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Safety Zone: Town of Weymouth Fourth of July Celebration Fireworks, Weymouth, MA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 4, 2006 (Volume 71, Number 86)]
[Proposed Rules]
[Page 26294-26296]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my06-24]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-06-012]
RIN 1625-AA00
Safety Zone: Town of Weymouth Fourth of July Celebration
Fireworks, Weymouth, 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 Town of Weymouth's Fourth of July Celebration Fireworks in
Weymouth, Massachusetts, currently scheduled to occur on July 1, 2006
with a rain date of July 2, 2006. The safety zone is needed to protect
the maritime public from the potential hazards posed by a fireworks
display. The safety zone will prohibit entry into or movement within
this portion of the Weymouth Fore River during its effective period.
DATES: Comments and related material must reach the Coast Guard on or
before June 5, 2006.
ADDRESSES: You may mail comments and related material to Sector Boston
427 Commercial Street, Boston, MA. Sector 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 this docket and will be
available for inspection or copying at Sector Boston, 427 Commercial
Street, Boston, MA between the hours of 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Paul English,
Sector Boston, Waterways Management Division, at (617) 223-5007.
SUPPLEMENTARY INFORMATION:
Request for Comments
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 (CGD01-06-
012), 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 materials in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
that your submission reached us, please enclose a stamped, self-
addressed postcard or envelope. We may change this proposed rule in
view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Sector Boston 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 proposed rule establishes a safety zone on the navigable
waters of the Weymouth Fore River within a five hundred (500) yard
radius of the fireworks launch barge located at approximate position
42[deg]15.3[sec] N, 070[deg]56.8[sec] W. The safety zone would be in
effect from 9 p.m. EDT until 11 p.m. EDT on July 1, 2006, with a rain
date of July 2, 2006.
This safety zone would temporarily prohibit entry into or movement
within the effected portion of the Weymouth Fore River and is needed to
protect the maritime public from the potential dangers posed by a
fireworks display.
Discussion of Proposed Rule
The Coast Guard is establishing a temporary safety zone in a
portion of the Weymouth Fore River. The safety zone would be in effect
from 9 p.m. EDT until 11 p.m. EDT on July 1, 2006 with a rain date of
July 2, 2006. Marine traffic may transit safely outside of the safety
zone during the event thereby allowing navigation of the Weymouth Fore
River except for the portion delineated by this rule. This safety zone
will control vessel traffic during the fireworks event to protect the
safety of the maritime public.
Due to the limited time frame of the firework display and because
the zone leaves the majority of the Weymouth Fore River open for
navigation, 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 notice to mariners and marine
information broadcasts.
Regulatory Evaluation
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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
Although this rule would prevent vessel traffic from transiting a
portion of the Weymouth Fore River during the fireworks event, the
effect of this regulation would not be significant for several reasons:
vessels will be excluded from the proscribed area for only two hours,
vessels will be able to operate in the majority of the Weymouth Fore
River during this time period; 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 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
[[Page 26295]]
operators of vessels intending to transit or anchor in the effected
portion of the Weymouth Fore River from 9 p.m. EDT on July 1, 2006
until 11 p.m. EDT on July 1, 2006 with a rain date of July 2, 2006.
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
period; the effective period is limited in duration, and advance
notifications via safety marine informational broadcast and local
notice to mariners will be made to the local maritime community.
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
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 Paul English
at the address listed under ADDRESSES. 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 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 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 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 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 may
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 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 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 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
M16475.1D and Department of Homeland Security Management Directive
5100.1, 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 there are no factors in this
case that would limit the use of a categorical exclusion under 2.B.2 of
the Instruction. Therefore, we believe that this rule is categorically
excluded, under figure 2-1, paragraph (34)(g) of the Instruction, from
further environmental documentation. This rule fits the category
selected from paragraph (34) (g), as it would establish a safety zone.
A preliminary ``Environmental Analysis Check List'' is available in the
docket where indicated under ADDRESSES. Comments on this section will
be considered before we make the final decision on whether this rule
should be categorically excluded from further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 33 CFR 1.05-1(g),
[[Page 26296]]
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 temporary Sec. 165.T06-012 to read as follows:
Sec. 165.T06-012 Safety Zone: Town of Weymouth Fourth of July
Celebration Fireworks--Weymouth, Massachusetts.
(a) Location. The following area is a safety zone: All navigable
waters of the Weymouth Fore River within a 500 yard radius of the
fireworks launch barge located at approximate position 42 [deg]15.3''
N, 070 [deg]56.8'' W.
(b) Effective Date. This section is effective from 9 p.m. EDT on
July 1, 2006 until 11 p.m. EDT on July 1, 2006, with a rain date of
July 2, 2006.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into or movement within this zone is
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: April 21, 2006.
J.C. O'Connor III,
Commander, U.S. Coast Guard, Alternate Captain of the Port, Boston,
Massachusetts.
[FR Doc. E6-6731 Filed 5-3-06; 8:45 am]
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