[Federal Register Volume 72, Number 117 (Tuesday, June 19, 2007)]
[Rules and Regulations]
[Pages 33688-33690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11750]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-07-001]
RIN 1625-AA00


Safety Zone: Town of Marblehead Fourth of July Fireworks Display, 
Marblehead Harbor, 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 Town of Marblehead Fourth of July Fireworks on July 4, 2007 with a 
rain date on July 5, 2007, in Marblehead, MA temporarily closing all 
navigable waters of Marblehead Harbor within a four hundred (400) yard 
radius of the fireworks barge located at approximate position 
42[deg]30.567' N, 070[deg]50.162' 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 Marblehead 
Harbor during its closure period.

DATES: This rule is effective from 8:30 p.m. EDT on July 4, 2007 until 
10 p.m. EDT on July 4, 2007. The rain date for the fireworks event is 
from 8:30 p.m. EDT until 10 p.m. EDT on July 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 CGD01-07-001 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; Town of Marblehead Fourth of July 
Fireworks Display, Marblehead Harbor, MA'' in the Federal Register (72 
FR 18933). We did not receive any letters commenting on the proposed 
rule. No public meeting was requested, and none was held.
    As the fireworks display is scheduled to occur on July 4, 2007, any 
delay encountered in the 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 Marblehead Harbor during the 
fireworks display thus ensuring that the maritime public is protected 
from any potential harm associated with such an event. Accordingly, 
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.

Background and Purpose

    This rule establishes a safety zone on the navigable waters of 
Marblehead Harbor within a 400 yard radius around the fireworks barge 
located at approximate position 42[deg]30.567' N, 070[deg]50.162' W. 
The safety zone is in effect from 8:30 p.m. EDT until 10 p.m. EDT on 
July 4, 2007. The rain date for the fireworks event is from 8:30 p.m. 
until 10 p.m. EDT on July 5, 2007.
    The safety zone temporarily restricts movement within this portion 
of Marblehead 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 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 Marblehead 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 only one and one half 
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 Marblehead Harbor from 8:30 p.m. EDT until 10 
p.m. EDT on July 4, 2007 or during the same hours on July 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 one and one half 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.

[[Page 33689]]

    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 
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 that will be in effect for only one and one-
half hours.

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.T01-001 to read as follows:


Sec.  165.T01-001  Safety Zone; Town of Marblehead Fourth of July 
Fireworks Display, Marblehead Harbor, Massachusetts.

    (a) Location. The following area is a safety zone: All navigable 
waters of Marblehead Harbor within a 400 yard radius of the fireworks 
barge located at approximate position 42[deg]30.567' N, 070[deg]50.162' 
W.
    (b) Effective Date. This section is effective from 8:30 p.m. until 
10 p.m. EDT on July 4, 2007, with a rain date of 8:30 p.m. until 10 
p.m. EDT on July 5, 2007.
    (c) Definitions. As used in this section, (1) 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

[[Page 33690]]

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 25, 2007.
James L. McDonald
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. E7-11750 Filed 6-18-07; 8:45 am]
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