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Safety Zone; Beverly Homecoming Fireworks--Beverly, MA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 9, 2003 (Volume 68, Number 131)]
[Proposed Rules]
[Page 40859-40860]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy03-41]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-03-004]
RIN 1625-AA00
Safety Zone; Beverly Homecoming Fireworks--Beverly, 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
for the Beverly Homecoming Fireworks on August 10, 2003 in Beverly, MA.
The safety zone would temporarily close all waters of Beverly Harbor
within a 400-yard radius of the fireworks barge located at position
42[deg]32'36'' N, 070[deg]51'50'' W, to ensure the safety of life and
property during the event. This safety zone is intended to restrict
vessels from the area encompassed by the safety zone for the duration
of the fireworks display by prohibiting entry of vessels into or within
this portion of Beverly Harbor during the closure period.
DATES: Comments and related material must reach the Coast Guard on or
before August 8, 2003.
ADDRESSES: You may mail comments and related material to Marine Safety
Office Boston, 455 Commercial Street, Boston, MA. Marine Safety Office
Boston maintains the public docket for this rulemaking. Comments and
material received from the public, as well as documents indicated in
this preamble as being available in the docket, will become part of the
docket and will be available for inspection or copying at Marine Safety
Office Boston between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Daniel Dugery,
Marine Safety Office Boston, Waterways Safety and Response Division, at
(617) 223-3000.
SUPPLEMENTARY INFORMATION:
Request for Information
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-03-
004), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
your comments reached us, 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.
Public Meeting
We do not plan to hold a public meeting. However, you may submit a
request for a meeting by writing to Marine Safety Office Boston at the
address under ADDRESSES explaining why one would be beneficial. If we
determine that a public meeting would aid this rulemaking, we will hold
one at a time and place announced by a separate notice in the Federal
Register.
Background and Purpose
This regulation proposes to establish a safety zone in Beverly
Harbor within a 400-yard radius of the fireworks barge located at an
approximate position 42[deg]32'36'' N, 070[deg]51'50'' W. The barge
will be anchored.
The zone would restrict movement within this portion of Beverly
Harbor and is needed to protect life and property of the maritime
public from the dangers posed by a fireworks display. Marine traffic
may transit safely outside of the safety zone during the effective
periods. The Captain of the Port does not anticipate any negative
impact on vessel traffic due to this event. Public notifications will
be made prior to the effective period via safety marine information
broadcasts and local notice to mariners.
Discussion of Proposed Rule
The safety zone would be in effect from 8 p.m. until 11 p.m. on
August 10, 2003.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 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
[[Page 40860]]
reviewed it under that Order. It is not significant under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
The Coast Guard expects the economic impact of this proposed rule
to be so minimal that a full Regulatory Evaluation under the regulatory
policies and procedures of DHS is unnecessary.
Although this proposed regulation would prevent traffic from
transiting a portion of Beverly Harbor during the effective periods,
the effects of this regulation would not be significant for several
reasons: the minimal time that vessels will be restricted from the
area, vessels may safely transit outside of the safety zone, and
advance notifications which will be made to the local maritime
community by safety marine information broadcasts and local notice to
mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard 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 rule
would not have a significant economic impact on a substantial number of
small entities. This 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 a portion of Beverly Harbor on August
10, 2003. This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons:
vessel traffic can safely pass outside of the safety zone during the
effective periods, the periods are limited in duration, and advance
notifications which would be made to the local maritime community by
safety marine information broadcasts and local notice to mariners.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 (Public Law 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 Chief Petty Officer Daniel
Dugery at the address listed under ADDRESSES.
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
The Coast Guard analyzed this proposed rule under Executive Order
13132 and has determined that this rule does not have implications for
federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
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
The Coast Guard 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
does not pose an environmental risk to health or risk to safety that
may disproportionately affect children.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that, under figure 2-1, (34)(g), of
Commandant Instruction M16475.lD, this proposed rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.
2. Add temporary section 165.T01-004 to read as follows:
Sec. 165.T01-004 Safety Zone: Beverly Homecoming Fireworks--Beverly,
Massachusetts.
(a) Location. The following area is a safety zone:
All waters of Beverly Harbor within a 400-yard radius of the
fireworks barge located at position 42[deg]32'36'' N, 070[deg]51' 50''
W. All coordinates are North American Datum 1983.
(b) Effective date. This section is effective from 8 p.m. until 11
p.m. on August 10, 2003.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into or movement within this zone will be prohibited
unless authorized by the Captain of the Port Boston.
(2) All vessel operators shall comply with the instructions of the
COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, State, and Federal law enforcement vessels.
Dated: June 9, 2003.
Brian M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 03-17367 Filed 7-8-03; 8:45 am]
BILLING CODE 4910-15-P