[Federal Register Volume 74, Number 125 (Wednesday, July 1, 2009)]
[Rules and Regulations]
[Pages 31351-31354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15602]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG-2009-0422]
RIN 1625-AA08, 1625-AA00
Safety Zones: Summer 2009 Fireworks, Coastal Massachusetts
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is suspending several special local
regulations and establishing temporary safety zones in various
communities along the central and northern coastline of Massachusetts.
These safety zones will last for the limited duration of the fireworks.
The zones are necessary to protect spectators, participants, and
vessels from the hazards associated with fireworks displays.
DATES: This rule is effective from June 27, 2009 through September 5,
2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0422 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0422
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at the following location: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign Marie Haywood, U.S. Coast Guard,
Sector Boston, Waterways Management Division; telephone 617-223-5160,
e-mail [email protected]. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard was not notified of
these events with adequate time to publish a NPRM, for fireworks
displays that scheduled to occur on various dates between June 27, 2009
and September 05, 2009. Any delay encountered in the regulation's
effective date would be contrary to the public interest, since the
safety zones are needed to prevent traffic from transiting a portion of
the coastal waters of Massachusetts during the fireworks displays thus
ensuring that the maritime public is protected from any potential harm
associated with such an event.
For the same reason above, 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.
Background and Purpose
Various Massachusetts coastal cities are having fireworks displays
on or near navigable waterways this summer.
In order to maintain continuity between the regulations for
fireworks events established in 33 CFR 100.114 and the rain dates
requested for the same events this year, this temporary rule suspends
several special local regulations entries in 33 CFR PART 100.114
FIREWORKS DISPLAY TABLE. It also establishes temporary safety zones
surrounding the events as described in the List of Subjects. The
proposed zones will protect the maritime public from the dangers
inherent in waterborne fireworks displays. The Captain of the Port does
not anticipate any negative impact on vessel traffic due to
implementation of these temporary safety zones. Public notifications
will be made prior to the effective period of each proposed zone via
Broadcast and Local Notice to Mariners.
Discussion of Rule
The Coast Guard is establishing temporary safety zones in various
coastal waterways throughout central and northern Massachusetts. The
safety zones will be in effect for the times listed in the List of
Subjects. Marine traffic will only be restricted from a portion of the
waterway as stated in the List of Subjects to protect the safety of the
maritime public. Due to the limited time frame of the fireworks
display, the Captain of the Port anticipates minimal negative impact on
vessel traffic due to this event. Public notifications will be made
prior to the effective period via local and broadcast notice to
mariners.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory
[[Page 31352]]
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.
This is not a significant regulatory action because the Coast Guard
does not anticipate any negative impact on vessel traffic due to
implementation of these temporary safety zones and marine traffic will
only be restricted from a portion of the waterway. Public notifications
will be made prior to the effective period of each proposed zone via
Broadcast 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 proposed rule would affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit or anchor in the effected portion of the coastal
waterways of Massachusetts at the times and places listed in the ``List
of Subjects'' section. These safety zones would not have a significant
economic impact on a substantial number of small entities for the
following reasons: This proposed rule would be in effect for up to
three hours, vessel traffic can safely pass around the safety zone
during the effected period, and advance notification via broadcast
notice to mariners and Local Notice to Mariners will be made before and
during the effective period.
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 can 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 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 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 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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, 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
this action is one of a
[[Page 31353]]
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This rule is categorically
excluded, under figure 2-1, paragraph (34)(g.), of the Instruction.
This rule involves the establishment of safety zone of limited
duration. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
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 parts 100 and 165 as follows:
PART 100--MARINE EVENTS AND REGATTAS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1.
0
2. Suspend the following entries in Sec. 100.114(a) FIREWORKS DISPLAY
TABLE from June 27, 2009 through September 5, 2009:
0
(a) 7.7
0
(b) 7.8
0
(c) 7.10
0
(d) 7.18
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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
4. Add Sec. 165.T01-0422 to read:
Sec. 165T.01-0422 Summer 2009 Fireworks, Coastal Massachusetts.
(a) Location. The following waterborne fireworks events include
safety zones as described herein:
(1) Hingham 4th of July Fireworks
Sponsor: Hingham Lions Club.
Enforcement Date: 8 to 10 p.m. on July 3, 2009; if postponed, July
5, 2009 at the same times.
Regulated area: Hingham Bay, Hingham, MA. The area within a 200
yard radius of the beach on Button Island at the approximate position
42[deg]15'04'' N, 070[deg]53'02'' W.
(2) Weymouth 4th of July Fireworks.
Sponsor: Town of Weymouth 4th of July Committee
Enforcement Date: 9 p.m. to 10:45 p.m. on July 3, 2009; if
postponed, July 5, 2009 at the same times.
Regulated area: Weymouth Fore River, Weymouth, MA. All waters
surface to bottom extending out in a 500 yard radius of the approximate
location 42[deg]15'30'' N, 070[deg]56'06'' W.
(3) Boston Pops Fireworks
Sponsor: Boston 4 Celebrations.
Enforcement Date: 8:30 p.m. through 11:30 p.m. on July 4, 2009; if
postponed, July 5, 2009 at the same times.
