[Federal Register: June 30, 2006 (Volume 71, Number 126)]
[Rules and Regulations]
[Page 37496-37498]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn06-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-06-042]
RIN 1625-AA00
Safety Zone: Onset Fire District Fireworks Display, Onset Harbor,
Onset, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in all
navigable waters within a one thousand (1000) foot radius of the
fireworks launching platform, located in Onset Harbor, Onset,
Massachusetts on July 1, 2006. The safety zone is needed to safeguard
the public from possible hazards associated with a fireworks display.
Entry into this zone will be prohibited unless authorized by the
Captain of the Port, Southeastern New England.
DATES: This rule is effective from 8:15 p.m. EDT on July 1, 2006
through 10:30 p.m. EDT on July 1, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-06-042 and are available for
inspection or copying at U.S. Coast Guard Sector Southeastern New
England, East Providence Office, 20 Risho Avenue, E. Providence, RI
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Edward G. LeBlanc at Sector
Southeastern New England, East Providence Office, (401) 435-2351.
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. Details regarding this event
were not available to the Coast Guard in sufficient time to draft or
publish an NPRM. Publishing an NPRM and delaying its effective date
would be contrary to the public interest since immediate action is
needed to close a portion of the waterway and protect the marine public
from hazards associated with this fireworks display.
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. The finalization of logistical
details associated with this fireworks display were only recently
determined. Any delay 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 Onset Harbor
during the fireworks display thus ensuring that the maritime public is
protected from any potential harm associated with such an event.
Background and Purpose
This regulation establishes a safety zone in all navigable waters
within a one thousand (1000) foot radius of the fireworks launching
platform, located in Onset Harbor, Onset, Massachusetts in approximate
position 41-44.34 N, 070-39.5 W, from 8:15 p.m. EDT until 10:30 p.m.
EDT on July 1, 2006. This safety zone is needed to protect the maritime
community from possible hazards associated with a fireworks display
that will be launched from a platform in Onset Harbor, Onset,
Massachusetts. No vessel may enter the safety zone without permission
of the Captain of the Port (COTP), Southeastern New England.
Discussion of Rule
The Town of Wareham is sponsoring a fireworks display on July 1,
2006. During the effective period of the safety zone vessel traffic
will be restricted in the vicinity of the fireworks event so that the
maritime public will be protected from the potential hazards associated
with this type of display. The safety zone will be enforced from 8:15
p.m. EDT until 10:30 p.m. EDT on July 1, 2006. Marine traffic may
transit safely outside the temporary zone during the event.
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
[[Page 37497]]
Order. The Office of Management and Budget has not reviewed it under
that Order.
The Coast Guard expects the economic impact of this rule to be so
minimal that a full regulatory evaluation under paragraph 10e of the
regulatory policies and procedures of DHS is unnecessary. The effect of
this regulation will not be significant as it involves a very small
area of Onset Harbor, Massachusetts, allowing vessel traffic to transit
around the site, the event will be entered into the local notice to
mariners, extensive maritime advisories will be made in advance of the
event, and the safety zone will close this portion of the waterway for
only two and one quarter hours.
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 and operators of vessels intending to
transit Onset Harbor in the vicinity of the launch site during the
fireworks show. The safety zone will not have a significant impact on a
substantial number of small entities for the following reasons: The
safety zone involves a very small area of Onset Harbor, allowing vessel
traffic to transit around the site safely, the event will be entered
into the local notice to mariners, extensive maritime advisories will
be made in advance of the event, and the safety zone will close this
portion of the waterway for only two and one quarter hours.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If your
small business or organization would be affected by this rule and you
have any questions concerning its provisions or options for compliance,
please call Mr. Edward G. LeBlanc at (401) 435-2351. 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 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
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
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-
[[Page 37498]]
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 establishes 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 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C
191; 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.
0
2. Add temporary Sec. 165.T01-042 to read as follows:
Sec. 165.T01-042 Safety Zone: Onset Fire District Fireworks Display,
Onset Harbor, Onset, Massachusetts.
(a) Location. The following area is a safety zone: All navigable
waters of Onset Harbor within a one thousand (1000) foot radius of the
fireworks launching platform, located in Onset Harbor, Onset,
Massachusetts in approximate position 41-44.34 N, 070-39.5 W.
(b) Effective Date. This section is effective from 8:15 p.m. EDT on
July 1, 2006 until 10:30 p.m. EDT on July 1, 2006.
(c) Regulations. (1) The general regulations governing safety zones
contained in 33 CFR 165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port and the designated on-scene U.S.
Coast Guard patrol personnel. These personnel include commissioned,
warrant, and petty officers of the Coast Guard. Upon being hailed by a
U.S. Coast Guard vessel by siren, radio, flashing light or other means,
the operator of a vessel shall proceed as directed.
Dated: June 19, 2006.
R.A. Nash,
Captain, U.S. Coast Guard, Captain of the Port, Sector Southeastern New
England.
[FR Doc. E6-10283 Filed 6-29-06; 8:45 am]
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