[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Proposed Rules]
[Pages 40859-40860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17367]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-03-004]
RIN 1625-AA00


Safety Zone; Beverly Homecoming Fireworks--Beverly, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for the Beverly Homecoming Fireworks on August 10, 2003 in Beverly, MA. 
The safety zone would temporarily close all waters of Beverly Harbor 
within a 400-yard radius of the fireworks barge located at position 
42[deg]32'36'' N, 070[deg]51'50'' W, to ensure the safety of life and 
property during the event. This safety zone is intended to restrict 
vessels from the area encompassed by the safety zone for the duration 
of the fireworks display by prohibiting entry of vessels into or within 
this portion of Beverly Harbor during the closure period.

DATES: Comments and related material must reach the Coast Guard on or 
before August 8, 2003.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Boston, 455 Commercial Street, Boston, MA. Marine Safety Office 
Boston maintains the public docket for this rulemaking. Comments and 
material received from the public, as well as documents indicated in 
this preamble as being available in the docket, will become part of the 
docket and will be available for inspection or copying at Marine Safety 
Office Boston between 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:

Request for Information

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-03-
004), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
your comments reached us, please enclose a stamped, self addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.

Public Meeting

    We do not plan to hold a public meeting. However, you may submit a 
request for a meeting by writing to Marine Safety Office Boston at the 
address under ADDRESSES explaining why one would be beneficial. If we 
determine that a public meeting would aid this rulemaking, we will hold 
one at a time and place announced by a separate notice in the Federal 
Register.

Background and Purpose

    This regulation proposes to establish a safety zone in Beverly 
Harbor within a 400-yard radius of the fireworks barge located at an 
approximate position 42[deg]32'36'' N, 070[deg]51'50'' W. The barge 
will be anchored.
    The zone would restrict movement within this portion of Beverly 
Harbor and is needed to protect life and property of the maritime 
public from the dangers posed by a fireworks display. Marine traffic 
may transit safely outside of the safety zone during the effective 
periods. The Captain of the Port does not anticipate any negative 
impact on vessel traffic due to this event. Public notifications will 
be made prior to the effective period via safety marine information 
broadcasts and local notice to mariners.

Discussion of Proposed Rule

    The safety zone would be in effect from 8 p.m. until 11 p.m. on 
August 10, 2003.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 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

[[Page 40860]]

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 proposed rule 
to be so minimal that a full Regulatory Evaluation under the regulatory 
policies and procedures of DHS is unnecessary.
    Although this proposed regulation would prevent traffic from 
transiting a portion of Beverly Harbor during the effective periods, 
the effects of this regulation would not be significant for several 
reasons: the minimal time that vessels will be restricted from the 
area, vessels may safely transit outside of the safety zone, and 
advance notifications which will be made to the local maritime 
community by safety 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 proposed 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 a portion of Beverly Harbor on August 
10, 2003. This safety zone would not have a significant economic impact 
on a substantial number of small entities for the following reasons: 
vessel traffic can safely pass outside of the safety zone during the 
effective periods, the periods are limited in duration, and advance 
notifications which would be made to the local maritime community by 
safety marine information broadcasts and local notice to mariners.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Chief Petty Officer Daniel 
Dugery at the address listed under ADDRESSES.

Collection of Information

    This proposed 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 proposed rule under Executive Order 
13132 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 proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed 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 proposed 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 proposed 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.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, (34)(g), of 
Commandant Instruction M16475.lD, this proposed 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 safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

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

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; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add temporary section 165.T01-004 to read as follows:


Sec.  165.T01-004  Safety Zone: Beverly Homecoming Fireworks--Beverly, 
Massachusetts.

    (a) Location. The following area is a safety zone:
    All waters of Beverly Harbor within a 400-yard radius of the 
fireworks barge located at position 42[deg]32'36'' N, 070[deg]51' 50'' 
W. All coordinates are North American Datum 1983.
    (b) Effective date. This section is effective from 8 p.m. until 11 
p.m. on August 10, 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.
Brian M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 03-17367 Filed 7-8-03; 8:45 am]
BILLING CODE 4910-15-P