[Federal Register: July 23, 2004 (Volume 69, Number 141)]
[Rules and Regulations]
[Page 43904-43906]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jy04-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-04-046]
RIN 1625-AA00
Safety Zone; Democratic Governors Association Fireworks Display--
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 Democratic Governors Association Fireworks Display on July 26, 2004
in Boston, MA, temporarily closing all waters of Boston Inner Harbor
within a 400 yard radius of the fireworks barge. This action is
necessary to protect the public from hazards posed by a fireworks
display. The safety zone prohibits entry into or movement within this
portion of Boston Inner Harbor during the closure period.
DATES: This rule is effective from 10 p.m. until 11 p.m. e.d.t. on July
26, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-04-046 and are available for
inspection or copying at Marine Safety Office Boston, 455 Commercial
Street, Boston, MA between 9 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 Safety and Response Division, at
(617) 223-3000.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard did not publish a notice of proposed rulemaking
(NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard
finds that good cause exists for not publishing an NPRM. Information on
the fireworks display was not supplied to the Coast Guard in sufficient
time to draft and publish an NPRM. Any delay encountered in this
regulation's effective date would be contrary to public interest since
the safety zone is needed to prevent traffic from transiting a portion
of Boston Harbor, Massachusetts during the fireworks event and to
provide for the safety of life on navigable waters. Additionally, the
zone will have a negligible impact on vessel transits due to the fact
that vessels will be limited from the area for only one hour, and
vessels can still transit in other areas in the majority of Boston
Harbor during the event.
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. Any delay encountered in this
regulation's effective date would be contrary to public interest since
the safety zone is needed to prevent traffic from transiting a portion
of Boston Harbor, Massachusetts during the fireworks event and to
provide for the safety of life on navigable waters. Additionally, the
zone should have a negligible impact on vessel transits due to the fact
that vessels will be limited from the area for only one hour, and
vessels can still transit in other areas in the majority of Boston
Harbor during the event.
Background and Purpose
This regulation establishes a safety zone in Boston Inner Harbor
within a 400-yard radius of the fireworks barge located at position
42[deg]22.263'' N, 071[deg]02.956'' W. The safety zone is in effect
from 10 p.m. until 11 p.m. on July 26, 2004.
The zone restricts movement within this portion of Boston Inner
Harbor and is needed to protect the maritime public from the dangers
posed by a fireworks display. Marine traffic may transit safely outside
of the safety zone during the effective periods. 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 safety marine information broadcasts and local notice to mariners.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone for the
Democratic Governors Association Fireworks Display on July 26, 2004 in
Boston, MA, temporarily closing all waters of Boston Inner Harbor
within a 400-yard radius of the fireworks barge located at approximate
position 42[deg]22.263'' N, 071[deg]02.956'' W. This action is
necessary to protect the public from hazards posed by a fireworks
display. The safety zone prohibits entry into or movement within this
portion of
[[Page 43905]]
Boston Inner Harbor during the closure period.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
Although this regulation prevents traffic from transiting a portion
of Boston Inner Harbor during the effective period, the affects of this
regulation will not be significant for several reasons: that vessels
will be restricted from the area for only a minimal time period,
vessels may safely transit outside of the safety zone, and advance
notifications which will be made to the local maritime community by
safety 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 Boston Inner Harbor on July 26, 2004.
This safety zone will 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 period is limited in duration, and advance notifications
will be made to the local maritime community by safety marine
information broadcasts and local notice to mariners.
Assistance for Small Entities
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will 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.
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 rule does not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does 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 rule meets applicable standards in sections 3(a) and 3(b)(2)
of Execute 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,
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 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 rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation.
A draft ``Environmental Analysis Check List'' and a draft
``Categorical Exclusion Determination'' are available in the docket
where indicated under
[[Page 43906]]
ADDRESSES. Comments on this section will be considered before we make
the final decision on whether the 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.
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Temporarily add Sec. 165.T01-046 to read as follows:
Sec. 165.T01-046 Safety Zone: Democratic Governors Association
Fireworks Display--Boston, Massachusetts.
(a) Location. The following area is a safety zone:
All waters of Boston Inner Harbor within a 400-yard radius of the
fireworks barge located at position 42[deg]22.263'' N, 071[deg]02.956''
W.
(b) Effective date. This section is effective from 10 p.m. until 11
p.m. on July 26, 2004.
(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 (COTP).
(2) All vessel operators shall comply with the instructions of the
COTP or the designated on-scene US 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: July 15, 2004.
Brian M. Salerno,
Captain, U. S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 04-16831 Filed 7-20-04; 2:56 pm]
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