[Federal Register: May 13, 2005 (Volume 70, Number 92)]
[Proposed Rules]
[Page 25505-25507]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my05-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-05-041]
RIN 1625-AA00
Safety Zone; Beverly Homecoming Fireworks, Beverly, 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 Beverly Homecoming Fireworks in Beverly, Massachusetts. This
safety zone is necessary to protect the life and property of the
maritime public from potential hazards associated with a fireworks
display. The safety zone would temporarily prohibit entry into or
movement within this portion of Beverly Harbor during the closure
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 Coast Guard
Sector Boston, 427 Commercial Street, Boston, MA 02109. 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-
041 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-
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 this rulemaking (CGD01-05-
041), 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 material in an unbound format, no larger than
8\1/2\ 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 will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Public Meeting
We do not now 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 rule proposes to establish a safety zone in Beverly Harbor
within a 400-yard radius of the fireworks barge located at approximate
position 42[deg]32'35'' N, 070[deg]52'00'' W. The safety zone would be
in effect from 8 p.m. until 10:30 p.m. EDT on August 7, 2005.
The safety zone would temporarily restrict movement within the
effected portion of Beverly 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 safety 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 of this
proposed rule via safety marine information broadcasts and Local Notice
to Mariners.
Discussion of Proposed Rule
The Coast Guard is establishing a temporary safety zone in Beverly
Harbor, Beverly, Massachusetts. The safety zone would be in effect from
8 p.m. until 10:30 p.m. EDT on August 7, 2005. Marine traffic may
transit safely outside of the safety zone in the majority of Beverly
Harbor during the event. This safety zone will control vessel traffic
during the fireworks display to protect the safety of the maritime
public.
Due to the limited timeframe of the fireworks display and because
the zone leaves the majority of Beverly 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 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 the regulatory
policies and procedures of DHS is unnecessary.
Although this rule will prevent traffic from transiting a portion
of Beverly Harbor during the effective period, the effects of this rule
will not be significant for several reasons: vessels will only be
excluded from the proscribed area for two and one half hours, vessels
will be able to operate in the majority of Beverly 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), 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 proposed
rule would 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 effected portion of Beverly Harbor
from 8 p.m. until 10:30 p.m. EDT on August 7, 2005.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: this
proposed rule would be in effect for only two and one half hours,
vessel traffic can safely pass around the safety zone during the
effected period, and advance notifications will be made to the local
maritime community by marine
[[Page 25506]]
information broadcasts and Local Notice to Mariners.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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 affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Chief Petty Officer Paul English
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 proposed 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 proposed 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 proposed 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 proposed 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 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
create 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 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 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 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, 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 part 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.
2. From 8 p.m. until 10:30 p.m. on August 7, 2005, add temporary
Sec. 165.T01-041 to read as follows:
Sec. 165.T01-041 Safety Zone; Beverly Homecoming Fireworks, Beverly,
Massachusetts.
(a) Location. The following area is a safety zone:
All waters of Beverly Harbor in a 400-yard radius of the fireworks
barge located at approximate position 42[deg]032'035'' N,
070[deg]052'000'' W.
[[Page 25507]]
(b) Effective date. This section is effective from 8 p.m. until
10:30 p.m. EDT on August 7, 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: May 3, 2005.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 05-9532 Filed 5-12-05; 8:45 am]
BILLING CODE 4910-15-P