
[Federal Register Volume 76, Number 133 (Tuesday, July 12, 2011)]
[Rules and Regulations]
[Pages 40808-40811]
From the Federal Register Online via the Government Printing 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 david.j.labadie@uscg.mil. 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


