Safety Zones; Marine Events Held in the Sector Boston Captain of the Port Zone, 59254-59256 [2020-20097]

Download as PDF 59254 Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Proposed Rules [FR Doc. 2020–18896 Filed 9–18–20; 8:45 am] BILLING CODE 4210–67–C DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2020–0328] RIN 1625–AA00 Safety Zones; Marine Events Held in the Sector Boston Captain of the Port Zone Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to establish a temporary safety zone for certain waters of the Atlantic Ocean. This action is necessary to provide for the safety of life on these navigable waters near Sandy Beach, Cohasset, MA, during a fireworks display on November 28, 2020. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Boston or a designated representative. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before October 21, 2020. ADDRESSES: You may submit comments identified by docket number USCG– 2020–0328 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. SUMMARY: If you have questions about this proposed rulemaking, call or email MSTC Jae L. Ramirez, Waterways Management Representative; telephone 617–447– 6120 or Jae.L.Ramirez@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: jbell on DSKJLSW7X2PROD with PROPOSALS I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On May 26, 2020, the Cohasset 250th Anniversary 2020 Committee notified the Coast Guard that it will be VerDate Sep<11>2014 16:55 Sep 18, 2020 Jkt 250001 conducting a fireworks display from 9 p.m. to 10 p.m. on November 28, 2020, to commemorate the 250th anniversary of Cohasset. The fireworks are to be launched from a barge in the Atlantic Ocean approximately 1000 feet north of the Sandy Beach in Cohasset, MA. Hazards from firework displays include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. The Captain of the Port Boston (COTP) has determined that potential hazards associated with the fireworks to be used in this display would be a safety concern for anyone within a 420-foot radius of the barge. The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters within a 420-foot radius of the fireworks barge before, during, and after the scheduled event. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). III. Discussion of Proposed Rule The COTP is proposing to establish a safety zone from 9 p.m. to 10 p.m. on November 28, 2020. The safety zone would cover all navigable waters within 420 feet of a barge in the Atlantic Ocean located approximately 1000 feet north of Sandy Beach, Cohasset, MA. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled 9 p.m. to 10 p.m. fireworks display. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document. IV. Regulatory Analyses We developed this proposed 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. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB), and PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on this regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. Vessel traffic would be able to safely transit around this safety zone which would impact a small designated area of the Atlantic Ocean for one hour during the evening when vessel traffic is normally low. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF– FM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zone. 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 proposed rule would 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 IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. 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. 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. 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. E:\FR\FM\21SEP1.SGM 21SEP1 Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Proposed Rules C. Collection of Information This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments) because it would 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. If you believe this proposed rule has implications for federalism or Indian tribes, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. jbell on DSKJLSW7X2PROD with PROPOSALS 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed 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 made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on VerDate Sep<11>2014 16:55 Sep 18, 2020 Jkt 250001 the human environment. This proposed rule involves a safety zone lasting one hour that would prohibit entry within 420 feet of a fireworks barge. Normally such actions are 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 preliminary 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. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHS’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 59255 you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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 is proposing to amend 33 CFR part 165 as follows: PART 165—SAFETY ZONE FOR COHASSET FIREWORKS DISPLAY 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add a new § 165.T01–0328 to read as follows: ■ § 165.T01–0328 Safety Zone—Cohasset Fireworks—Atlantic Ocean, Cohasset, Massachusetts. (a) Location. The following area is a safety zone: All navigable waters within a 420-foot radius of the fireworks barge positioned in the Atlantic Ocean approximately 1000 feet north of the Sandy Beach in Cohasset, MA, before, during, and after the fireworks display. (b) Effective and enforcement period. This rule will be effective on November 28, 2020, from 9 p.m. to 10 p.m. (c) Regulations. While this safety zone is being enforced, the following regulations, along with those contained in § 165.23 apply: (1) No person or vessel may enter or remain in this safety zone without the permission of the Captain of the Port (COTP) or the COTP’s representatives. However, any vessel that is granted permission by the COTP or the COTP’s representatives must proceed through the area with caution and operate at a speed no faster than that speed necessary to maintain a safe course, unless otherwise required by the Navigation Rules. (2) Any person or vessel permitted to enter the safety zone shall comply with the directions and orders of the COTP or the COTP’s representatives. