic can safely
pass around the safety zone, and advance notifications will be made to
the local maritime community by marine information broadcasts and Local
Notice to Mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could 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).
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 it 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.
[[Page 35534]]
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)(g) of the Instruction, from Further environmental
documentation. This rule fits the category selected from paragraph
(34)(g), as it would establish a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measure, 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary section 165.T05-052 to read as follows:
Sec. 165.T05-052 Safety Zone: Celebrate the Fourth/Salem Fireworks--
Salem, Massachusetts.
(a) Location. The following area is a safety zone:
All waters of Salem Harbor in a four hundred yard radius of the
fireworks launch site located on Derby Wharf.
(b) Effective Date. This section is effective from 8:30 p.m. EDT
until 10 p.m. EDT on July 4, 2005.
(c) Regulations. (1) In accordance with the general regulations in
section 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, 2005.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 05-12118 Filed 6-20-05; 8:45 am]
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