[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Rules and Regulations]
[Pages 49412-49414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19977]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0685]
RIN 1625-AA00
Safety Zones; Fireworks Within the Captain of the Port Sector
Boston Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary safety zones within
the Captain of the Port Sector Boston Zone for various fireworks
events. These safety zones are necessary to provide for the safety of
life on navigable waters during these fireworks events. Entering into,
transiting through, mooring or anchoring within these zones is
prohibited unless authorized by the Captain of the Port Sector Boston.
DATES: This rule is effective in the CFR on August 13, 2010 through
11:59 p.m. on September 4, 2010. This rule is effective with actual
notice for purposes of enforcement beginning at 9:30 p.m. on July 24,
2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0685 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0685 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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 MST1 David Labadie, Waterways Management
Division, Coast Guard Sector Boston; telephone (617) 223-5768, 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 did not receive
notification of the specific location or planned dates for the events
in sufficient time to issue a NPRM without delaying this rulemaking.
Delaying the effective date by first publishing a NPRM and holding a
comment period would be contrary to the rule's objectives of ensuring
safety of life on the navigable waters during these scheduled events as
immediate action is needed to protect persons and vessels from the
hazards associated with participation in these marine events.
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. In addition to the reasons stated
above, this rule is intended to ensure the safety of the event
participants, spectators and other waterway users thus any delay in the
rule's effective date would be impractical.
Basis and Purpose
This temporary rule is necessary to ensure the safety of vessels
and spectators from hazards associated with fireworks events. The
Captain of the Port Boston has determined that fireworks events in
close proximity to watercraft and waterfront structures pose a
significant risk to public safety and property. Such hazards include
obstructions to the waterway that may cause marine casualties and the
explosive danger of fireworks and debris falling into the water that
may cause death or serious bodily harm. Establishing a safety zone
around the location of these fireworks events will help ensure the
safety of persons and property and help minimize the associated risks.
The Coast Guard has ordered safety zones for these past events and
has not received public comments or concerns regarding the impact to
waterway traffic from these annual events.
Discussion of Rule
These temporary safety zones are necessary to ensure the safety of
participants, spectators, and vessels during the annual fireworks
events in the Captain of the Port Boston area of responsibility that
may pose a hazard to the public. The safety zones will be enforced
immediately before, during, and after events.
The Captain of the Port will inform the public about the details of
each fireworks event covered by these safety zones using a variety of
means, including, but is not limited to, Broadcast Notices to Mariners
and Local Notices to Mariners.
All persons and vessels shall comply with the instructions of the
Captain of the Port Boston or designated on-scene patrol personnel.
Entering into, transiting through, mooring or anchoring within the
safety zones is prohibited unless authorized by the Captain of the Port
Boston or his designated on-scene representative. The Captain of the
Port or his designated on scene representative may be contacted via VHF
Channel 16 or by telephone at (617) 223-5750.
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 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 determined that this rule is not a significant
regulatory action for the following reasons: The safety zones will be
of limited duration, they cover only a small portion of the navigable
waterways, and the events are designed to avoid, to the extent
possible, deep draft, fishing, and recreational boating traffic routes.
In addition, vessels requiring entry into the area of the safety zones
may be authorized to do so by the Captain of the Port.
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.
[[Page 49413]]
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 might
be small entities: The owners and operators of vessels intending on
entering into, transiting through, mooring or anchoring within the
safety zones during the enforcement periods stated for each event in
the List of Subjects.
These safety zones will not have a significant economic impact on a
substantial number of small entities because of the minimal amount of
time in which the safety zones will be enforced. These safety zones
will be enforced for approximately four (4) hours on a given day 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
Taking of Private Property
This rule will not cause 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 category of actions that 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 zones.
Based on our preliminary determination, 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, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. An environmental
analysis checklist and a categorical exclusion determination are
available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
[[Page 49414]]
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, 3306,
3703; 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.
0
2. Add Sec. 165.T01-0685 to read as follows:
Sec. 165.T01-0685 Safety Zones; Fireworks Within the Captain of the
Port Sector Boston Zone.
(a) General. Temporary safety zones are established for fireworks
events described in paragraphs (a)(1) through (a)(5):
(1) Surfside Fireworks, Salisbury Beach, MA
(i) 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.
(ii) Enforcement Date. This rule is effective from 9:30 p.m. on
July 24, 2010 to 11:59 p.m. on September 4, 2010. This rule will be
enforced every Saturday evening from 9:30 p.m. through 10:30 p.m.
during the effective period.
(2) Yankee Homecoming Fireworks, Newburyport, MA
(i) All waters of the Merrimack River, from surface to bottom,
within a 400-yard radius of the fireworks launch site located at
position 42[deg]48'58'' N, 070[deg]52'41'' W.
(ii) Enforcement Date. This rule will be enforced from 9 p.m. to 10
p.m. on July 31, 2010.
(3) Beverly Homecoming Fireworks, Beverly, MA
(i) All waters of Beverly Harbor from surface to bottom, within a
200-yard radius of the fireworks barge located at position
42[deg]32'37'' N, 070[deg]52'09'' W.
(ii) Enforcement Date. This rule will be enforced from 9:00 p.m. to
11:00 p.m. on August 8, 2010.
(4) Town of Revere Fireworks, Revere, MA
(i) All waters of Broad Sound, from surface to bottom, within a
300-yard radius of the fireworks launch site located at Revere Beach at
position 42[deg]24'30'' N, 070[deg]59'26'' W.
(ii) Enforcement Date. This rule will be enforced from 9:00 p.m. to
11 p.m. on August 14, 2010.
(5) Gloucester Schooner Festival Fireworks, Gloucester, MA
(i) All waters of Gloucester Harbor, from surface to bottom, within
a 500-yard radius of the launch site on the beach at location of
42[deg] 36'18'' N, 070[deg]40'32'' W.
(ii) Enforcement Date. This rule will be enforced from 7:00 p.m. to
11 p.m. on September 4, 2010.
(b) Regulations.
(1) In accordance with the general regulations in Section 165.23 of
this part, entering into, and transiting through, mooring or anchoring
within these regulated areas is prohibited unless authorized by the
Captain of the Port Boston, or his designated on-scene representative.
(2) These safety zones are closed to all vessel traffic, except as
may be permitted by the Captain of the Port Boston or his designated
on-scene representative. The Captain of the Port or his designated on-
scene representative may be contacted via VHF Channel 16 or by
telephone at (617) 223-5750.
(3) The ``on-scene representative'' of the Captain of the Port
Boston is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port Boston to act on his
behalf. The on-scene representative of the Captain of the Port Boston
will be aboard either a Coast Guard or Coast Guard Auxiliary vessel.
(4) Vessel operators given permission to enter or operate in the
safety zones must comply with all directions given to them by the
Captain of the Port or his on-scene representative.
Dated: August 2, 2010.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2010-19977 Filed 8-12-10; 8:45 am]
BILLING CODE 9110-04-P