[Federal Register: May 13, 2005 (Volume 70, Number 92)]
[Proposed Rules]
[Page 25507-25509]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my05-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD1-05-039]
RIN 1625-AA00
Safety Zone; Town of Marblehead Fourth of July Fireworks Display,
Marblehead Harbor, MA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishing a temporary safety zone
for the Town of Marblehead Fourth of July Fireworks. This safety zone
is necessary to protect the life and property of the maritime public
from the potential hazards associated with a fireworks display. The
safety zone would temporarily prohibit entry into or movement within
this portion of Marblehead 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 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 CGD01-05-039 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-
039), 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 rule proposes to establish a safety zone on the waters of
Marblehead Harbor within a 400-yard radius of the fireworks barge
located at approximate position 42[deg]30'.548'' N, 070[deg]50'.098''
W. The safety zone would be in effect from 8:30 p.m. until 10 p.m. on
July 4, 2005. The rain date for the fireworks event is from 8:30 p.m.
until 10 p.m. EDT on July 5, 2005.
The safety zone would temporarily restrict movement within this
effected portion of Marblehead Harbor and is needed to protect the
maritime public from the dangers posed by a fireworks display. Marine
traffic may transit safely outside 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
Marblehead Harbor, Marblehead, Massachusetts. The safety zone would be
in effect from 8:30 p.m. until 10 p.m. on July 4, 2005, with a Rain
date of 8:30 p.m. until 10 p.m. EDT on July 5, 2005. Marine traffic may
transit safely outside of the safety zone in the majority of Marblehead
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 time frame of the firework display, 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 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 be
excluded from the proscribed area for only one and one half hours, 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 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
[[Page 25508]]
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 the affected portion of Marblehead
Harbor from 8:30 p.m. EDT July 4, 2005 to 10 p.m. EDT on July 4, 2005
or during the same hours on July 5.
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 one and one half hours,
vessel traffic can safely pass around the safety zone during the
affected period, and advance notification via safely 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 (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, 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 proposed 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 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 would 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
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; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
[[Page 25509]]
2. From 8:30 p.m. until 10 p.m. on July 4, 2005, add temporary
Sec. 165.T01-039 to read as follows:
Sec. 165.T01-039 Safety Zone; Town of Marblehead Fourth of July
Fireworks Display, Marblehead, Massachusetts
(a) Location. The following area is a safety zone: All waters of
Marblehead Harbor within a 400-yard radius of the fireworks barge
located at approximate position 42[deg]30'548'' N, 070[deg]50'098'' W.
(b) Effective date. This section is effective from 8:30 p.m. until
10 p.m. EDT on July 4, 2005, with a rain date of 8:30 p.m. until 10
p.m. EDT on July 5, 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. 05-9533 Filed 5-12-05; 8:45 am]
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