[Federal Register Volume 76, Number 133 (Tuesday, July 12, 2011)]
[Rules and Regulations]
[Pages 40808-40811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17393]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0507]
RIN 1625-AA00
Safety Zones; Fireworks Within the Sector Boston Captain of the
Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety zones within
the Sector Boston Captain of the Port (COTP) Zone for various fireworks
displays. These safety zones are necessary to provide for the safety of
life on navigable waters during these fireworks events. Entering into,
transiting through, mooring or anchoring within these zones is
prohibited unless authorized by the COTP or the designated on-scene
representative.
DATES: This rule is effective in the CFR on July 12, 2011 through 11:59
p.m. September 9, 2011. This rule is effective with actual notice for
purposes of enforcement beginning at 8:30 p.m. June 27, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0507 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0507 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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 MST1 David Labadie of the Waterways
Management Division, U.S. Coast Guard Sector Boston; telephone 617-223-
3010, e-mail [email protected]. If you have questions on viewing
material related to 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. The safety zones listed in this rule are
associated with annual fireworks events. The Coast Guard intends to
make these safety zones permanent regulations and has submitted a NPRM
for submission to the Federal Register requesting public
[[Page 40809]]
comments. A delay in publication and the lengthy comment period
associated with the process of rulemaking in the Federal Register does
not allow time to publish a NPRM followed by a final rule as these
events would occur before the rulemaking process was complete. The
sponsors are unable to reschedule these events due to other activities
being held in conjunction with the fireworks displays and the Fourth of
July holiday. Many community members have made holiday plans based on
these fireworks events, and changing the date would cause numerous
cancelations and hurt small businesses. Rescheduling would not be a
viable option because most event venues, entertainers and venders have
fully booked summer schedules making rescheduling nearly impossible.
Due to the dangers posed by the pyrotechnics used in these
fireworks displays, the safety zones are necessary to provide for the
safety of event participants, spectator craft, and other vessels
transiting the event areas. For the safety concerns noted, it is in the
public interest to have these regulations in effect during the events.
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. Any delay in the effective date of
this rule would expose spectators, vessels and other property to the
hazards associated with pyrotechnics used in the fireworks displays.
Basis and Purpose
The legal basis for the temporary rule is 33 U.S.C. 1226, 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295,
116 Stat. 2064; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to define safety
zones.
The safety zones are being issued to establish temporary regulated
areas within the Sector Boston Captain of the Port (COTP) Zone for
various fireworks displays.
Discussion of Rule
This temporary rule is necessary to ensure the safety of
spectators, vessels and other property from the hazards associated with
fireworks displays. 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. Such hazards
include obstructions to the waterway that may cause marine casualties
and the explosive danger of fireworks and debris falling into the water
that may cause death or serious bodily harm. Establishing safety zones
around the locations of these fireworks events will help ensure the
safety of spectators, vessels and other property and help minimize the
associated risks.
The Coast Guard has implemented safety zones for past events and
has not received public comments or concerns regarding the impact to
waterway traffic from these events.
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.
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.
The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The safety zones will be
of limited duration, are located in waterways that have no deep draft
commercial traffic and are designed to avoid, to the extent possible,
fishing and recreational boating traffic routes.
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
would 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 safety zones during the enforcement periods stated
for each event in the List of Subjects.
These safety zones will not have a significant economic impact on a
substantial number of small entities because of the minimal amount of
time in which the safety zones will be enforced and vessels will be
able to transit around the safety zones. Before the effective periods,
we will issue maritime advisories widely available to users of the
waterway.
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. 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 MST1 David Labadie at the
telephone number or e-mail address indicated under the FOR FURTHER
INFORMATION CONTACT section of this notice.
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 (adjusted for
inflation) or
[[Page 40810]]
more in any one year. Though this rule will not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will 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 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
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 rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction. This rule involves the
establishment of safety zones. An environmental analysis checklist and
a categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
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 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; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0507 to read as follows:
Sec. 165.T01-0507 Safety Zones; Fireworks within the Sector Boston
Captain of the Port Zone.
