[Federal Register: June 20, 2007 (Volume 72, Number 118)]
[Rules and Regulations]
[Page 33886-33888]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn07-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-07-043]
RIN 1625-AA00
Safety Zone: Sand and Sea Festival Fireworks Display, Salisbury,
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 Salisbury Chamber of Commerce and Salisbury Boardwalk Partnership
Inc. July Fireworks on June 30, 2007, temporarily closing all navigable
waters off of Salisbury Beach with in a five hundred (500) yard radius
of the fireworks display located at approximate position 42[deg]50.12''
N, 070[deg]45.64'' W. 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 temporarily prohibits entry into
or movement within this portion off of Salisbury Beach during its
closure period.
DATES: This rule is effective from 9:30 p.m. EDT on June 30, 2007
until 11:15 p.m. EDT on June 30, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-07-043 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: Petty Officer Joseph Yonker, Sector
Boston, Waterways Management Division, at (617) 223-5007.
SUPPLEMENTARY INFORMATION:
Regulatory History
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. As the fireworks display is scheduled to occur on June 30,
2007, any delay encountered in the 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 water off of Salisbury
Beach during the fireworks display thus ensuring that the maritime
public is protected from any potential harm associated with such an
event. Accordingly, under 5 U.S.C. 553(b)(B), the Coast Guard finds
that good cause exists for not publishing an NPRM.
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.
Background and Purpose
This rule establishes a safety zone on the navigable waters off of
Salisbury Beach within a 500 yard radius around the fireworks display
located at approximate position 42[deg]50.312' N, 070[deg]45.64' W. The
safety zone is in effect from 9:30 p.m. EDT until 11:15 p.m. EDT on
June 30, 2007.
The safety zone temporarily restricts movement within this portion
of water off of Salisbury Beach is needed to protect the maritime
public from the dangers posed by a 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 the event. Public notifications will be made prior to
the effective period via marine information broadcasts and Local Notice
to Mariners.
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.
The Coast Guard expects the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under of the regulatory
policies and procedures of DHS is unnecessary.
Although this rule prevents vessel traffic from transiting a
portion of the area off of Salisbury Beach during the effective period,
the effects of this regulation will not be significant for several
reasons: Vessels will be excluded from the proscribed area for one hour
and forty-five minutes, vessels will be able to operate in the majority
of the area off of Salisbury Beach 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
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 or operators of vessels intending to transit
or anchor in a portion off of Salisbury Beach from 9:30 p.m. EDT until
11:15 p.m. EDT on June 30, 2007.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be in effect for only one hour and forty-five minutes, vessel
traffic can safely pass around the zone, and advance notifications will
be made to the local maritime community by marine information
broadcasts 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),
[[Page 33887]]
we offered to assist small entities in understanding the rule so that
they could better evaluate its effects on them and participate in the
rulemaking process.
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). 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 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 State, local or tribal governments, 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 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 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 pose 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 M16475.1D
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. 4321-4370f), 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, 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 would
establish a safety zone that will be in effect for only one hour and
forty-five minutes.
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. 701; 50 U.S.C. 191;
33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat.
2064; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T01-043 to read as follows:
Sec. 165.T01-043 Safety Zone; Sand and Sea Festival Fireworks
Dispaly, Salisbury, Massachusetts
(a) Location. The following area is a safety zone: All navigable
waters off of Salisbury Beach within a 500 yard radius of the fireworks
barge located at approximate position 42[deg] 50.12' N, 070[deg] 45.64'
W.
(b) Effective Date. This section is effective from 9:30 p.m. EDT
until 11:15 p.m. EDT on June 30, 2007.
(c) Definitions. 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).
(d) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into or movement within this zone by any
person or vessel is prohibited unless authorized by the
[[Page 33888]]
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 on
VHF Channel 16 (156.8 MHz) to seek permission to do so. If permission
is granted, vessel operators must comply with all directions given to
them by the COTP or the COTP's designated representative.
Dated: May 25, 2007.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port Boston, Massachusetts.
[FR Doc. E7-11856 Filed 6-19-07; 8:45 am]
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