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Federal Register/Vol. 68, No. 129/Monday, July 7, 2003/Rules

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Federal Register/Vol. 68, No. 129/Monday, July 7, 2003/Rules Federal Register / Vol. 68, No. 129 / Monday, July 7, 2003 / Rules and Regulations 40171 Taking of Private Property Statement of Energy Effects under DEPARTMENT OF HOMELAND This rule will not effect a taking of Executive Order 13211. SECURITY private property or otherwise have List of Subjects in 33 CFR Part 165 taking implications under Executive Coast Guard Order 12630, Governmental Actions and Harbors, Marine safety, Navigation 33 CFR Part 165 Interference with Constitutionally (water), Reporting and record keeping Protected Property Rights. requirements, Security measures, CGD01–03–023 Civil Justice Reform Waterways. RIN 1625–AA00 This rule meets applicable standards ■ For the reasons discussed in the in sections 3(a) and 3(b)(2) of Executive preamble, the Coast Guard amends 33 Safety Zone; Marblehead Fourth of Order 12988, Civil Justice Reform, to CFR Part 165 as follows: July Fireworks, Marblehead, MA minimize litigation, eliminate AGENCY: ambiguity, and reduce burden. PART 165—REGULATED NAVIGATION Coast Guard, DHS. ACTION: Temporary final rule. Protection of Children AREAS AND LIMITED ACCESS AREAS SUMMARY: The Coast Guard is The Coast Guard has analyzed this ■ 1. The authority citation for Part 165 establishing a temporary safety zone for rule under Executive Order 13045, continues to read as follows: Protection of Children from the Marblehead Fourth of July Environmental Health Risks and Safety Authority: 33 U.S.C. 1231; 50 U.S.C. 191, Fireworks on July 4, 2003, in Risks. This rule is not an economically 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; Marblehead, Massachusetts. The safety significant rule and does not create an Department of Homeland Security Delegation zone temporarily closes all waters in the environmental risk to health or risk to No. 0170. vicinity of the Marblehead Causeway in a 400-yard radius of the fireworks barge safety that may disproportionately affect ■ 2. A new temporary § 165.T09–229 is ° ′ ″ children. located at position 42 29 11 N, added to read as follows: 70°51′01″ W. The safety zone is Environment § 165.T09–229 Safety Zone; Saginaw River, necessary to protect the life and The Coast Guard has considered the Bay City, MI. property of the maritime public from the environmental impact of this rule and hazards posed by a fireworks display. concluded that, under figure 2–1, (a) Location. The safety zone The safety zone will prohibit entry into paragraph (34)(g) of Commandant encompasses all waters of the Saginaw or movement within this portion of Instruction M16475.1D, this rule is River surrounding two fireworks launch Marblehead Harbor during its effective categorically excluded from further platforms bounded by the arc of a circle period. environmental documentation. A with a 300-yard radius with each center DATES: This rule is effective from 8 p.m. ‘‘Categorical Exclusion Determination’’ in approximate position 43°35′55″ N, until 10:30 p.m. on July 4, 2003. ° ′ ″ is available in the docket for inspection 083 53 40 W (off Veteran’s Park) and ADDRESSES: Documents as indicated in ° ′ ″ ° ′ ″ or copying where indicated under 43 35 55 N, 083 53 30 W (off this preamble are available for ADDRESSES. Wenonah Park)(NAD 83). inspection or copying at Marine Safety Indian Tribal Governments (b) Enforcement Periods. This section Office Boston, 455 Commercial Street, Boston, MA between the hours of 8 a.m. This rule does not have tribal is effective from 7 p.m. on July 3 until and 3 p.m., Monday through Friday, implications under Executive Order 11 p.m. on July 5, 2003. This section except Federal holidays. 13175, Consultation and Coordination will be enforced from 7 p.m. until 11 with Indian Tribal Governments, p.m. on July 3; during this same time on FOR FURTHER INFORMATION CONTACT: because it does not have a substantial July 4; and again during this time on Chief Petty Officer Daniel Dugery, direct effect on one or more Indian July 5, 2003. Marine Safety Office Boston, Waterways Management Division, at (617) 223– tribes, on the relationship between the (c) Regulations. In accordance with 3000. Federal Government and Indian tribes, the general regulations in section 165.23 or on the distribution of power and of this part, entry into this safety zone SUPPLEMENTARY INFORMATION: responsibilities between the Federal is prohibited unless authorized by the Regulatory History Government and Indian tribes. Coast Guard Captain of the Port Detroit, Pursuant to 5 U.S.C. 553, a notice of Energy Effects or his designated on-scene proposed rulemaking (NPRM) was not The Coast Guard has analyzed this representative. The designated on-scene published for this regulation. Good rule under Executive Order 13211, Patrol Commander may be contacted via cause exists for not publishing a NPRM