(a) General. Temporary safety zones are established for the
fireworks display as follows:
(1) Surfside Fireworks, Salisbury Beach, MA.
(i) Location. All waters of the Atlantic Ocean near Salisbury
Beach, MA from surface to bottom, within a 350-yard radius of the
fireworks barge located at position 42[deg]50.6' N, 070[deg]48.4' W
(NAD 83).
(ii) Enforcement Period. This safety zone will be enforced every
Saturday evening from 9:30 p.m. through 10:30 p.m. during the effective
period. This safety zone will also be enforced from 9:30 p.m. through
10:30 p.m. on Sunday July 3, 2011.
(2) Weymouth Fireworks, Weymouth, MA.
(i) Location. All waters of Weymouth Fore River, within a 350-yard
radius of the fireworks launch site located at position 42[deg]15.5' N,
070[deg]56.1' W (NAD 83).
(ii) Enforcement Period. This safety zone will be enforced from 9
p.m. to 11 p.m. on July 3, 2011. In the case this event is rescheduled
due to inclement weather, this safety zone will be enforced from 9 p.m.
to 11 p.m. on July 9, 2011.
(3) Lynn 4th of July Fireworks, Lynn, MA.
(i) Location. All waters of Nahant Bay, within a 350-yard radius of
the fireworks barge located at position 42[deg]27.62' N, 070[deg]55.58'
W (NAD 83).
(ii) Enforcement Period. This safety zone will be enforced from 9
p.m. to 11 p.m. on July 3, 2011. In the case this event is rescheduled
due to inclement weather, this safety zone will be enforced from 9 p.m.
to 11 p.m. on July 5, 2011.
(4) Marblehead 4th of July Fireworks, Marblehead, MA.
(i) Location. All waters of Marblehead Harbor within a 350-yard
radius of the fireworks launch site located at position 42[deg]30.34'
N, 070[deg]50.13' W (NAD 83).
(ii) Enforcement Period. This safety zone will be enforced from
8:30 p.m. to 10 p.m. on July 4, 2011. In the case this event is
rescheduled due to inclement weather, this safety zone will be enforced
from 8:30 p.m. to 10 p.m. on July 5, 2011.
(5) Beverly Farms 4th of July Celebration Fireworks, Beverly, MA.
(i) Location. All waters of Manchester Bay within a 350-yard radius
of the fireworks launch site near West Beach located at position
42[deg]33.84' N, 070[deg]48.5' W (NAD 83).
(ii) Enforcement Period. This safety zone will be enforced from 9
p.m. to 11 p.m. on July 3, 2011. In the case this event is rescheduled
due to inclement weather, this safety zone will be enforced from 9 p.m.
to 11 p.m. on July 5, 2011.
(6) Boston Pops Fireworks Spectacular, Boston, MA.
[[Page 40811]]
(i) Location. All waters of the Charles River within a 350-yard
radius of the fireworks barges located in the vicinity of position
42[deg]21.47' N, 071[deg]05.00' W (NAD 83).
(ii) Enforcement Period. This safety zone will be enforced from 9
p.m. to 11 p.m. on July 4, 2011. In the case this event is rescheduled
due to inclement weather, this safety zone will be enforced from 9 p.m.
to 11 p.m. on July 5, 2011.
(7) Town of Nahant Fireworks, Nahant, MA.
(i) Location. All waters of Nahant Harbor within a 350-yard radius
of the fireworks launch site on Bailey's Hill Park located at position
42[deg]25.1' N, 070[deg]55.8' W (NAD 83).
(ii) Enforcement Period. This safety zone will be enforced from 9
p.m. to 11 p.m. on July 4, 2011. In the case this event is rescheduled
due to inclement weather, this safety zone will be enforced from 9 p.m.
to 11 p.m. on July 5, 2011.
