[Federal Register: June 27, 2007 (Volume 72, Number 123)]
[Rules and Regulations]
[Page 35171-35173]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn07-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-07-073]
RIN 1625-AA00
Safety Zone: Salem Harbor Celebrates The 4th of July Fireworks--
Boston, 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 ``Salem Harbor Celebrates the 4th of July Fireworks'' display on
July 4, 2007, in Salem, Massachusetts. 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 of the Pickering
Wharf Channel during its closure period.
DATES: This rule is effective from 8:45 p.m. until 10:15 p.m. on July
4, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-07-073 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: Petty Officer Joseph Yonker, Sector
Boston, Waterways Safety and Response Division, at (617) 223-5007.
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. An NPRM was not published for
this regulation because the logistics with respect to the fireworks
presentation were not determined with sufficient time to draft and
publish an NPRM. 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 the Pickering
Wharf Channel during the fireworks display and to provide for the
safety of life on navigable waters.
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. 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 the Pickering Wharf Channel during the fireworks event thus
ensuring that the maritime public is protected from any potential harm
associated with such an event. The safety zone should have a minimal
negative impact on vessel transits in the Pickering Wharf Channel
because vessels will be excluded from the area for only one and a half
hours, and vessels can still operate in other areas of the channel
during the event.
Background and Purpose
``City of Salem'', the organization responsible for Salem
Celebrates the 4th of July, is holding a fireworks display in honor of
Independence Day. This rule establishes a temporary safety zone on the
navigable waters of the Pickering Wharf Channel within a four hundred
(400) yard radius of the fireworks launch site located at approximate
position 42[deg]31.05' N, 070[deg]52.05' W. This safety zone is
necessary to protect the maritime public from the dangers posed by this
event. It will protect the public by prohibiting entry into or movement
within the proscribed portion of the Pickering Wharf Channel during the
fireworks display.
Marine traffic may transit safely outside of the safety zone during
the enforcement period. The Captain of the Port does not anticipate any
negative impact on vessel traffic due to this event. Public
notification 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 8:45 p.m. until 10:15 p.m. on July 4,
2007. Marine traffic may transit safely outside of the safety zone in
the majority of the Pickering Wharf Channel during the event. Given the
limited time-frame of the enforcement period of the safety zone, the
size of the channel and the size of the safety zone itself, 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 enforcement 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.
Although this rule will prevent traffic from transiting a portion
of the Pickering Wharf Channel 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 one and one-half
hours, although vessels will not be able to transit the channel in the
vicinity of the safety zone, they will be able to operate in other
areas of the channel during the enforcement period; and advance
notification 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 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 the Pickering Wharf Channel from 8:45
p.m. until 10:15 p.m. on July 4, 2007. This safety zone will not have a
significant economic impact on a substantial number of small entities
for the reasons described under the Regulatory Evaluation section.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement
[[Page 35172]]
Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard wants 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 Petty Officer Joseph
Yonker, Sector Boston, Waterways Management Division, at (617) 223-
5007.
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 the rule or any policy 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 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 a 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. 4321-4370f), 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 would establish 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, 195; 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 temporary Sec. 165.T01-073 to read as follows:
Sec. 165.T01-073 Safety Zone: Salem Celebrates the 4th of July
Fireworks--Salem, Massachusetts.
(a) Location. The following area is a safety zone: All navigable
waters of the Pickering Wharf Channel within a four hundred (400) yard
radius of the fireworks launch site located at approximate position
42[deg]31.05' N, 070[deg]52.05' W.
(b) Enforcement Period. This rule is effective from 8:45 p.m. until
10:15 p.m. on July 4, 2007.
(c) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard
[[Page 35173]]
coxswain, petty officer, or other officer operating a Coast Guard
vessel authorized to act on behalf of the Captain of the Port, Boston
(COTP), and a Federal, State, and local officer designated by or
assisting the COTP.
(d) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into or movement within this safety
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 representative.
(3) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(4) 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: June 12, 2007.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. E7-12364 Filed 6-26-07; 8:45 am]
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