[Federal Register Volume 72, Number 111 (Monday, June 11, 2007)]
[Rules and Regulations]
[Pages 32006-32008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11173]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-07-008]
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 on August 5, 2007, temporarily closing 
all navigable waters of Beverly Harbor within a five hundred (500) yard 
radius of the fireworks barge located at approximate position 
42[deg]32.650' N, 070[deg]51.980' W. The safety zone is necessary to 
protect the life and property of 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.

DATES: This rule is effective from 8:30 p.m. EDT on August 5, 2007 
until 11:30 p.m. EDT on August 5, 2007.

ADDRESSES: 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 CGD01-07-008 and are available for inspection or 
copying at Sector Boston, 427 Commercial Street, Boston, MA between the 
hours of 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer Joseph Yonker, Sector 
Boston, Waterways Management Division, at (617) 223-5007.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On April 16, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Beverly Homecoming Fireworks, Beverly 
Harbor, MA'' in the Federal Register (72 FR 18931). We did not receive 
any letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    This rule establishes a safety zone on the navigable waters of 
Beverly Harbor within a 500 yard radius around the fireworks barge 
located at approximate position 42[deg]32.650' N, 070[deg]51.980' W. 
The safety zone is in effect from 8:30 p.m. EDT until 11:30 p.m. EDT on 
August 5, 2007.
    The safety zone temporarily restricts movement within this 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 zone during the effective period. The Captain of the 
Port does not anticipate any negative impact on vessel traffic due to 
the event. Public notifications will be made prior to the effective 
period via marine information broadcasts and Local Notice to Mariners.

Discussion of Comments and Changes

    The Coast Guard did not receive any comments from the public in 
response to the NPRM and as a result, no changes have been made to this 
temporary final rule.

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 32007]]

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 of the regulatory 
policies and procedures of DHS is unnecessary.
    Although this rule prevents vessel traffic from transiting a 
portion of Beverly Harbor during the effective period, the effects of 
this regulation will not be significant for several reasons: Vessels 
will be excluded from the proscribed area for three hours, vessels will 
be able to operate in the majority of Marblehead 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 
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. EDT until 11:30 
p.m. EDT on August 5, 2007.
    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 three hours, vessel traffic can safely 
pass around the 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 (Pub. L. 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). 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 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 State, local or tribal governments, 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.

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 pose 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 standard.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D

[[Page 32008]]

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. 4321-4370f), and have concluded 
that there are no factors in this case that would limit the use of a 
categorical exclusion under 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 to deal with an emergency situation and that 
safety zone would be in effect for only three hours.
    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. 701; 50 U.S.C. 191; 
33 CFR 1.05-1, 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.T01-008 to read as follows:


Sec.  165.T01-008  Safety Zone; Beverly Homecoming Fireworks, Beverly 
Harbor, Massachusetts.

    (a) Location. The following area is a safety zone:
    All navigable waters of Beverly Harbor within a 500 yard radius of 
the fireworks barge located at approximate position 42[deg]32.650' N, 
070[deg]51.980' W.
    (b) Effective Date. This section is effective from 8:30 p.m. EDT 
until 11:30 p.m. EDT on August 5, 2007.
    (c) Definitions. (1) 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).
    (2) [Reserved].
    (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 on 
VHF Channel 16 (156.8 MHz) to seek permission to do so. If permission 
is granted, vessel operators must comply with all directions given to 
them by the COTP or the COTP's designated representative.

    Dated: May 31, 2007.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. E7-11173 Filed 6-8-07; 8:45 am]
BILLING CODE 4910-15-P