[Federal Register Volume 67, Number 149 (Friday, August 2, 2002)]
[Rules and Regulations]
[Pages 50351-50353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19548]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-02-094]
RIN 2115-AA97


Safety Zone; Salem Heritage Days Fireworks, Salem, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Salem Heritage Days Fireworks, to be held on August 17, 2002, in 
Salem Harbor, Salem, MA. The safety zone will temporarily close all 
waters of Salem Harbor within a four hundred (400) yard radius of the 
fireworks barge. The possibility of firework debris entering the 
waterway necessitates the need for a safety zone to prevent any 
potential marine casualties. This rule prohibits entry into or movement 
within this portion of Salem Harbor and is needed to protect the 
maritime public from the hazards posed by a fireworks display.

DATES: This rule is effective from 9 p.m. until 10 p.m. on August 17, 
2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD01-02-094) and are available for 
inspection or copying at Marine Safety Office Boston, 455 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: Chief Petty Officer Daniel Dugery, 
Marine Safety Office Boston, Waterways Management Division, at (617) 
223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing a NPRM and for making this regulation effective in less than 
30 days after Federal Register publication. Information about this 
event was not provided to the Coast Guard until July 17, 2002, making 
it impossible to draft or publish a NPRM or a final rule 30 days in 
advance of its effective date. Any delay in implementing this rule 
would be contrary to the public interest, since immediate action is 
needed to prevent traffic from transiting a portion of Salem Harbor, 
Salem, Massachusetts, and provide for the safety of life on

[[Page 50352]]

navigable waters. Additionally, vessels will only be limited from the 
area of the safety zone for 1 hour, the zone will have negligible 
impact on vessel transits due to the fact that vessels can safely 
transit outside the zone in the majority of Salem Harbor, and vessels 
are not precluded from using any portion of the waterway except the 
safety zone area itself.

Background and Purpose

    The Town of Salem is holding a fireworks display for its Salem 
Heritage Days celebration. This rule establishes a safety zone on all 
waters in Salem Harbor within a four hundred (400) yard radius around 
the fireworks barge located at 42 deg.32'27" N, 070 deg.051'74" W (NAD 
83). The safety zone is in effect from 9 p.m. until 10 p.m. August 17, 
2002. This rule prohibits entry into or movement within this portion of 
Salem Harbor and is needed to protect the maritime public from the 
dangers posed by this event. Marine traffic may transit safely outside 
of the safety zone during the event. The Captain of the Port 
anticipates negligible impact on vessel traffic due to this event. 
Public notifications will be made prior to the effective 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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040, February 26, 1979).
    The Coast Guard expects the economic impact of this rule to be 
minimal enough that a full Regulatory Evaluation under paragraph 10e of 
the regulatory policies and procedures of DOT is unnecessary.
    Although this rule prevents traffic from transiting into a portion 
of Salem Harbor during this event, the effect of this rule will be 
negligible for several reasons: Vessels will only be restricted from 
the safety zone for 1 hour, vessels may safely transit outside of the 
safety zone without restriction, and advance notifications will be made 
to the local maritime community by marine information broadcasts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard 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 Salem Harbor from 9 p.m. until 10 
p.m. August 17, 2002. For reasons enumerated under the Regulatory 
Evaluation section above this rule will have a negligible economic 
impact on small entities.

Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard analyzed this rule under Executive Order 13132, 
Federalism, and has determined that this rule does not have 
implications for federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule would not impose an unfunded mandate.

Taking of Private Property

    This rule would 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

    The Coast Guard 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments. A rule with tribal implications has 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.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

[[Page 50353]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.


    2. From 9 p.m. until 10 p.m. on August 17, 2002, add temporary 
Sec. Sec. 165.T01-094 to read as follows:


Sec. 165.T01-094  Safety Zone; Salem Heritage Days Fireworks, Salem, 
Massachusetts.

    (a) Location. The following area is a safety zone:
    All waters of Salem Harbor within a four hundred (400) yard radius 
of the fireworks barge located in Salem Harbor, Salem, MA, at 
42 deg.32'27" N, 070 deg.051'74" W. All coordinates are North American 
Datum 1983.
    (b) Effective date. This section is effective from 9 p.m. until 10 
p.m. on August 17, 2002.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into or movement within this zone is 
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 on-scene U.S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel including commissioned, warrant, and 
petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, local, state, and federal law enforcement vessels.

    Dated: July 19, 2002.
B.M. Salerno,
Captain, U. S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-19548 Filed 8-1-02; 8:45 am]
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