[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Rules and Regulations]
[Pages 44215-44217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12585]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-06-017]
RIN 1625-AA00


Safety Zone; Beverly Homecoming Fireworks, Beverly, 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 Beverly Homecoming Fireworks Display on August 6, 2006 in Beverly, 
Massachusetts, temporarily closing all waters of Beverly Harbor within 
a four hundred (400) yard radius of the fireworks barge located at 
approximate position 42[deg]33.35'' N, 070[deg]52.00'' W. This zone is 
necessary to protect the maritime public from the potential hazards 
posed by a fireworks display. The safety zone temporarily prohibits 
entry into or movement within this portion of Beverly Harbor during its 
closure period. Entry into this zone is prohibited unless authorized by 
the Captain of the Port, Boston, Massachusetts.

DATES: This rule is effective from 8:30 p.m. until 10 p.m. on August 6, 
2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-06-017 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 Management Division, at (617) 223-5456.

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 because the logistics with 
respect to the fireworks presentation were not presented to the Coast 
Guard with sufficient time to draft and publish an NPRM. 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 Beverly Harbor during the fireworks 
display and to provide for the safety of life on navigable waters.
    For the same reasons, the Coast Guard finds, under 5 U.S.C. 
553(d)(3), that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register. The zone should 
have a minimal negative impact on vessel transits in Beverly Harbor 
because vessels will be excluded from the area for only one and one 
half hours, and vessels can still operate in other areas of the harbor 
during the event.

Background and Purpose

    The City of Beverly, Massachusetts is holding a fireworks display 
in honor of the Beverly Homecoming. This rule establishes a temporary 
safety zone on the waters of Beverly Harbor within a four hundred (400) 
yard radius of the fireworks barge located at approximate position 
42[deg]33.35'' N, 070[deg]52.00'' W. This safety zone is necessary to 
protect the life and property of the maritime public from the potential 
dangers posed by this event. It will protect the public by prohibiting 
entry into or movement within the proscribed portion of Beverly Harbor 
during the 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 and during the effective period via 
safety marine information broadcasts and Local Notice to Mariners.

Discussion of Rule

    This rule is effective from 8:30 p.m. until 10 p.m. on August 6, 
2006. Marine traffic may transit safely outside of the safety zone in 
the majority of Beverly Harbor during the event. Given the limited 
time-frame of the effective period of the zone, the size of the harbor 
and the size of the zone itself, the Captain of the Port anticipates 
minimal negative impact on vessel traffic due to this event. Public 
notifications will be made prior to and during 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

[[Page 44216]]

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. Although this rule will 
prevent traffic from transiting a portion of Beverly Harbor during this 
event, the effect of this rule will not be significant for several 
reasons: vessels will be excluded from the area of the safety zone for 
only one and one half hours, although vessels will not be able to 
transit the harbor in the vicinity of the zone, they will be able to 
operate in other areas of the 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 Beverly Harbor from 8:30 p.m. until 
10 p.m. on August 6, 2006. This safety zone will not have a significant 
economic impact on a substantial number of small entities for the 
reason described under the Regulatory Evaluation section.

Assistance for Small Entities

    Under subsection 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 rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
If this rule will affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please call Chief Petty Officer 
Paul English, Sector Boston, Waterways Management Division, at (617) 
223-5456.
    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

[[Page 44217]]

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 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, 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 Sec.  165.T06-017 to read as follows:


Sec.  165.T-01-017  Safety Zone: Beverly Homecoming Fireworks, Beverly, 
MA.

    (a) Location. The following area is a safety zone: All waters of 
Beverly Harbor, from surface to bottom, within a four hundred (400) 
yard radius of the fireworks barge located at approximate position 
42[deg]33.35'' N, 070[deg]52.00'' W.
    (b) Effective Date. This rule is effective from 8:30 p.m. until 10 
p.m. on August 6, 2006.
    (c) Definitions. As used in this section Designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port (COTP).
    (d) Regulations. (1) In accordance with the general regulations in 
165.23 of this part, entry into or movement within this zone by any 
person or vessel is prohibited unless authorized by the Captain of the 
Port (COTP), Boston or the COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's designated representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zone must comply with all directions given to 
them by the COTP or the COTP's designated representative.

    Dated: July 24, 2006.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. E6-12585 Filed 8-3-06; 8:45 am]
BILLING CODE 4910-15-P