
[Federal Register: June 4, 2008 (Volume 73, Number 108)]
[Proposed Rules]               
[Page 31785-31788]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn08-10]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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

 
Safety Zones; Fireworks, Central and Northern Massachusetts

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes the temporary creation of safety 
zones for fireworks events being held on several waterways of 
Massachusetts this summer. These safety zones will last for the limited 
duration of the six fireworks events occurring near the water along the 
central and northern portions of Massachusetts' Atlantic Coast. The 
zones are necessary to protect spectators, participants, and vessels 
from the hazards associated with fireworks displays.

DATES: Comments and related material must reach the Coast Guard on or 
before July 7, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0349 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) 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.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Chief Eldridge McFadden at 617-223-5160. 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. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0349), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or 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 them 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. We may change this 
proposed rule in view of them.

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 at 
any time. Enter the docket number for this rulemaking (USCG-2008-0349) 
in the Search box, and click ``Go >>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays; or the U.S. Coast Guard Sector Boston, 427 Commercial Street, 
Boston, MA 02109 between 7 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on

[[Page 31786]]

behalf of an association, business, labor union, etc.). You may review 
the Department of Transportation's Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477), or you may visit 
http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one 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.

Background and Purpose

    This rule proposes to establish six individual safety zones on the 
waters of Nahant Bay, Manchester Bay, Marblehead Harbor, Beverly 
Harbor, Ipswich Bay, and Hingham Harbors during fireworks events on the 
nights and times listed herein.
    The safety zones proposed by this rule would temporarily restrict 
movement near fireworks displays being held in Nahant Bay, Manchester 
Bay, Marblehead Harbor, Beverly Harbor, Ipswich Bay, and Hingham 
Harbor. The proposed zones will protect the maritime public from the 
dangers inherent in waterborne fireworks displays. Marine traffic may 
transit safely outside the safety zone during the effective period. 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 safety marine information broadcasts and Local Notice 
to Mariners.

Discussion of Proposed Rule

    The Coast Guard proposes to establish temporary safety zones on the 
waters of Nahant Bay, Manchester Bay, Marblehead Harbor, Beverly 
Harbor, Ipswich Bay, and Hingham Harbors in Massachusetts within a 200-
yard radius of the barges from which fireworks will be shot during 
events in each of these waterways at the times listed in the proposed 
rule. Marine traffic would be able to transit safely outside of each 
safety zone in the majority of Nahant Bay, Manchester Bay, Marblehead 
Harbor, Beverly Harbor, Ipswich Bay, and Hingham Harbors not affected 
by the proposed rule during the event. This safety zone will control 
vessel traffic during the fireworks display 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 media, local notice to mariners and marine information 
broadcasts.

Regulatory Evaluation

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

Executive Order 12866

    This proposed 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
proposed rule would prevent traffic from transiting a portion of Nahant 
Bay, Manchester Bay, Marblehead Harbor, Beverly Harbor, Ipswich Bay, 
and Hingham Harbors during the effective period, the effects of this 
rule will not be significant for several reasons: vessels will be 
excluded from the proscribed areas for only two and one half hours, 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 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 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 
Nahant Bay, Manchester Bay, Marblehead Harbor, Beverly Harbor, Ipswich 
Bay, and Hingham Harbor at the times listed in the proposed rule.
    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 only two and one half hours, 
vessel traffic can safely pass around the safety zone during the 
effected period, and advance notification via safety marine 
informational broadcast and Local Notice to Mariners will be made 
before and during the effective period.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a 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 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Chief Eldridge 
McFadden at 617-223-5160. 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 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.

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

[[Page 31787]]

aggregate, or by the private sector of $100,000,000 or more in any one 
year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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 Commandant Instruction 
M16475.lD which guides 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 not likely to 
have a significant effect on the human environment. A preliminary 
``Environmental Analysis Check List'' supporting this preliminary 
determination is 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

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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 AREAS

    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, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.T01-0349 to read as follows:


Sec.  165.T01-0349  Safety Zones; Northern and Central Massachusetts, 
Coastal fireworks displays.

    (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.
    (2) Independence Day Celebration Fireworks, Ipswich, MA. (i) All 
waters of Ipswich Bay, from surface to bottom, within a 200 yard radius 
of the beach at the approximate position 42[deg]41'26'' N, 
070[deg]46'28'' W. These coordinates are based upon NAD83 datum.
    (ii) Effective Date. This rule will be effective from 9 p.m. 
through 10 p.m. on July 4, 2008.
    (3) City of Lynn 4th of July Celebration, Lynn, MA. (i) All waters 
of Nahant Bay, from surface to bottom, within a 200 yard radius of the 
fireworks barge located at 42[deg]27'37'' N, 70[deg]55'35'' W. These 
coordinates are based upon NAD83 datum.
    (ii) Effective Date. This rule will be effective from 8:15 p.m. 
through 10 p.m. on July 3, 2008 with a rain date of July 5, 2008.
    (4) Manchester Parks and Recreation 4th of July Fireworks, 
Manchester, MA. (i) All waters of Manchester Bay, from surface to 
bottom, within a 200 yard radius of the fireworks barge located at 
427[deg]35'2'' N, 70[deg]45'31'' W. These coordinates are based upon 
NAD83 datum.
    (ii) Effective Date. This rule will be effective from 8:30 p.m. 
through 10 p.m. on July 3, 2008 with a rain date of July 5, 2008.
    (5) Marblehead 4th of July Celebration, Marblehead, MA. (i) All 
waters of Marblehead Harbor, 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. These 
coordinates are based upon NAD83 datum.
    (ii) Effective Date. This rule will be effective from 8:30 p.m. 
until 10 p.m. on July 4, 2008 with a rain date of July 5, 2008.
    (6) Hingham 4th of July Fireworks, Hingham, MA. (i) All waters of 
Hingham Bay, from surface to bottom, within a 200 yard radius of the 
beach of Button Island at the approximate position 42[deg]15'04'' N, 
070[deg]53'02'' W. These

[[Page 31788]]

coordinates are based upon NAD83 datum.
    (ii) Effective Date. This rule will be effective from 8:30 p.m. 
until 10 p.m. on July 5, 2008 with a rain date of July 6, 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 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: May 21, 2008.
Claudia C. Gelzer,
Commander, U.S. Coast Guard, Acting Captain of the Port Boston.
[FR Doc. E8-12479 Filed 6-3-08; 8:45 am]

BILLING CODE 4910-15-P
