[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Rules and Regulations]
[Pages 35532-35534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12118]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-05-052]
RIN 1625-AA00


Safety Zone: Celebrate the Fourth/Salem 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 Salem Celebrate the Fourth fireworks on July 4, 2005 in Salem, 
Massachusetts. The safety zone will prohibit entry into or movement 
within this portion of Salem Harbor during its effective period.

DATES: This rule is effective from 8:30 p.m. EDT on July 4, 2005 to 10 
p.m. EDT on July 4, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-05-052 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-
5750.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. A notice of proposed 
rulemaking (NPRM) was not published for this regulation because the 
logistics with respect to the fireworks presentation were not 
determined with sufficient time to draft and publish an NPRM. 
Publishing an NPRM was impracticable; any delay

[[Page 35533]]

encountered in this regulation's effective date would be contrary to 
the public interest since the safety zone is needed to prevent traffic 
from transiting a portion of Salem Harbor during the fireworks event 
and to provide for the safety of life on navigable waters
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Any delay encountered in this 
regulation's effective date would be contrary to public interest since 
the safety zone is needed to prevent traffic from transiting a portion 
of Salem Harbor during the fireworks display thus ensuring that the 
maritime public is protected from any potential harm associated with 
such an event. The zone should have minimal negative impact on vessel 
transits due to the fact that vessels will be excluded from the area 
for only 1.5 hours, and vessels will be able to transit in the majority 
of Salem Harbor during the event.

Background and Purpose

    This temporary rule establishes a safety zone in Salem Harbor 
within a four hundred yard radius of the fireworks launch site located 
on Derby Wharf.
    The zone will temporarily restrict movement within this portion of 
Salem 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 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 via safety marine information broadcasts and local notice to 
mariners.

Discussion of Rule

    The safety zone is in effect from 8:30 p.m. EDT until 10 p.m. EDT 
July 4, 2005. Marine traffic may transit safely outside of the safety 
zone during the event thereby allowing navigation in the majority of 
Salem Harbor except the portion effected by the zone described herein. 
Because of the limited time-frame of the effective period and because 
the 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).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation of the regulatory policies 
and procedures of DHS is unnecessary.
    Although this rule prevents traffic from transiting a portion of 
Salem Harbor during the effective period, the effects of this rule will 
not be significant for several reasons: Vessels will be excluded from 
the area of the safety zone for only 1.5 hours, vessels will be able to 
operate in the majority of Salem Harbor during the effective period 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 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 8:30 p.m. EDT to 10 p.m. 
EDT on July 4, 2005.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: this 
rule will be in effect for only 1.5 hours, vessel traffic can safely 
pass around the safety zone, and advance notifications will be made to 
the local maritime community by marine information broadcasts and Local 
Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This 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 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 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 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 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.

[[Page 35534]]

Protection of Children

    We have 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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This 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 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 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, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g) of the Instruction, from Further environmental 
documentation. This rule fits the category selected from paragraph 
(34)(g), as it would establish a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measure, 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. 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.


0
2. Add temporary section 165.T05-052 to read as follows:


Sec.  165.T05-052  Safety Zone: Celebrate the Fourth/Salem Fireworks--
Salem, Massachusetts.

    (a) Location. The following area is a safety zone:
    All waters of Salem Harbor in a four hundred yard radius of the 
fireworks launch site located on Derby Wharf.
    (b) Effective Date. This section is effective from 8:30 p.m. EDT 
until 10 p.m. EDT on July 4, 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: June 9, 2005.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 05-12118 Filed 6-20-05; 8:45 am]
BILLING CODE 4910-15-P