[Federal Register: July 7, 2003 (Volume 68, Number 129)]
[Rules and Regulations]
[Page 40174-40176]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy03-18]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-03-050]
RIN 1625-AA00
Safety Zone; Boston 4th of July Fireworks--Charles River, Boston,
MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Boston 4th of July Fireworks on July 4, 2003 in Boston, MA
temporarily closing all waters on the Charles River within a four
hundred (400) yard radius of the fireworks launch site. The safety zone
is necessary to protect the life and property of the maritime public
from the hazards posed by a fireworks display. The safety zone will
prohibit entry into or movement within this portion of the Charles
River during its effective period.
DATES: This rule is effective from 7 p.m. July 4, 2003 until 11:30 p.m.
on July 4, 2003.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Marine Safety Office Boston, 455 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 Daniel Dugery,
Marine Safety Office Boston, Waterways Management Division, at (617)
223-3000.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Good cause exists for not
publishing a NPRM and for making this regulation effective in less than
30 days after Federal Register publication. Information about this
event was not provided to the Coast Guard until May 20, 2003, making it
impossible to draft or publish an NPRM or a final rule 30 days in
advance of its effective date. Any delay encountered in this
regulation's effective date would be contrary to public interest since
immediate action is needed to prevent traffic from transiting and
provide for the safety of life on navigable waters of the portion of
the Charles River, Boston, Massachusetts, affected by the fireworks
display. The zone should have minimal negative impact on vessel use of
the
[[Page 40175]]
Charles River because vessels will only be excluded from the area of
the safety zone for 4 and one half hours and will be able to operate in
other areas of the river during this time.
Background and Purpose
Boston's Fourth of July is holding a fireworks display to celebrate
the July 4th holiday. This rule establishes a safety zone on the waters
of the Charles River within a four hundred (400) yard radius around the
fireworks launch site located midway between the Longfellow and
Massachusetts Avenue Bridges, specifically at 42[deg]21.28' N,
071[deg]05.00' W. All coordinates are North American Datum 1983.
This safety zone is necessary to protect the life and property of
the maritime public from the dangers posed by this event. It will
protect the public by prohibiting entry into or movement within this
portion of the Charles River.
Discussion of Rule
The safety zone is in effect from 7 p.m. until 11:30 p.m. July 4,
2003. Marine traffic may transit safely outside of the safety zone
during the event thereby allowing navigation of the entire river except
for the portion delineated by this rule.
Due to the size of the river and the size of this safety zone, 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 media, local notice to mariners and
marine information broadcasts.
Regulatory Evaluation
This 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).
The Coast Guard expects the economic impact of this rule to be
minimal enough that a full Regulatory Evaluation under the regulatory
policies and procedures of DHS is unnecessary.
Although this rule prevents vessel traffic from transiting into a
portion of the Charles River during this event, the effect of this rule
will not be significant for several reasons: Vessels will only be
excluded from the area of the safety zone for 4 and one half hours;
although vessels will not be able to transit up and down the river in
the vicinity of the zone, they will be able to operate in other areas
of the river during this time; 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), the Coast
Guard considered whether this 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 will
not have a significant economic impact on a substantial number of small
entities. This rule will 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 the Charles River from 7 p.m. until
11:30 p.m. July 4, 2003. This safety zone will not have a significant
economic impact on a substantial number of small entities for the
reasons described under the Regulatory Evaluation section.
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
The Coast Guard analyzed this rule under Executive Order 13132,
Federalism, 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 having first provided the funds to pay
those costs. This rule would not impose an unfunded mandate.
Taking of Private Property
This rule would not affect 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 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 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.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments. A
rule with tribal implications has 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. We invite your
comments on how this rule might impact tribal governments, even if that
impact may not constitute a ``tribal implication'' under the Order.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under figure 2-1, (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
Energy Effects
We have analyzed this 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
[[Page 40176]]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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, 160.5; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T01-050 to read as follows:
Sec. 165.T01-050 Safety Zone; Boston 4th of July Fireworks, Boston,
Massachusetts.
(a) Location. The following area is a safety zone:
All waters of the Charles River within a four hundred (400) yard
radius of the fireworks launch site located midway between the
Longfellow Bridge and the Massachusetts Avenue Bridge, Boston, MA,
specifically at 42[deg]21.28' N, 071[deg]05.00' W. All coordinates are
North American Datum 1983.
(b) Effective date. This section is effective from 7 p.m. until
11:30 p.m. on July 4, 2003.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into or movement within this zone is prohibited unless
authorized by the Captain of the Port (COTP) Boston.
(2) All vessel operators shall comply with the instructions of the
COTP or the designated on-scene 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 10, 2003.
Brian M. Salerno,
Captain, Coast Guard, Captain of the Port Boston, Massachusetts.
[FR Doc. 03-16965 Filed 7-3-03; 8:45 am]
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