(8) City of Salem Fireworks, Salem, MA.
(i) Location. All waters of Salem Harbor, within a 350-yard radius
of the fireworks launch site located on Derby Wharf at position
42[deg]31.15' N, 070[deg]53.13' W (NAD 83).
(ii) Enforcement Period. This safety zone will be enforced from 9
p.m. to 10 p.m. on July 4, 2011. In the case this event is rescheduled
due to inclement weather, this safety zone will be enforced from 9 p.m.
to 10 p.m. on July 5, 2011.
(9) Plymouth 4th of July Celebration Fireworks, Plymouth, MA.
(i) Location. All waters of Plymouth Harbor within a 350-yard
radius of the fireworks launch site located at position 42[deg]57.3' N,
070[deg]38.3' W (NAD 83).
(ii) Enforcement Period. This safety zone will be enforced from 9
p.m. to 10 p.m. on July 4, 2011. In the case this event is rescheduled
due to inclement weather, this safety zone will be enforced from 9 p.m.
to 10 p.m. on July 5, 2011.
(10) Beverly Homecoming Fireworks.
(i) Location. All waters of Beverly Harbor within a 350-yard radius
of the fireworks barge located at position 42[deg]32.62' N,
070[deg]52.15' W (NAD 83).
(ii) Enforcement Period. This safety zone will be enforced from 9
p.m. to 11 p.m. on August 7, 2011.
(11) Hingham 4th of July Fireworks.
(i) Location. All waters within a 350-yard radius of the beach on
Button Island located at position 42[deg]15.07' N, 070[deg]53.03' W
(NAD 83).
(ii) Enforcement Period. This safety zone will be enforced from
9:30 p.m. to 10:30 p.m. on July 2, 2011. In the case this event is
rescheduled due to inclement weather, this safety zone will be enforced
from 9:30 p.m. to 10:30 p.m. on July 9, 2011.
(12) Gloucester July 4th Celebration Fireworks.
(i) Location. All waters of Gloucester Harbor, Stage Fort Park,
within a 350-yard radius of the fireworks launch site on the beach
located at position 42[deg]36.3' N, 070[deg]40.5' W (NAD 83).
(ii) Enforcement Period. This safety zone will be enforced from 8
p.m. to 11 p.m. on July 3, 2011.
(13) Gloucester Schooner Festival Fireworks.
(i) Location. All waters of Gloucester Harbor within a 350-yard
radius of the launch site on the beach located at position 42[deg]36.3'
N, 070[deg]40.5' W (NAD 83).
(ii) Enforcement Period. This safety zone will be enforced from 7
p.m. to 11 p.m. on September 3, 2011. In the case this event is
rescheduled due to inclement weather, this safety zone will be enforced
from 7 p.m. to 11 p.m. on September 5, 2011.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entering into, transiting through, mooring
or anchoring within these regulated areas is prohibited unless
authorized by the Captain of the Port (COTP) Boston, or the designated
on-scene representative.
(2) The ``on-scene representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
COTP Boston to act on his behalf. The on-scene representative will be
aboard either a Coast Guard or Coast Guard Auxiliary vessel.
(3) Vessel operators desiring to enter or operate within the
regulated areas shall contact the COTP or the designated on-scene
representative via VHF channel 16 or 617-223-5750 (Sector Boston
command center) to obtain permission to do so.
(4) Vessel operators given permission to enter or operate in the
regulated areas must comply with all directions given to them by the
Captain of the Port or the designated on-scene representative.
(c) Effective Period. This rule is effective in the CFR on July 12,
2011 through 11:59 p.m. September 9, 2011. This rule is effective with
actual notice for purposes of enforcement beginning at 8:30 p.m., June
27, 2011.
Dated: June 27, 2011.
N.E. Knapp,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Boston.
[FR Doc. 2011-17393 Filed 7-11-11; 8:45 am]
BILLING CODE 9110-04-P