[Federal Register Volume 68, Number 129 (Monday, July 7, 2003)]
[Rules and Regulations]
[Pages 40171-40173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16967]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

CGD01-03-023

RIN 1625-AA00


Safety Zone; Marblehead Fourth of July Fireworks, Marblehead, 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 Marblehead Fourth of July Fireworks on July 4, 2003, in Marblehead, 
Massachusetts. The safety zone temporarily closes all waters in the 
vicinity of the Marblehead Causeway in a 400-yard radius of the 
fireworks barge located at position 42[deg]29'11'' N, 70[deg]51'01'' W. 
The safety zone is necessary to protect the life and property of the 
maritime public from the hazards posed by a fireworks display. The 
safety zone will prohibit entry into or movement within this portion of 
Marblehead Harbor during its effective period.

DATES: This rule is effective from 8 p.m. until 10:30 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 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. Any delay encountered in 
this rule's effective date would be contrary to public interest since 
the safety zone is needed to prevent traffic from transiting a portion 
of Marblehead Harbor, Massachusetts, during the fireworks event and to 
provide for the safety of life on navigable waters. Additionally, the 
rule should have a negligible impact on vessel transits due to the fact 
that vessels will only be limited from the

[[Page 40172]]

area for 2 and one half hours, vessels will only be prohibited from 
entering the Southern fifth of the Harbor, and vessels can still 
transit in other areas in the majority of Marblehead Harbor and 
Massachusetts Bay during the event.

Background and Purpose

    The Marblehead Fireworks Committee is holding a fireworks display 
to celebrate the July 4th holiday. This regulation establishes a safety 
zone in the vicinity of the Marblehead Causeway within a 400-yard 
radius of the fireworks barge located at position 42[deg]29'11'' N, 
70[deg]51'01'' W. The safety zone is in effect from 8 p.m. until 10:30 
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 Marblehead Harbor where an explosion and/or falling debris 
hazard may exist.

Discussion of Rule

    The safety zone is in effect from 8 p.m. until 10:30 p.m. July 4, 
2003. Marine traffic may transit safely outside of the safety zone in 
the majority of Marblehead Harbor during the event, only the Southern 
fifth is encompassed by this zone.
    Because of the limited time and because the zone leaves the 
majority of Marblehead 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).
    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 Marblehead Harbor during 
the effective period, the effects of this rule will not be significant 
for several reasons: vessels will only be excluded from the area of the 
safety zone for 2 and one half hours, vessels will be able to operate 
in the majority of the Harbor during this time, and advance 
notifications 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), 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 the vicinity of the Marblehead Causeway 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.
    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), 
6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T01-023 to read as follows:


Sec.  165.T01-023  Safety Zone; Marblehead Fourth of July Fireworks--
Marblehead, Massachusetts

    (a) Location. The following area is a safety zone:

[[Page 40173]]

    All waters in the vicinity of the Marblehead Causeway in a 400-yard 
radius of the fireworks barge located at position 42[deg]29'11'' N, 
70[deg]51'01'' W.
    (b) Effective date. This section is effective from 8 p.m. until 
10:30 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 U.S. 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 9, 2003.
B.M. Salerno,
Captain, Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 03-16967 Filed 7-3-03; 8:45 am]
BILLING CODE 4910-15-U