[Federal Register: May 13, 2005 (Volume 70, Number 92)]
[Proposed Rules]
[Page 25509-25511]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my05-18]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD1-05-037]
RIN 1625-AA00
Safety Zone; City of Lynn Fourth of July Celebration, Lynn, MA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for the City of Lynn Fourth of July Celebration. The safety zone is
necessary to protect the life and property of the maritime public from
the potential hazards posed by a fireworks display. The safety zone
will prohibit entry into or movement within this portion of Nahant Bay
during its effective period.
DATES: Comments and related material must reach the Coast Guard on or
before June 13, 2005.
ADDRESSES: You may mail comments and related material to Sector Boston,
427 Commercial Street, Boston, MA. Sector Boston maintains the public
docket for this rulemaking. Comments and material received from the
public, as well as documents indicated in this preamble as being
available in the docket are part of docket CGD01-05-037 and are
available for inspection or copying at Sector Boston, 427 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 Paul English,
Sector Boston, Waterways Management Division, at (617) 223-3010.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for the rulemaking (CGD01-05-
037), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related materials in an unbound format, no larger than
8.5 by 11 inches, suitable for copying. If you would like to know that
your submission reached us, please enclose a stamped, self-addressed
postcard or envelope. We may change this proposed rule in view of them.
Public Meeting
We do not plan to hold a public meeting. But you may submit a
request for a meeting by writing to Sector Boston at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
This proposed rule establishes a safety zone on the waters of
Nahant Bay within a four hundred yard radius around the fireworks barge
located at approximate position 42[deg]27.686' N, 070[deg]55.101' W.
The safety zone would be in effect from 8:30 p.m. until 10:30 p.m. on
July 3, 2005.
This safety zone is necessary to protect the life and property of
the maritime public from the dangers posed by this event. It would
protect the public by temporarily prohibiting entry into or movement
within this portion of Nahant Bay.
Discussion of Proposed Rule
The Coast Guard proposes establishing a temporary safety zone in a
portion of Nahant Bay. The temporary safety zone would be in effect
from 8:30 p.m. EDT until 10:30 p.m. EDT on July 3, 2005. Marine traffic
may transit safely outside of the safety zone during the event, thereby
allowing navigation of Nahant Bay except for the portion delineated by
this rule. This safety zone would control vessel traffic during the
fireworks event to protect the safety of the maritime public.
Given the limited time frame of the fireworks display and because
the zone leaves the majority of Nahant Bay 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 media, local notice to mariners and
marine information broadcasts.
Regulatory Evaluation
This proposed 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 proposed rule
to be so minimal that a full Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DHS is unnecessary.
Although this regulation prevents vessel traffic from transiting
into a portion of Nahant Bay during this event, the effect of this
regulation will not be significant for several reasons: vessels will be
excluded from the area of the safety zone for only two hours, vessels
will be able to operate in the majority of Nahant Bay during this time
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), the Coast
Guard considered whether this proposed 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
[[Page 25510]]
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 proposed 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 effected portion of Nahant Bay
from 8:30 p.m. until 10:30 p.m. EDT July 3, 2005.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the reasons: Vessels traffic
can safety pass outside of the safety zone during the effective period,
the period is limited in duration, and advance notification via safety
marine informational broadcast 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 want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would effect your small business, organization, and government
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Chief Petty Officer at the
address listed under ADDRESSES. 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 would call 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 would 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 proposed 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 proposed 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
pose an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This proposed 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 proposed rule under Executive Order 13211,
Actions Considering 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 proposed 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 Coast Guard Instruction
M16475.1D, 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 2.B.2 of the Instruction.
Therefore, we believe that this rule is categorically excluded, under
figure 2-1, paragraph (34)(g) of the Instruction, from further
environmental documentation. A preliminary ``Environmental Analysis
Check List'' is available in the docket where indicated under
ADDRESSES. This rule fits the category selected from paragraph (34)(g),
as it would establish a safety zone. Comments on this section will be
considered before we make the final decision on whether to
categorically exclude this rule from further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.
[[Page 25511]]
2. From 8:30 p.m. until 10:30 p.m. on July 3, 2005, add temporary
Sec. 165.T01-037 to read as follows:
Sec. 165.T01-037 Safety Zone; City of Lynn Fourth of July
Celebration, Lynn, Massachusetts
(a) Location. The following area is a safety zone:
All waters of Nahant Bay within a 400 yard radius of the fireworks
barge site, at approximate position 42[deg]27.686' N, 070[deg]55.101'
W.
(b) Effective date. This section is effective from 8:30 p.m. until
10:30 p.m. EDT on July 3, 2005.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into or movement within this zone is
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: May 3, 2005.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port Boston, Massachusetts.
[FR Doc. 05-9531 Filed 5-12-05; 8:45 am]
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