[Federal Register Volume 71, Number 126 (Friday, June 30, 2006)]
[Rules and Regulations]
[Pages 37496-37498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10283]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-06-042]
RIN 1625-AA00


Safety Zone: Onset Fire District Fireworks Display, Onset Harbor, 
Onset, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in all 
navigable waters within a one thousand (1000) foot radius of the 
fireworks launching platform, located in Onset Harbor, Onset, 
Massachusetts on July 1, 2006. The safety zone is needed to safeguard 
the public from possible hazards associated with a fireworks display. 
Entry into this zone will be prohibited unless authorized by the 
Captain of the Port, Southeastern New England.

DATES: This rule is effective from 8:15 p.m. EDT on July 1, 2006 
through 10:30 p.m. EDT on July 1, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-06-042 and are available for 
inspection or copying at U.S. Coast Guard Sector Southeastern New 
England, East Providence Office, 20 Risho Avenue, E. Providence, RI 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Edward G. LeBlanc at Sector 
Southeastern New England, East Providence Office, (401) 435-2351.

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. Details regarding this event 
were not available to the Coast Guard in sufficient time to draft or 
publish an NPRM. Publishing an NPRM and delaying its effective date 
would be contrary to the public interest since immediate action is 
needed to close a portion of the waterway and protect the marine public 
from hazards associated with this fireworks display.
    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. The finalization of logistical 
details associated with this fireworks display were only recently 
determined. Any delay 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 Onset Harbor 
during the fireworks display thus ensuring that the maritime public is 
protected from any potential harm associated with such an event.

Background and Purpose

    This regulation establishes a safety zone in all navigable waters 
within a one thousand (1000) foot radius of the fireworks launching 
platform, located in Onset Harbor, Onset, Massachusetts in approximate 
position 41-44.34 N, 070-39.5 W, from 8:15 p.m. EDT until 10:30 p.m. 
EDT on July 1, 2006. This safety zone is needed to protect the maritime 
community from possible hazards associated with a fireworks display 
that will be launched from a platform in Onset Harbor, Onset, 
Massachusetts. No vessel may enter the safety zone without permission 
of the Captain of the Port (COTP), Southeastern New England.

Discussion of Rule

    The Town of Wareham is sponsoring a fireworks display on July 1, 
2006. During the effective period of the safety zone vessel traffic 
will be restricted in the vicinity of the fireworks event so that the 
maritime public will be protected from the potential hazards associated 
with this type of display. The safety zone will be enforced from 8:15 
p.m. EDT until 10:30 p.m. EDT on July 1, 2006. Marine traffic may 
transit safely outside the temporary zone during the event.

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

[[Page 37497]]

Order. The Office of Management and Budget has not reviewed it under 
that Order.
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full regulatory evaluation under paragraph 10e of the 
regulatory policies and procedures of DHS is unnecessary. The effect of 
this regulation will not be significant as it involves a very small 
area of Onset Harbor, Massachusetts, allowing vessel traffic to transit 
around the site, the event will be entered into the local notice to 
mariners, extensive maritime advisories will be made in advance of the 
event, and the safety zone will close this portion of the waterway for 
only two and one quarter hours.

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 and operators of vessels intending to 
transit Onset Harbor in the vicinity of the launch site during the 
fireworks show. The safety zone will not have a significant impact on a 
substantial number of small entities for the following reasons: The 
safety zone involves a very small area of Onset Harbor, allowing vessel 
traffic to transit around the site safely, the event will be entered 
into the local notice to mariners, extensive maritime advisories will 
be made in advance of the event, and the safety zone will close this 
portion of the waterway for only two and one quarter hours.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If your 
small business or organization would be affected by this rule and you 
have any questions concerning its provisions or options for compliance, 
please call Mr. Edward G. LeBlanc at (401) 435-2351. 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 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

    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 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-

[[Page 37498]]

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 establishes 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 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C 
191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Public Law 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add temporary Sec.  165.T01-042 to read as follows:


Sec.  165.T01-042  Safety Zone: Onset Fire District Fireworks Display, 
Onset Harbor, Onset, Massachusetts.

    (a) Location. The following area is a safety zone: All navigable 
waters of Onset Harbor within a one thousand (1000) foot radius of the 
fireworks launching platform, located in Onset Harbor, Onset, 
Massachusetts in approximate position 41-44.34 N, 070-39.5 W.
    (b) Effective Date. This section is effective from 8:15 p.m. EDT on 
July 1, 2006 until 10:30 p.m. EDT on July 1, 2006.
    (c) Regulations. (1) The general regulations governing safety zones 
contained in 33 CFR 165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port and the designated on-scene U.S. 
Coast Guard patrol personnel. These personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U.S. Coast Guard vessel by siren, radio, flashing light or other means, 
the operator of a vessel shall proceed as directed.

    Dated: June 19, 2006.
R.A. Nash,
Captain, U.S. Coast Guard, Captain of the Port, Sector Southeastern New 
England.
 [FR Doc. E6-10283 Filed 6-29-06; 8:45 am]
BILLING CODE 4910-15-P