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing lights, or other means, the operator of a vessel within the zone shall proceed as directed. Any person or vessel within the safety zone shall exit the zone when directed by the COTP or the COTP’s representatives. (3) To obtain permissions required by this regulation, individuals may reach E:\FR\FM\21SEP1.SGM 21SEP1 59256 Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Proposed Rules the COTP or a COTP representative via VHF channel 16 or 617–223–5757 (Sector Boston Command Center). (d) Penalties. Those who violate this section are subject to the penalties set forth in 46 U.S.C. 70036 and 46 U.S.C. 70053. (e) Notification. Coast Guard Sector Boston will give notice through the Local Notice to Mariners and Broadcast Notice to Mariners for the purpose of enforcement of this temporary safety zone. Sector Boston will also notify the public to the greatest extent possible of any period in which the Coast Guard will suspend enforcement of this safety zone. (f) COTP representative. The COTP’s representative may be any Coast Guard commissioned, or petty officer or any federal, state, or local law enforcement officer who has been designated by the COTP to act on the COTP’s behalf. The COTP’s representative may be on a Coast Guard vessel, a Coast Guard Auxiliary vessel, a state or local law enforcement vessel, or a location on shore. Dated: September 8, 2020. E.J. Doucette, Captain, U.S. Coast Guard, Captain of the Port Boston. [FR Doc. 2020–20097 Filed 9–18–20; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2020–0092; FRL–10014– 12–Region 4] Air Plan Approval; KY; Jefferson County; Existing and New VOC Storage Vessels Rule Changes Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Jefferson County portion of the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet (Cabinet) on September 5, 2019. The revisions were submitted by the Cabinet on behalf of the Louisville Metro Air Pollution Control District (District or APCD) and make changes to the regulations for new and existing storage vessels for volatile organic compounds (VOCs). EPA is proposing to approve the portions of the revisions that regulate new and existing storage vessels for jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:55 Sep 18, 2020 Jkt 250001 VOCs because the changes are consistent with the Clean Air Act (CAA or Act). DATES: Comments must be received on or before October 21, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2020–0092 at www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit www2.epa.gov/dockets/commentingepa-dockets. FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. The telephone number is (404) 562– 8994. Ms. LaRocca can also be reached via electronic mail at larocca.sarah@ epa.gov. SUPPLEMENTARY INFORMATION: I. EPA’s Proposed Action In this rulemaking, EPA is proposing to approve changes to Regulation 6.13, Standards of Performance for Existing Storage Vessels for Volatile Organic Compounds, and Regulation 7.12, Standards of Performance for New Storage Vessels for Volatile Organic Compounds, of the Louisville Metro Air Pollution Control District portion of the Kentucky SIP, submitted by the Commonwealth on September 5, 2019. These modifications update the current SIP-approved version of Regulation 6.13 (Version 7) and Regulation 7.12 (Version 7) to Version 8 of each. II. EPA’s Analysis of the Revisions The Commonwealth of Kentucky previously submitted SIP revisions PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 related to this action on March 23, 2018, which included changes to APCD Regulations 6.13 and 7.12. Those SIP revisions were approved by EPA on October 1, 2019. See 84 FR 51983. In the District’s March 23, 2018, submittals, Section 1 (Applicability) of APCD Regulation 6.13 and Regulation 7.12 were revised to include an additional criteria of ‘‘true vapor pressure of the VOCs as stored equal to or greater than 78 mm Hg [millimeters of mercury] (1.5 psia [pounds per square inch absolute]).’’ This change was consistent with the minimum true vapor pressure of VOCs subject to the emission control standards provided in Section 3 (Standard for Volatile Organic Compounds) of these regulations. Section 5 (Monitoring of Operations), however, continued to contain monitoring requirements under subsection 5.1 that applied to certain vessels ‘‘having a true vapor pressure greater than 7.0 kPa [kilopascal] (1.0 psia).’’ As noted in EPA’s June 5, 2019, proposed action, the District explained that the monitoring requirements in subsections 5.1 and 5.2 would continue to apply to sources that store a liquid having a true vapor pressure greater than 1.0 psia despite the addition of the 1.5 psia criteria to Section 1. In their September 9, 2019, submittals, the District includes a modification that changes the true vapor pressure criteria of subsection 5.1 from 1.0 psia to 1.5 psia to better align with the general applicability provision of Section 1 of Regulations 6.13 and 7.12. Subsection 5.1 is a monitoring requirement which applies only to storage vessels that (1) have an external floating roof, (2) have a capacity of greater than 40,000 gallons, and (3) are not equipped with a secondary seal or approved alternative control technology. The District notes that because subsection 3.4 of Regulations 6.13 and 7.12 explicitly requires secondary seals for nearly all storage tanks with capacity of greater than 40,000 gallons, there are very few tanks which could be subject to subsection 5.1. The only exceptions to the subsection 3.4 requirement for installing secondary seals would be, as described in subsections 3.4.1 through 3.4.3, for welded tanks storing liquids with a true vapor pressure of less than 4.0 psia and for certain types of primary seals, which the District states are ‘‘a very small portion of the hundreds of facilities to which [Regulations 6.13 and 7.12] are applicable.’’ 1 In addition, the District states that they currently permit no external floating roof tanks without 1 District SIP submission, September 5, 2019, p. 72. E:\FR\FM\21SEP1.SGM 21SEP1

