[Federal Register: August 22, 2006 (Volume 71, Number 162)]
[Rules and Regulations]
[Page 48797-48799]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au06-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-06-070]
RIN 1625-AA00
Safety Zone; Gloucester Schooner Festival Fireworks, Gloucester
Harbor, Gloucester, 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 Gloucester Schooner Festival Fireworks display on September 2, 2006
with rain dates of September 3 or September 4, 2006 in Gloucester, MA,
temporarily closing all waters of Gloucester Harbor within a four
hundred (400) yard radius of the fireworks launch site located at Stage
Fort Park at approximate position 42[deg]36.313' N, 070[deg]40.533' W.
This zone is necessary to protect the maritime public from the
potential hazards posed by a fireworks display. The safety zone
temporarily prohibits entry into or movement within this portion of
Gloucester Harbor during its closure period, unless authorized by the
Captain of the Port, Boston or the COTP's designated representative.
DATES: This rule is effective from 8 p.m. EDT on September 2, 2006
until 10:30 p.m. EDT on September 2, 2006 with rain dates of September
3 or September 4, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-06-070 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 Management Division, at (617) 223-5456.
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 because there was insufficient
time to conduct a notice and comment rulemaking before the event. 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 Gloucester Harbor during the
fireworks display and to provide for the safety of life on navigable
waters.
For the same reasons, the Coast Guard finds, under 5 U.S.C.
553(d)(3), that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. The zone should
have a minimal negative impact on vessel transits in Gloucester Harbor
because vessels will be excluded from the area for only two and one
half hours, and vessels can still safely operate in other areas of
Gloucester Harbor during the event.
Background and Purpose
The City of Gloucester is holding a fireworks display to celebrate
the Gloucester Schooner Festival. This rule establishes a temporary
safety zone on the waters of Gloucester Harbor within a four hundred
(400) yard radius of the fireworks launch site located at Stage Fort
Park at approximate position 42[deg]36.313' N, 070[deg]40.533' W. This
safety zone is necessary to protect the life and property of the
maritime public from the potential dangers posed by this event. It will
protect the public by prohibiting entry into or movement within the
proscribed portion of Gloucester Harbor during the 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 and during the effective period via
marine information broadcasts and Local Notice to Mariners.
Discussion of Rule
This rule is effective from 8 p.m. EDT until 10:30 p.m. EDT on
September 2, 2006 with rain dates of September 3 and September 4, 2006.
Marine traffic may transit safely outside of the safety zone in the
majority of Gloucester Harbor during the event. Given the limited time-
frame of the effective period of the zone, and the actual size of the
zone compared to the amount of navigable water around it, the Captain
of the Port anticipates minimal negative impact on vessel traffic due
to this event. Public notifications will be made prior to and during
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory evaluation is unnecessary. Although this rule will
prevent traffic from transiting a portion of Gloucester Harbor during
this event, the effect of this rule will not be significant for several
reasons: Vessels will be excluded from the area of the safety zone for
only two and one half hours; although vessels will not be able to
transit the area in the vicinity of the zone, they will be able to
safely operate in other areas of Gloucester 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
[[Page 48798]]
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 Gloucester Harbor from 8 p.m. EDT
until 10:30 p.m. EDT on September 2, 2006, with rain dates of September
3 or September 4, 2006. This safety zone will not have a significant
economic impact on a substantial number of small entities for the
reason described under Regulatory Evaluation.
Assistance for Small Entities
Under subsection 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 rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
If this rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please call Chief Petty Officer
Paul English, Sector Boston, Waterways Management Division, at (617)
223-5456.
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,
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. 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, 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 48799]]
0
2. Add temporary Sec. 165.T06-070 to read as follows:
Sec. 165.T-01-070 Safety Zone: Gloucester Schooner Festival
Fireworks, Gloucester Harbor, Gloucester, MA.
(a) Location. The following area is a safety zone:
All waters of Gloucester Harbor, from surface to bottom, within a
four hundred (400) yard radius of the fireworks launch site located at
Stage Fort Park located at approximate position 42[deg]36.313' N.,
070[deg]40.533' W.
(b) Effective Date. This rule is effective from 8 p.m. EDT on
September 2, 2006 until 10:30 p.m. EDT on September 2, 2006, with rain
dates of September 3 or September 4, 2006.
(c) Definitions. (1) As used in this section, designated
representative means a Coast Guard Patrol Commander, including a Coast
Guard coxswain, petty officer, or other officer operating a Coast Guard
vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port (COTP).
(2) [Reserved]
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within this zone by
any person or vessel is prohibited unless authorized by the Captain of
the Port (COTP), Boston or the COTP's designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all directions given to
them by the COTP or the COTP's designated representative.
Dated: August 9, 2006.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. E6-13894 Filed 8-21-06; 8:45 am]
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