Rule2024-13917
Safety Zone; Provincetown Harbor, Provincetown, MA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 26, 2024
Effective
July 4, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for a fireworks display on certain waters of the Provincetown Harbor near Provincetown, MA. The safety zone is needed to protect personnel, spectators, and vessels from potential hazards created by the fireworks display. This rulemaking will prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Sector Southeastern New England or a designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 123 (Wednesday, June 26, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Rules and Regulations]
[Pages 53354-53356]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13917]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0530]
RIN 1625-AA00
Safety Zone; Provincetown Harbor, Provincetown, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for a
fireworks display on certain waters of the Provincetown Harbor near
Provincetown, MA. The safety zone is needed to protect personnel,
spectators, and vessels from potential hazards created by the fireworks
display. This rulemaking will prohibit persons and vessels from
entering the safety zone unless authorized by the Captain of the Sector
Southeastern New England or a designated representative.
DATES: This rule is effective from 9 p.m. on July 4, 2024, through 10
p.m. on July 5, 2024. The rule will be enforced from 9 p.m. through 10
p.m. on July 4, 2024, unless the event time is changed because of
weather conditions in which case it may be subject to enforcement those
same hours on July 5, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-0530 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email MST2 Christopher Matthews, Waterways Management Division,
Sector Southeastern New England, U.S. Coast Guard; telephone 571-610-
4969, email <a href="/cdn-cgi/l/email-protection#065543484351514b4673756561286b6f6a"><span class="__cf_email__" data-cfemail="c497818a8193938984b1b7a7a3eaa9ada8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Southeastern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On April 24, 2024, the City of Provincetown notified the Coast
Guard that they will be conducting a firework show from 9 p.m. through
10 p.m. on July 4, 2024. The firework show will take place in the
vicinity of the Provincetown Harbor near Provincetown, MA.
The Captain of the Port Sector Southeastern New England (COTP) has
determined that potential hazards associated with the firework show
will be a safety concern for anyone attempting to transit the
Provincetown Harbor. The Coast Guard is issuing this temporary rule
under the authority in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because doing so would be impracticable and contrary to the public
interest. We must establish the temporary safety zone by July 4, 2024,
to ensure the safety of spectators and the general public from hazards
associated with the fireworks display.
Also, 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. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because the temporary safety zone must be established by July 4, 2024,
to ensure the safety of spectators and vessels during the fireworks
display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The COTP has determined that potential hazards associated
with the fireworks event occurring July 4, 2024, will be a safety
concern for anyone within 500 yards of the pier where the fireworks
will be launched. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the safety
zone while the fireworks event occurs.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on the navigable
waters of the Provincetown Harbor during fireworks display from a pier.
The event is scheduled to take place between 9 p.m. and 10 p.m. on July
4, 2024, unless the event is delayed because of weather
[[Page 53355]]
conditions in which case it may take place between 9 p.m. and 10 p.m.
on July 4, 2024. The safety zone will cover all navigable waters of the
Provincetown Harbor within 500 yards of the pier positioned at
approximately 42[deg]02'58'' N, 070[deg]10'52'' W. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters during the fireworks display. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on size, location,
duration, and time-of-day of the safety zone. This rule involves a
safety zone that will be enforced for approximately 1 hour and impact a
limited area of the Provincetown Harbor during a fireworks event.
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the safety zone and the rule will allow
vessels to seek permission to enter the area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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 more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined 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 involves a
safety zone lasting only 1 hour that will prohibit entry within 500
yards of the pier in Provincetown Harbor, Provincetown, MA, positioned
at 42[deg]02'58'' N, 070[deg]10'52'' W. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
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 amends
33 CFR part 165 as follows:
[[Page 53356]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T01-0530 to read as follows:
Sec. 165.T01-0530 Safety Zone; Provincetown Harbor, Provincetown, MA.
(a) Location. The following area is a safety zone: All navigable
waters of the Provincetown Harbor within 500 yards of the pier located
at approximately 42[deg]02'58'' N, 070[deg]10'52'' W. These coordinates
are based on NAD 83.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Southeastern New England (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 16 or by telephone at 866-819-9128.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Effective and enforcement period. This section is effective
from 9 p.m. on July 4, 2024, through 10 p.m. on July 5, 2024. The
section will only be subject to enforcement from 9 p.m. through 10 p.m.
on July 4, 2024, unless the event time is changed because of weather
conditions in which case it may be subject to enforcement those same
hours on July 5, 2024.
Clinton J. Prindle,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New
England.
[FR Doc. 2024-13917 Filed 6-25-24; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 26, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.