Agencies

[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Proposed Rules]
[Pages 59254-59256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20097]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0328]
RIN 1625-AA00


Safety Zones; Marine Events Held in the Sector Boston Captain of 
the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain waters of the Atlantic Ocean. This action is necessary 
to provide for the safety of life on these navigable waters near Sandy 
Beach, Cohasset, MA, during a fireworks display on November 28, 2020. 
This proposed rulemaking would prohibit persons and vessels from being 
in the safety zone unless authorized by the Captain of the Port Boston 
or a designated representative. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 21, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0328 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email MSTC Jae L. Ramirez, Waterways 
Management Representative; telephone 617-447-6120 or 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On May 26, 2020, the Cohasset 250th Anniversary 2020 Committee 
notified the Coast Guard that it will be conducting a fireworks display 
from 9 p.m. to 10 p.m. on November 28, 2020, to commemorate the 250th 
anniversary of Cohasset. The fireworks are to be launched from a barge 
in the Atlantic Ocean approximately 1000 feet north of the Sandy Beach 
in Cohasset, MA. Hazards from firework displays include accidental 
discharge of fireworks, dangerous projectiles, and falling hot embers 
or other debris. The Captain of the Port Boston (COTP) has determined 
that potential hazards associated with the fireworks to be used in this 
display would be a safety concern for anyone within a 420-foot radius 
of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 420-foot radius of the fireworks 
barge before, during, and after the scheduled event. The Coast Guard is 
proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 9 p.m. to 10 
p.m. on November 28, 2020. The safety zone would cover all navigable 
waters within 420 feet of a barge in the Atlantic Ocean located 
approximately 1000 feet north of Sandy Beach, Cohasset, MA. The 
duration of the zone is intended to ensure the safety of vessels and 
these navigable waters before, during, and after the scheduled 9 p.m. 
to 10 p.m. fireworks display. No vessel or person would be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative. The regulatory text we are proposing appears 
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on this regulatory 
action determination is based on the size, location, duration, and 
time-of-day of the safety zone. Vessel traffic would be able to safely 
transit around this safety zone which would impact a small designated 
area of the Atlantic Ocean for one hour during the evening when vessel 
traffic is normally low. Moreover, the Coast Guard would issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow vessels to seek permission to enter the 
zone.

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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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. 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

[[Page 59255]]

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a safety 
zone lasting one hour that would prohibit entry within 420 feet of a 
fireworks barge. Normally such actions are 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 preliminary 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. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 is 
proposing to amend 33 CFR part 165 as follows:

PART 165--SAFETY ZONE FOR COHASSET FIREWORKS DISPLAY

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add a new Sec.  165.T01-0328 to read as follows:


Sec.  165.T01-0328   Safety Zone--Cohasset Fireworks--Atlantic Ocean, 
Cohasset, Massachusetts.

    (a) Location. The following area is a safety zone: All navigable 
waters within a 420-foot radius of the fireworks barge positioned in 
the Atlantic Ocean approximately 1000 feet north of the Sandy Beach in 
Cohasset, MA, before, during, and after the fireworks display.
    (b) Effective and enforcement period. This rule will be effective 
on November 28, 2020, from 9 p.m. to 10 p.m.
    (c) Regulations. While this safety zone is being enforced, the 
following regulations, along with those contained in Sec.  165.23 
apply:
    (1) No person or vessel may enter or remain in this safety zone 
without the permission of the Captain of the Port (COTP) or the COTP's 
representatives. However, any vessel that is granted permission by the 
COTP or the COTP's representatives must proceed through the area with 
caution and operate at a speed no faster than that speed necessary to 
maintain a safe course, unless otherwise required by the Navigation 
Rules.
    (2) Any person or vessel permitted to enter the safety zone shall 
comply with the directions and orders of the COTP or the COTP's 
representatives. Upon being hailed by a U.S. Coast Guard vessel by 
siren, radio, flashing lights, or other means, the operator of a vessel 
within the zone shall proceed as directed. Any person or vessel within 
the safety zone shall exit the zone when directed by the COTP or the 
COTP's representatives.
    (3) To obtain permissions required by this regulation, individuals 
may reach

[[Page 59256]]

the COTP or a COTP representative via VHF channel 16 or 617-223-5757 
(Sector Boston Command Center).
    (d) Penalties. Those who violate this section are subject to the 
penalties set forth in 46 U.S.C. 70036 and 46 U.S.C. 70053.
    (e) Notification. Coast Guard Sector Boston will give notice 
through the Local Notice to Mariners and Broadcast Notice to Mariners 
for the purpose of enforcement of this temporary safety zone. Sector 
Boston will also notify the public to the greatest extent possible of 
any period in which the Coast Guard will suspend enforcement of this 
safety zone.
    (f) COTP representative. The COTP's representative may be any Coast 
Guard commissioned, or petty officer or any federal, state, or local 
law enforcement officer who has been designated by the COTP to act on 
the COTP's behalf. The COTP's representative may be on a Coast Guard 
vessel, a Coast Guard Auxiliary vessel, a state or local law 
enforcement vessel, or a location on shore.

    Dated: September 8, 2020.
E.J. Doucette,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2020-20097 Filed 9-18-20; 8:45 am]
BILLING CODE 9110-04-P
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