Regulated area: Charles River, Boston, MA. All waters from surface
to bottom, within a 400 yard radius of the fireworks barges located in
the vicinity of 42[deg]21'26'' N, 71[deg]05'02'' W.
(4) Marblehead 4th of July Fireworks
Sponsor: Town of Marblehead.
Enforcement Date: 8:30 p.m. until 10 p.m. on July 4, 2009; if
postponed, July 5, 2009 at the same times.
Regulated area: Marblehead Harbor, Marblehead, MA. All waters from
surface to bottom, within a 200 yard radius of the fireworks launch
site located in Marblehead Harbor at approximate position
42[deg]30'34'' N, 070[deg]50'9'' W.
(5) Salem 4th of July Fireworks
Sponsor: City of Salem.
Date: 9 p.m. until 10:15 p.m. on July 4, 2009; if postponed, July
5, 2009 at the same times.
Regulated area: Salem Harbor, Salem, MA. All waters of Salem
Harbor, from surface to bottom, within a 100 yard radius of the
fireworks launch site located on Derby Wharf approximate position
42[deg]31'8.7'' N, 70[deg]53'8'' W.
(6) New England Sand Sculpting Festival Fireworks
Sponsor: Town of Revere.
Enforcement Date: 9 p.m. to 11 p.m. on July 18, 2009; if postponed,
July 19, 2009 at the same times.
Regulated area: All waters of Broad Sound, from surface to bottom,
within a 300 yard radius of the fireworks launch site located at Revere
Beach at approximate position 42[deg]24'30'' N, 070[deg]59'26'' W.
(7) City of Lynn 4th of July Fireworks
Sponsor: City of Lynn.
Enforcement Date: 6 p.m. through 11 p.m. on July 3, 2009; if
postponed, July 5, 2009 at the same times.
Regulated area: All waters of Nahant Bay, from surface to bottom,
within a 200 yard radius of the fireworks barge located at approximate
location 42[deg]27'37'' N, 070[deg]55'35'' W.
(8) Nahant 4th of July Fireworks
Sponsor: Town of Nahant.
Enforcement Date: 9 p.m. until 11 p.m. on July 4, 2009; if
postponed, July 5, 2009 at the same times.
Regulated area: The area of Nahant Harbor within a 200 yard radius
of the fireworks launch site on Bailey's Hill Park located at
approximate position 42[deg]25'6'' N, 070[deg]55'48'' W.
(9) Celebrate Revere Fireworks
Sponsor: Town of Revere.
Enforcement Date: 9 p.m. to 11 p.m. on August 15, 2009; if
postponed, August 16, 2009 at the same times.
Regulated area: Broad Sound, Revere, MA. All waters from surface to
bottom, within a 300 yard radius of the fireworks launch site located
at Revere Beach at approximate position 42[deg]24'30'' N,
070[deg]59'26'' W.
(10) Beverly Homecoming Fireworks
Sponsor: Beverly Harbormaster.
Enforcement Date: 9 p.m. through 11 p.m. on August 9, 2009.
Regulated area: Beverly Harbor, Beverly, MA. All waters from
surface to bottom, within a 200 yard radius of the fireworks barge
located at approximate position 42[deg]32'37'' N, 070[deg]52'09'' W.
(11) Beverly 4th of July Fireworks
Sponsor: Beverly Harbormaster.
Enforcement Date: 9 p.m. until 11 p.m. on July 4, 2009; if
postponed, July 5, 2009 at the same times.
Regulated area: Beverly Harbor, Beverly, MA. All waters from
surface to bottom, within a 200 yard radius of the fireworks barge
located at approximate position 42[deg]32'37'' N, 070[deg]52'09'' W.
(12) Surfside Fireworks
Effective Date: From June 27, 2009 through September 5, 2009.
Enforcement Date: Every Saturday evening from 9:30 p.m. through
10:30 p.m.
Regulated area: All waters of the Atlantic Ocean near Salisbury
Beach, MA from surface to bottom, within a 200 yard radius of the
fireworks barge located at 42[deg]50'36'' N, 070[deg]48'24'' W.
(b) Regulations. ``Official Patrol Vessels'' consist of any Coast
Guard, other Federal, state or local law enforcement, and any public or
sponsor-provided vessels assigned or approved by Commander, Sector
Boston, to patrol each event.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entering into, transiting through, or anchoring within these
zones is prohibited, unless authorized by the Patrol Commander.
(2) Each person in a safety zone who receives notice of a lawful
order or direction issued by an official patrol vessel shall obey the
order or direction.
(3) The Patrol Commander (PATCOM) is empowered to forbid and
control the
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movement of all vessels in the regulated area. The Patrol Commander
shall be designated by the Commander, Sector Boston; will be a U.S.
Coast Guard commissioned officer, warrant officer or petty officer to
act as the Sector Commander's official representative; and will be
located aboard the lead official patrol vessel.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port (COTP) or the COTP's
designated representative to obtain permission by calling the Sector
Boston Command Center at 617-223-5761. 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.
(5) The Patrol Commander may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
(c) All coordinates reference 1983 North American Datum (NAD83).
Dated: June 18, 2009.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. E9-15602 Filed 6-30-09; 8:45 am]
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