[Federal Register Volume 74, Number 125 (Wednesday, July 1, 2009)]
[Rules and Regulations]
[Pages 31351-31354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15602]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2009-0422]
RIN 1625-AA08, 1625-AA00


Safety Zones: Summer 2009 Fireworks, Coastal Massachusetts

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is suspending several special local 
regulations and establishing temporary safety zones in various 
communities along the central and northern coastline of Massachusetts. 
These safety zones will last for the limited duration of the fireworks. 
The zones are necessary to protect spectators, participants, and 
vessels from the hazards associated with fireworks displays.

DATES: This rule is effective from June 27, 2009 through September 5, 
2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0422 and are available online 
by going to http://www.regulations.gov, selecting the Advanced Docket 
Search option on the right side of the screen, inserting USCG-2009-0422 
in the Docket ID box, pressing Enter, and then clicking on the item in 
the Docket ID column. They are also available for inspection or copying 
at the following location: 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Ensign Marie Haywood, U.S. Coast Guard, 
Sector Boston, Waterways Management Division; telephone 617-223-5160, 
e-mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard was not notified of 
these events with adequate time to publish a NPRM, for fireworks 
displays that scheduled to occur on various dates between June 27, 2009 
and September 05, 2009. Any delay encountered in the regulation's 
effective date would be contrary to the public interest, since the 
safety zones are needed to prevent traffic from transiting a portion of 
the coastal waters of Massachusetts during the fireworks displays thus 
ensuring that the maritime public is protected from any potential harm 
associated with such an event.
    For the same reason above, 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

    Various Massachusetts coastal cities are having fireworks displays 
on or near navigable waterways this summer.
    In order to maintain continuity between the regulations for 
fireworks events established in 33 CFR 100.114 and the rain dates 
requested for the same events this year, this temporary rule suspends 
several special local regulations entries in 33 CFR PART 100.114 
FIREWORKS DISPLAY TABLE. It also establishes temporary safety zones 
surrounding the events as described in the List of Subjects. The 
proposed zones 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 each proposed zone via 
Broadcast and Local Notice to Mariners.

Discussion of Rule

    The Coast Guard is establishing temporary safety zones in various 
coastal waterways throughout central and northern Massachusetts. The 
safety zones will be in effect for the times listed in the List of 
Subjects. Marine traffic will only be restricted from a portion of the 
waterway as stated in the List of Subjects to protect the safety of the 
maritime public. Due to the limited time frame of the fireworks 
display, the Captain of the Port anticipates minimal negative impact on 
vessel traffic due to this event. Public notifications will be made 
prior to the effective period via local and broadcast notice to 
mariners.

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

[[Page 31352]]

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.
    This is not a significant regulatory action because the Coast Guard 
does not anticipate any negative impact on vessel traffic due to 
implementation of these temporary safety zones and marine traffic will 
only be restricted from a portion of the waterway. Public notifications 
will be made prior to the effective period of each proposed zone via 
Broadcast 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 proposed 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 effected portion of the coastal 
waterways of Massachusetts at the times and places listed in the ``List 
of Subjects'' section. These safety zones would not have a significant 
economic impact on a substantial number of small entities for the 
following reasons: This proposed rule would be in effect for up to 
three hours, vessel traffic can safely pass around the safety zone 
during the effected 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), we offer to assist small 
entities in understanding the rule so that they can 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 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 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 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
this action is one of a

[[Page 31353]]

category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This rule is categorically 
excluded, under figure 2-1, paragraph (34)(g.), of the Instruction. 
This rule involves the establishment of safety zone of limited 
duration. An environmental analysis checklist and a categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

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 parts 100 and 165 as follows:

PART 100--MARINE EVENTS AND REGATTAS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Suspend the following entries in Sec.  100.114(a) FIREWORKS DISPLAY 
TABLE from June 27, 2009 through September 5, 2009:
0
(a) 7.7
0
(b) 7.8
0
(c) 7.10
0
(d) 7.18

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. 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, 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
4. Add Sec.  165.T01-0422 to read:


Sec.  165T.01-0422  Summer 2009 Fireworks, Coastal Massachusetts.

