[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Proposed Rules]
[Pages 25505-25507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9532]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-05-041]
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 in Beverly, Massachusetts. This 
safety zone is necessary to protect the life and property of the 
maritime public from potential hazards associated with a fireworks 
display. The safety zone would temporarily prohibit entry into or 
movement within this portion of Beverly Harbor during the closure 
period.

DATES: Comments and related material must reach the Coast Guard on or 
before June 13, 2005.

ADDRESSES: You may mail comments and related material to Coast Guard 
Sector Boston, 427 Commercial Street, Boston, MA 02109. Sector 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 are part of docket CGD01-05-
041 and are available for inspection or copying at Sector Boston, 427 
Commercial Street, Boston, MA, between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Paul English, 
Sector Boston, Waterways Safety and Response Division, at (617) 223-
3010.

SUPPLEMENTARY INFORMATION:

Request for Comments

    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 (CGD01-05-
041), 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 
that your submission 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 now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Sector Boston at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    This rule proposes to establish a safety zone in Beverly Harbor 
within a 400-yard radius of the fireworks barge located at approximate 
position 42[deg]32'35'' N, 070[deg]52'00'' W. The safety zone would be 
in effect from 8 p.m. until 10:30 p.m. EDT on August 7, 2005.
    The safety zone would temporarily restrict movement within the 
effected portion of Beverly Harbor and is needed to protect the 
maritime public from the dangers posed by a fireworks display. Marine 
traffic may transit safely outside of the safety zone during the 
effective period. 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 of this 
proposed rule via safety marine information broadcasts and Local Notice 
to Mariners.

Discussion of Proposed Rule

    The Coast Guard is establishing a temporary safety zone in Beverly 
Harbor, Beverly, Massachusetts. The safety zone would be in effect from 
8 p.m. until 10:30 p.m. EDT on August 7, 2005. Marine traffic may 
transit safely outside of the safety zone in the majority of Beverly 
Harbor during the event. This safety zone will control vessel traffic 
during the fireworks display to protect the safety of the maritime 
public.
    Due to the limited timeframe of the fireworks display and because 
the zone leaves the majority of Beverly 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 proposed 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 proposed rule 
to be so minimal 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 Beverly Harbor during the effective period, the effects of this rule 
will not be significant for several reasons: vessels will only be 
excluded from the proscribed area for two and one half hours, vessels 
will be able to operate in the majority of Beverly 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), we have 
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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed 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 effected portion of Beverly Harbor 
from 8 p.m. until 10:30 p.m. EDT on August 7, 2005.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: this 
proposed rule would be in effect for only two and one half hours, 
vessel traffic can safely pass around the safety zone during the 
effected period, and advance notifications will be made to the local 
maritime community by marine

[[Page 25506]]

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 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 (Pub. L. 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 Paul English 
at the address listed under ADDRESSES. 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 proposed 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 proposed 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 or more in any 
one year. Though this proposed rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule will 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

    We have 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 
create 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, 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that 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 is categorically excluded, under 
figure 2-1, paragraph (34)(g) of the Instruction, from further 
environmental documentation. A preliminary ``Environmental Analysis 
Check List'' is available in the docket where indicated under 
ADDRESSES. This rule fits the category selected from paragraph (34)(g), 
as it would establish a safety zone. Comments on this section will be 
considered before we make the final decision on whether to 
categorically exclude this rule from further environmental review.

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:

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. 1226, 1231; 46 U.S.C. Chapter 701; 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.

    2. From 8 p.m. until 10:30 p.m. on August 7, 2005, add temporary 
Sec.  165.T01-041 to read as follows:


Sec.  165.T01-041  Safety Zone; Beverly Homecoming Fireworks, Beverly, 
Massachusetts.

    (a) Location. The following area is a safety zone:
    All waters of Beverly Harbor in a 400-yard radius of the fireworks 
barge located at approximate position 42[deg]032'035'' N, 
070[deg]052'000'' W.

[[Page 25507]]

    (b) Effective date. This section is effective from 8 p.m. until 
10:30 p.m. EDT on August 7, 2005.
    (c) Regulations.
    (1) In accordance with the general regulations in section 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: May 3, 2005.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 05-9532 Filed 5-12-05; 8:45 am]
BILLING CODE 4910-15-P