[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Proposed Rules]
[Pages 29251-29253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11922]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0314]
RIN 1625-AA00


Safety Zone; Carnival Fireworks Display, Nantasket Beach, Hull, 
MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the navigable waters off of Nantasket Beach in the vicinity of Hull, 
MA for a Carnival fireworks display. This temporary safety zone is 
necessary to protect spectators and vessels from the hazards associated 
with fireworks displays.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 18, 2012.
    Requests for public meetings must be received by the Coast Guard on 
or before May 24, 2012. The Coast Guard anticipates that this proposed 
rule will be effective from 9:00 p.m. to 10:00 p.m. on June 23, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0314 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Mark Cutter, Coast Guard Sector Boston 
Waterways Management Division, telephone 617-223-4000, email 
[email protected] or Lieutenant Junior Grade Isaac Slavitt, Coast 
Guard First District Waterways Management Branch, telephone 617-223-
8385, email [email protected]. If you have questions on viewing 
or submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0314), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2012-0314'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0314'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of

[[Page 29252]]

our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one by using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C 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, 160.5; Public Law 107-295, 116 Stat. 2064; Department of 
Homeland Security Delegation No. 0170.1, which collectively authorize 
the Coast Guard to establish safety zones.
    This proposed safety zone is necessary to protect spectators and 
vessels from the hazards associated with fireworks displays.

Discussion of Proposed Rule

    Hull Youth Football is sponsoring a Carnival fireworks display on 
the waters off of Nantasket Beach in the vicinity of Hull, MA. The COTP 
Boston has determined that fireworks displays in close proximity to 
watercraft and waterfront structures pose a significant risk to public 
safety and property. Establishing a safety zone around the location of 
this fireworks event will help ensure the safety of spectators, vessels 
and other property and help minimize the associated risks. This 
proposed safety zone will encompass a 450-foot radius around the 
firework barge.
    The fireworks display will occur from approximately 9:00 p.m. until 
10:00 p.m. on June 23, 2012. To ensure public safety, the proposed 
safety zone will be enforced immediately before, during, and 
immediately after the fireworks launch. If the event is cancelled due 
to inclement weather, then the proposed safety zone will not be 
enforced.
    All persons and vessels shall comply with the instructions of the 
COTP Boston or the designated on-scene representative. Entry into, 
transiting, or anchoring within the regulated area is prohibited unless 
authorized by the COTP or the designated on-scene representative. The 
COTP Boston or the on-scene representative may be contacted via VHF 
Channel 16.
    The Final Rule will not be published 30 days before the event and 
the effective date of this proposed rule as is generally required by 5 
U.S.C. 553(d)(3). The Coast Guard will accept comments on this 
shortened period and address them in the final rule.
    Public notifications will be made prior to the event via 
appropriate means, and may include the Local Notice to Mariners and 
marine information broadcasts.

Regulatory Analyses

    We developed this proposed 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.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, 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 determination is based on the limited time that vessels will 
be restricted from the fireworks display area. The safety zone will be 
in effect for approximately one hour during the evening hours. The 
Coast Guard expects minimal adverse impact to mariners from the 
activation of the zone as information on the event will be extensively 
advertised in the public, affected mariners may request authorization 
from the COTP Boston or the designated on-scene representative to 
transit the zone, and advance notification will be made to the maritime 
community via Local Notice to Mariners and Broadcast Notice to 
Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule will affect the following entities, some of 
which may be small entities: The owners and operators of vessels 
intending to transit or anchor in a portion of water off of Nantasket 
Beach in the vicinity of Hull, MA during the effective period.
    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 hour on a single day during the 
late evening and vessels will be able to transit around the safety 
zone. Before the effective period, we will issue maritime advisories 
widely available to users of the waterway.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking.
    If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact 1-888-REG-FAIR (1-
888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

[[Page 29253]]

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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves establishment of a safety zone on waters off of Nantasket 
Beach, Hull, MA during a firework works display. This proposed rule is 
categorically excluded from further review under paragraph (34(g) under 
figure 2-1, of the Commandant Instruction. A preliminary environmental 
analysis checklist supporting this determination will be available in 
the docket where indicated under ADDRESSES.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA

    1. The authority citation for part 165 continues to read as 
follows:

    Authority:  33 U.S.C. 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, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

    2. Add Sec.  165.T01-0314 to read as follows:


Sec.  165.T01-0314  Safety Zone; Carnival Fireworks Display, Nantasket 
Beach, Hull, MA.

    (a) Regulated Area. The following area is a temporary safety zone: 
All navigable waters from surface to bottom, within a 450-foot radius 
of position 42[deg]16'40'' N, 070[deg]51'46'' W. This position is 
located approximately 500-feet off of Nantasket Beach, Hull, MA.
    (b) Definitions. For purposes of this section ``Designated on-scene 
representative'' is any Coast Guard commissioned, warrant, or petty 
officer who has been designated by the Captain of the Port Boston 
(COTP) to act on the COTP's behalf.
    (c) Effective Period. This rule will be effective and will be 
enforced from 9:00 p.m. to 10:00 p.m. on June 23, 2012.
    (d) Regulations.
    (1) The general regulations contained in 33 CFR 165.23, as well as 
the following regulations, apply.
    (2) No vessels, except for fireworks barge and accompanying 
vessels, will be allowed to enter into, transit, or anchor within the 
safety zone without the permission of the COTP Boston or the designated 
on-scene representative.
    (3) All persons and vessels shall comply with the instructions of 
the COTP Boston or the designated on-scene representative. Upon being 
hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or 
other means, the operator of a vessel shall proceed as directed.
    (4) Vessel operators desiring to enter or operate within the 
regulated area shall contact the COTP or the designated on-scene 
representative via VHF channel 16 or 617-223-3201 (Sector Boston 
command Center) to obtain permission.
    (5) Vessel operators given permission to enter or operate in the 
regulated area must comply with all directions given to them by the 
COTP Boston or the designated on-scene representative.

    Dated: May 4, 2012.
J.N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2012-11922 Filed 5-16-12; 8:45 am]
BILLING CODE 9110-04-P