    (a) Location. The following waterborne fireworks events include 
safety zones as described herein:
    (1) Hingham 4th of July Fireworks
    Sponsor: Hingham Lions Club.
    Enforcement Date: 8 to 10 p.m. on July 3, 2009; if postponed, July 
5, 2009 at the same times.
    Regulated area: Hingham Bay, Hingham, MA. The area within a 200 
yard radius of the beach on Button Island at the approximate position 
42[deg]15'04'' N, 070[deg]53'02'' W.
    (2) Weymouth 4th of July Fireworks.
    Sponsor: Town of Weymouth 4th of July Committee
    Enforcement Date: 9 p.m. to 10:45 p.m. on July 3, 2009; if 
postponed, July 5, 2009 at the same times.
    Regulated area: Weymouth Fore River, Weymouth, MA. All waters 
surface to bottom extending out in a 500 yard radius of the approximate 
location 42[deg]15'30'' N, 070[deg]56'06'' W.
    (3) Boston Pops Fireworks
    Sponsor: Boston 4 Celebrations.
    Enforcement Date: 8:30 p.m. through 11:30 p.m. on July 4, 2009; if 
postponed, July 5, 2009 at the same times.
    Regulated area: Charles River, Boston, MA. All waters from surface 
to bottom, within a 400 yard radius of the fireworks barges located in 
the vicinity of 42[deg]21'26'' N, 71[deg]05'02'' W.
    (4) Marblehead 4th of July Fireworks
    Sponsor: Town of Marblehead.
    Enforcement Date: 8:30 p.m. until 10 p.m. on July 4, 2009; if 
postponed, July 5, 2009 at the same times.
    Regulated area: Marblehead Harbor, Marblehead, MA. All waters from 
surface to bottom, within a 200 yard radius of the fireworks launch 
site located in Marblehead Harbor at approximate position 
42[deg]30'34'' N, 070[deg]50'9'' W.
    (5) Salem 4th of July Fireworks
    Sponsor: City of Salem.
    Date: 9 p.m. until 10:15 p.m. on July 4, 2009; if postponed, July 
5, 2009 at the same times.
    Regulated area: Salem Harbor, Salem, MA. All waters of Salem 
Harbor, from surface to bottom, within a 100 yard radius of the 
fireworks launch site located on Derby Wharf approximate position 
42[deg]31'8.7'' N, 70[deg]53'8'' W.
    (6) New England Sand Sculpting Festival Fireworks
    Sponsor: Town of Revere.
    Enforcement Date: 9 p.m. to 11 p.m. on July 18, 2009; if postponed, 
July 19, 2009 at the same times.
    Regulated area: All waters of Broad Sound, from surface to bottom, 
within a 300 yard radius of the fireworks launch site located at Revere 
Beach at approximate position 42[deg]24'30'' N, 070[deg]59'26'' W.
    (7) City of Lynn 4th of July Fireworks
    Sponsor: City of Lynn.
    Enforcement Date: 6 p.m. through 11 p.m. on July 3, 2009; if 
postponed, July 5, 2009 at the same times.
    Regulated area: All waters of Nahant Bay, from surface to bottom, 
within a 200 yard radius of the fireworks barge located at approximate 
location 42[deg]27'37'' N, 070[deg]55'35'' W.
    (8) Nahant 4th of July Fireworks
    Sponsor: Town of Nahant.
    Enforcement Date: 9 p.m. until 11 p.m. on July 4, 2009; if 
postponed, July 5, 2009 at the same times.
    Regulated area: The area of Nahant Harbor within a 200 yard radius 
of the fireworks launch site on Bailey's Hill Park located at 
approximate position 42[deg]25'6'' N, 070[deg]55'48'' W.
    (9) Celebrate Revere Fireworks
    Sponsor: Town of Revere.
    Enforcement Date: 9 p.m. to 11 p.m. on August 15, 2009; if 
postponed, August 16, 2009 at the same times.
    Regulated area: Broad Sound, Revere, MA. All waters from surface to 
bottom, within a 300 yard radius of the fireworks launch site located 
at Revere Beach at approximate position 42[deg]24'30'' N, 
070[deg]59'26'' W.
    (10) Beverly Homecoming Fireworks
    Sponsor: Beverly Harbormaster.
    Enforcement Date: 9 p.m. through 11 p.m. on August 9, 2009.
    Regulated area: Beverly Harbor, Beverly, MA. All waters 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.
    (11) Beverly 4th of July Fireworks
    Sponsor: Beverly Harbormaster.
    Enforcement Date: 9 p.m. until 11 p.m. on July 4, 2009; if 
postponed, July 5, 2009 at the same times.
    Regulated area: Beverly Harbor, Beverly, MA. All waters 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.
    (12) Surfside Fireworks
    Effective Date: From June 27, 2009 through September 5, 2009.
    Enforcement Date: Every Saturday evening from 9:30 p.m. through 
10:30 p.m.
    Regulated area: All waters of the Atlantic Ocean near Salisbury 
Beach, MA from surface to bottom, within a 200 yard radius of the 
fireworks barge located at 42[deg]50'36'' N, 070[deg]48'24'' W.
    (b) Regulations. ``Official Patrol Vessels'' consist of any Coast 
Guard, other Federal, state or local law enforcement, and any public or 
sponsor-provided vessels assigned or approved by Commander, Sector 
Boston, to patrol each event.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entering into, transiting through, or anchoring within these 
zones is prohibited, unless authorized by the Patrol Commander.
    (2) Each person in a safety zone who receives notice of a lawful 
order or direction issued by an official patrol vessel shall obey the 
order or direction.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and 
control the

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movement of all vessels in the regulated area. The Patrol Commander 
shall be designated by the Commander, Sector Boston; will be a U.S. 
Coast Guard commissioned officer, warrant officer or petty officer to 
act as the Sector Commander's official representative; and will be 
located aboard the lead official patrol vessel.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port (COTP) or the COTP's 
designated representative to obtain permission by calling the Sector 
Boston Command Center at 617-223-5761. 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.
    (5) The Patrol Commander may, upon request, allow the transit of 
commercial vessels through regulated areas when it is safe to do so.
    (c) All coordinates reference 1983 North American Datum (NAD83).

    Dated: June 18, 2009.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. E9-15602 Filed 6-30-09; 8:45 am]
BILLING CODE 4910-15-P