[Federal Register: June 14, 2005 (Volume 70, Number 113)]
[Rules and Regulations]
[Page 34355-34357]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn05-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD1-05-036]
RIN 1625-AA00
Safety Zone: Boston Fourth 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 Fourth of July Fireworks. The safety zone is necessary to
protect the life and property of the maritime public from the potential
hazards posed by a fireworks display. The safety zone will temporarily
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. e.d.t. on July 4, 2005 until
11:30 p.m. e.d.t. on July 4, 2005, with a rain date of July 5, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-05-036 and are available for
inspection or copying at Sector Boston, 427 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 Paul English,
Sector Boston, Waterways Management Division, at (617) 223-5750.
SUPPLEMENTARY INFORMATION:
Regulatory History
We 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. An NPRM was not published for
this regulation because the final details regarding the nature of the
zone were not determined with sufficient time to draft and publish an
NPRM. Any delay encountered in the regulation's effective date would be
contrary to public interest since the safety zone is needed to prevent
traffic from transiting a portion of the Charles River, Boston,
Massachusetts, during the fireworks display and to provide for the
safety of life on navigable waters. 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. The zone
should have minimal negative impact on vessel use of the Charles River
because vessels will only be excluded from the area of the safety zone
for 4.5 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 as part of
Boston's celebration in honor of Independence Day. This regulation
establishes a temporary 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.
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 during the fireworks display.
Discussion of Rule
The safety zone is in effect from 7 p.m. EDT until 11:30 p.m. EDT
July 4, 2005 with a rain date of July 5, 2005. 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 so
minimal that a full Regulatory Evaluation under of the regulatory
policies and procedures of DHS is unnecessary.
Although this regulation prevents vessel traffic from transiting
into a portion of the Charles River during this event, the effect of
this regulation will not be significant for several reasons: vessels
will only be excluded from the area of the safety zone for 4.5 hours;
although vessels will not be able to transit the river in the vicinity
of the zone, they will be able to operate in other areas of the river
during the effective period; 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
[[Page 34356]]
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. EDT
until 11:30 p.m. EDT July 4, 2005 with a rain date of July 5, 2005.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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).
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
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 State, local or tribal governments, in the
aggregate, or by the private sector of $100,000,000 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.
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
We have 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
Considering 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 standard.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
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 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. This rule fits the category selected from paragraph
(34)(g), as it would establish a safety zone. A final ``Environmental
Analysis Check List'' and a final ``Categorical Exclusion
Determination'' will be available in the docket where indicated under
ADDRESSES.
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.
[[Page 34357]]
0
2. Add temporary section 165.T05-036 to read as follows:
Sec. 165.T05-036 Safety Zone: Boston 4th of July Fireworks, Charles
River, Boston, Massachusetts.
(a) Location. The following area is a safety zone: All waters of
the Charles River within a 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.
(b) Effective Date. This section is effective from 7 p.m. e.d.t.
until 11:30 p.m. e.d.t. on July 4, 2005, with a rain date of July 5,
2005.
(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.
(2) All vessel operators shall comply with the instructions of the
COTP or the designated on-scene U.S. 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 2, 2005.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 05-11672 Filed 6-13-05; 8:45 am]
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