[Federal Register Volume 68, Number 129 (Monday, July 7, 2003)]
[Rules and Regulations]
[Pages 40173-40174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16966]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-03-069]

RIN 1625-AA00


Safety Zone: Tribute to the Troops, 4th of July Fireworks, Salem, 
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 Tribute to the Troops/Fourth of July Fireworks on July 4, 2003, in 
Salem Harbor, Salem, Massachusetts, temporarily closing all waters 
around the center of Derby Wharf in Salem Harbor within a 400-yard 
radius of the fireworks launch. The safety zone is necessary to protect 
the life and property of the maritime public from the hazards posed by 
a fireworks display. Entry into or movement within this portion of 
Salem Harbor during the enforcement period is prohibited unless 
authorized by the Captain of the Port Boston, Massachusetts.

DATES: This rule is effective from 8 p.m. until 10 p.m. on July 4, 
2003.

ADDRESSES: Documents as indicated in this preamble 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 Safety and Response 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. The temporary safety zone 
is of very short duration and should have minimal impact on navigation. 
Accordingly, publishing an NPRM and delaying its effective date would 
be unnecessary and contrary to public interest since immediate action 
is needed to prevent traffic from transiting a portion of Salem Harbor, 
Massachusetts during the fireworks event and to provide for the safety 
of life on navigable waters. Additionally, the zone should have a 
negligible impact on vessel transits due to the fact that vessels can 
still transit in the majority of Salem Harbor during the event.

Background and Purpose

    The City of Salem is holding a fireworks display to honor the 
nations military troops on July 4, 2003. This regulation establishes a 
safety zone in Salem Harbor around the center of Derby Wharf within a 
400-yard radius of the fireworks launch site located at 
42[deg]31'04.5'' N, 70[deg]53'05'' W. The safety zone will be enforced 
from 8 p.m. until 10 p.m. on July 4, 2003.
    This safety zone is necessary to protect the life and property of 
the maritime public from the dangers posed by this event. It will 
protect the public by prohibiting entry into or movement within this 
portion of Salem Harbor. No vessel may enter the temporary safety zone 
without permission of the Captain of the Port Boston, Massachusetts.

Discussion of Rule

    This action is intended to restrict vessel traffic in a portion of 
Salem Harbor in the vicinity of Derby Wharf to provide for the 
protection of life and property of the maritime public. The safety zone 
will be enforced from 8 p.m. until 10 p.m. on July 4, 2003. Marine 
traffic may transit safely outside of the safety zone in the majority 
of Salem Harbor during the event.
    Because of its limited time duration and because the temporary 
safety zone leaves the majority of Salem Harbor open for navigation, 
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 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 Homeland 
Security (DHS)(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 the regulatory policies and procedures of 
DHS is unnecessary. Although this rule will prevent traffic from 
transiting a portion of Salem Harbor during the effective periods, the 
effects of this rule will not be significant for several reasons: 
Vessels will only be excluded from the area of the temporary safety 
zone for 2 hours, vessels will be able to operate in the majority of 
Salem Harbor during this time, and advance notifications will be made 
to the local maritime community via marine information broadcasts and 
Local Notice to Mariners.

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 
would not have a significant economic impact on a substantial number of 
small entities. This 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 vicinity of Derby Wharf in Salem 
Harbor on July 4, 2003. 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.

[[Page 40174]]

    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 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 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

    The Coast Guard analyzed this rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Security 
Risks. This rule is not an economically significant rule and does not 
pose an environmental risk to health or risk to security that may 
disproportionately affect children.

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine security, Navigation (water), Reporting and record 
keeping 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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 604-
1, 604-6, 160.5; Department of Homeland Security Delegation No. 
0170.


0
2. From 8 p.m. through 10 p.m. on July 4, 2003, add Sec.  165.T01-069 
to read as follows:


Sec.  165.T01-069  Safety Zone: Tribute to the Troops, 4th of July 
Fireworks, Salem, Massachusetts.

    (a) Location. The following area is a safety zone: All waters of 
Salem Harbor in a 400-yard radius of the fireworks launch site located 
on Derby Wharf located at position 42[deg]31'04.5'' N, 70[deg]53'05'' 
W.
    (b) Enforcement period. This section will be enforced from 8 p.m. 
until 10 p.m. on July 4, 2003.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into or movement within this 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 on-scene Coast Guard patrol personnel. On-scene 
Coast Guard patrol personnel include commissioned, warrant, and petty 
officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, local, state, and federal law enforcement vessels.

    Dated: June 18, 2003.
Brian M. Salerno,
Captain, Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 03-16966 Filed 7-3-03; 8:45 am]
BILLING CODE 4910-15-U