[Federal Register: June 27, 2007 (Volume 72, Number 123)]
[Rules and Regulations]
[Page 35175-35177]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn07-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-07-037]
RIN 1625-AA00
Safety Zone: Independence Day Celebration Fireworks Display,
Ipswich, 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 Trustees of Reservations July Fireworks on July 4, 2007. 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 Ipswich Bay during its closure period.
DATES: This rule is effective from 8:30 p.m. on July 4, 2007 until
10:30 p.m. on July 5, 2007.
ADDRESSES: 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 CGD01-07-037 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 July 4,
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 Ipswich Bay during the
fireworks display thus ensuring that the maritime public is protected
from any potential harm associated with such an event. Additionally,
the zone should have negligible impact on vessel transits due to the
fact that vessels will be limited from the area for only two hours and
vessels can still transit in the majority of Ipswich Bay during the
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 of
Ipswich Bay within a 500-yard radius of the fireworks display located
at approximate position 42[deg]960.63' N, 070[deg]77.59' W. The safety
zone is in effect from 8:30 p.m. until 10:30 p.m. on July 4, 2007. The
rain date for the fireworks event is from 8:30 p.m. until 10:30 p.m. on
July 5, 2007.
The safety zone temporarily restricts movement within this portion
of Ipswich Bay and is needed to protect the maritime public from the
dangers posed by a 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 the event. Public notification will be made prior to the
enforcement 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.
Although this rule prevents vessel traffic from transiting a
portion of Ipswich Bay during the enforcement period, the effects of
this regulation will not be significant for several reasons: Vessels
will be excluded from the proscribed area for only two hours, vessels
will be able to operate in the majority of Ipswich Bay during the
effective 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
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 Ipswich Bay from 8:30 p.m. until 10:30 p.m.
on July 4, 2007. The rain date for the fireworks event is from 8:30
p.m. until 10:30 p.m. on July 5, 2007.
[[Page 35176]]
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 two hours, vessel traffic can safely
pass around the zone, and advance notification 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), 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.
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.T01-037 to read as follows:
Sec. 165.T01-037 Safety Zone; Independence Day Celebration Fireworks
Display, Ipswich, Massachusetts.
(a) Location. The following area is a safety zone: All navigable
waters of Ipswich Bay within a 500-yard radius of the fireworks barge
located at
[[Page 35177]]
approximate position 42[deg]960.63' N, 070[deg]77.59' W.
(b) Enforcement Period. This section will be enforced from 8:30
p.m. until 10:30 p.m. on July 4, 2007. The rain date for the fireworks
event is from 8:30 p.m. until 10:30 p.m. on July 5, 2007.
(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 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.
(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 COTP 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. E7-12371 Filed 6-26-07; 8:45 am]
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