Actions Concerning Regulations That VHF Channel 16. Section 165.23 also and for making this regulation effective Significantly Affect Energy Supply, contains other general requirements. in less than 30 days after Federal Distribution, or Use. We have Dated: June 20, 2003. Register publication. Any delay determined that it is not a ‘‘significant P.G. Gerrity, encountered in this rule’s effective date energy action’’ under that Order, would be contrary to public interest Commander, Coast Guard, Captain of the because it is not a ‘‘significant Port, Detroit. since the safety zone is needed to regulatory action’’ under Executive prevent traffic from transiting a portion [FR Doc. 03–16971 Filed 7–3–03; 8:45 am] Order 12866 and is not likely to have a of Marblehead Harbor, Massachusetts, significant adverse effect on the supply, BILLING CODE 4910–15–P during the fireworks event and to distribution, or use of energy. It has not provide for the safety of life on been designated by the Administrator of navigable waters. Additionally, the rule the Office of Information and Regulatory should have a negligible impact on Affairs as a significant energy action. vessel transits due to the fact that Therefore, it does not require a vessels will only be limited from the VerDate Jan<31>2003 17:45 Jul 03, 2003 Jkt 200001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1 40172 Federal Register / Vol. 68, No. 129 / Monday, July 7, 2003 / Rules and Regulations area for 2 and one half hours, vessels excluded from the area of the safety government having first provided the will only be prohibited from entering zone for 2 and one half hours, vessels funds to pay those costs. This rule the Southern fifth of the Harbor, and will be able to operate in the majority would not impose an unfunded vessels can still transit in other areas in of the Harbor during this time, and mandate. the majority of Marblehead Harbor and advance notifications will be made to Taking of Private Property Massachusetts Bay during the event. the local maritime community by marine information broadcasts and This rule would not affect a taking of Background and Purpose Local Notice to Mariners. private property or otherwise have The Marblehead Fireworks Committee taking implications under Executive is holding a fireworks display to Small Entities Order 12630, Governmental Actions and celebrate the July 4th holiday. This Under the Regulatory Flexibility Act Interference with Constitutionally regulation establishes a safety zone in (5 U.S.C. 601–612), the Coast Guard Protected Property Rights. the vicinity of the Marblehead considered whether this rule would Causeway within a 400-yard radius of have a significant economic impact on Civil Justice Reform the fireworks barge located at position a substantial number of small entities. This rule meets applicable standards 42°29′11″ N, 70°51′01″ W. The safety The term ‘‘small entities’’ comprises in sections 3(a) and 3(b)(2) of Executive zone is in effect from 8 p.m. until 10:30 small businesses, not-for-profit Order 12988, Civil Justice Reform, to p.m. on July 4, 2003. organizations that are independently minimize litigation, eliminate This safety zone is necessary to owned and operated and are not ambiguity, and reduce burden. protect the life and property of the dominant in their fields, and Protection of Children maritime public from the dangers posed governmental jurisdictions with by this event. It will protect the public populations of less than 50,000. The Coast Guard analyzed this rule by prohibiting entry into or movement The Coast Guard certifies under 5 under Executive Order 13045, within this portion of Marblehead U.S.C. 605(b) that this rule will not have Protection of Children from Harbor where an explosion and/or a significant economic impact on a Environmental Health Risks and falling debris hazard may exist. substantial number of small entities. Security Risks. This rule is not an This rule will affect the following economically significant rule and does Discussion of Rule entities, some of which may be small not pose an environmental risk to health The safety zone is in effect from 8 entities: the owners or operators of or risk to security that may p.m. until 10:30 p.m. July 4, 2003. vessels intending to transit or anchor in disproportionately affect children. Marine traffic may transit safely outside the vicinity of the Marblehead Environment of the safety zone in the majority of Causeway on July 4, 2003. This safety Marblehead Harbor during the event, zone will not have a significant The Coast Guard considered the only the Southern fifth is encompassed economic impact on a substantial environmental impact of this rule and by this zone. number of small entities for the reasons concluded that, under figure 2–1, Because of the limited time and described under the Regulatory (34)(g), of Commandant Instruction because the zone leaves the majority of Evaluation section.
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