[Federal Register Volume 73, Number 152 (Wednesday, August 6, 2008)]
[Rules and Regulations]
[Pages 45617-45620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18076]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0349]
RIN 1625-AA00


Safety Zone; Fireworks, Beverly, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is creating a temporary safety zone for a 
fireworks event being held in Beverly, Massachusetts. This safety zone 
will last for the limited duration of the fireworks. The zone is 
necessary to protect spectators, participants, and vessels from the 
hazards associated with fireworks displays.

[[Page 45618]]


DATES: This rule is effective from 9 p.m. through 11 p.m. on August 10, 
2008.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0349 and are available online at http://www.regulations.gov. This material is also available for inspection or 
copying at two locations: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and the U.S. 
Coast Guard Sector Boston, 427 Commercial St., Boston, MA 02109 between 
7 a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Chief Petty Officer Eldridge McFadden at 617-223-5160. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On June 4, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zones; Fireworks, Central and Northern 
Massachusetts in the Federal Register (73 FR 31785). We received no 
letters commenting on the proposed rule. No public meeting was 
requested, and none was held. 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. This rule must be in 
effect on August 10, 2008, in order to protect the public from the 
dangers associated with fireworks displays. Any delay in the 
regulation's effective date could expose the public to unnecessary 
danger and therefore be contrary to the public's interest.

Background and Purpose

    A Notice of Proposed Rulemaking was published on June 4, 2008 (73 
FR 31785), proposing the establishment of six safety zones around 
various fireworks displays on or near navigable waterways in 
Massachusetts this summer. At this time, five of those events have 
already occurred. This temporary rule establishes a safety zone 
surrounding the remaining fireworks event as described in the NPRM. The 
zone will protect the maritime public from the dangers inherent in 
waterborne fireworks displays. The Captain of the Port does not 
anticipate any negative impact on vessel traffic due to implementation 
of these temporary safety zones. Public notifications will be made 
prior to the effective period of the zone via Broadcast and Local 
Notice to Mariners.

Discussion of Comments and Changes

    No comments were made. However, the following changes were made to 
the original regulatory text proposed by the Notice of Proposed 
Rulemaking published on June 4, 2008 (73 FR 31785): Items (a)(2) 
through (a)(6) were removed as the events have occurred.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    No comments were made. However, the following changes were made to 
the original regulatory text proposed by the Notice of Proposed 
Rulemaking published on June 4, 2008 (73 FR 31785): Items (a)(2) 
through (a)(6) were removed as the events have occurred.

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 would affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in the affected portion of the coastal waterways of 
Massachusetts between 9 p.m. and 11 p.m. on August 10, 2008.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule would be in effect for only two hours, vessel traffic can navigate 
around the safety zone during the effective period, and advance 
notification via broadcast notice to mariners and Local Notice to 
Mariners will be made before and during the effective period.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.
    No comments were made. However, the following changes were made to 
the original regulatory text proposed by the Notice of Proposed 
Rulemaking published on June 4, 2008 (73 FR 31785): Items (a)(2) 
through (a)(6) were removed as the events have occurred.

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

[[Page 45619]]

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. No comments were made. However, the following changes were 
made to the original regulatory text proposed by the Notice of Proposed 
Rulemaking published on June 4, 2008 (73 FR 31785): Items (a)(2) 
through (a)(6) were removed as the events have occurred.

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. No comments were made. However, the following changes were made 
to the original regulatory text proposed by the Notice of Proposed 
Rulemaking published on June 4, 2008 (73 FR 31785): Items (a)(2) 
through (a)(6) were removed as the events have occurred.

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. No comments were 
made. However, the following changes were made to the original 
regulatory text proposed by the Notice of Proposed Rulemaking published 
on June 4, 2008 (73 FR 31785): Items (a)(2) through (a)(6) were removed 
as the events have occurred.

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. No comments were made. However, the 
following changes were made to the original regulatory text proposed by 
the Notice of Proposed Rulemaking published on June 4, 2008 (73 FR 
31785): Items (a)(2) through (a)(6) were removed as the events have 
occurred.

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. No comments were 
made. However, the following changes were made to the original 
regulatory text proposed by the Notice of Proposed Rulemaking published 
on June 4, 2008 (73 FR 31785): Items (a)(2) through (a)(6) were removed 
as the events have occurred.

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. 4321-4370f), and have concluded, 
under the instruction, 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.
    A final environmental analysis checklist 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, and 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, 3306, 
3703; 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 Sec.  165.T01-0349 to read as follows:


Sec.  165.T01-0349  Safety Zone; Fireworks, Beverly, MA.

    (a) Location. The following waterborne fireworks events include 
safety zones as described herein: (1) Beverly Homecoming Fireworks 
Event, Beverly, MA.
    (i) All waters of Beverly Harbor, from surface to bottom, within a 
200-yard radius of the fireworks barge located at approximate position 
42[deg]32'37'' N, 070[deg]52'09'' W. These coordinates are based upon 
NAD83 datum.
    (ii) Effective Date. This rule will be effective from 9 p.m. 
through 11 p.m. on August 10, 2008.
    (b) Definition: As used in this section, designated representative 
means any Coast Guard commissioned, warrant, or petty officer, or any 
Federal, State, or local law enforcement officer authorized to enforce 
this regulation on behalf of the Coast Guard Captain of the Port 
(COTP).
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into or remaining in the safety 
zones described in paragraph (a) of this section is prohibited unless 
authorized by the Coast Guard Captain of the Port (COTP) Boston, or the 
COTP's designated representative.
    (2) Persons desiring to transit within the safety zones established 
in this section may contact the Captain of the

[[Page 45620]]

Port at telephone number 617-223-3008 or via on-scene patrol personnel 
on VHF channel 16 to seek permission to do so. If permission is 
granted, all persons and vessels must comply with the instructions of 
the Captain of the Port or his or her designated representative.

    Dated: July 24, 2008.
Claudia C. Gelzer,
Commander, U.S. Coast Guard, Acting Captain of the Port Boston, 
Massachusetts.
[FR Doc. E8-18076 Filed 8-5-08; 8:45 am]
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