[Federal Register: May 5, 2005 (Volume 70, Number 86)]
[Proposed Rules]
[Page 23824-23826]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my05-20]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-05-035]
RIN 1625-AA00
Safety Zone; Legal Seafood Firework Display Boston, MA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for the Legal Seafood Firework Display in Boston, Massachusetts. The
safety zone would temporarily close all waters of Boston Harbor within
a 400-yard radius of the fireworks barge, temporarily prohibiting entry
into or movement within this portion of Boston Harbor. This safety zone
is necessary to provide for the safety of life and property during a
firework display.
DATES: Comments and related material must reach the Coast Guard on or
before May 20, 2005.
ADDRESSES: You may mail comments and related materials to Sector
Boston, 427 Commercial Street, Boston, MA. Sector Boston maintains the
public docket for this rulemaking. Comments and material received from
the public, as well as documents indicated in this preamble as being
available in the docket are part of docket CGD01-05-035 and are
available for inspection or copying at Sector Boston, 427 Commercial
Street, Boston, MA, between 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 Safety and Response Division, at (617) 223-
3010.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for the rulemaking (CGD01-05-
035), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related materials in an unbound format, no larger than
8.5 by 11 inches, suitable for copying. If you would like to know that
your submission reached us, please enclose a stamped, self-addressed
postcard or envelope. We
[[Page 23825]]
may change this proposed rule in view of them.
If, as we anticipate we make this temporary final rule effective
less than 30 days after publication in the Federal Register, we will
explain in that publication, as required by 5 U.S.C. (d)(3), our good
cause for doing so.
Public Meeting
We do not plan to hold a public meeting. But you may submit a
request for a meeting by writing to Sector Boston at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
This rule proposes to establish a safety zone in Boston Harbor
within a 400-yard radius of the fireworks barge located at approximate
position 42[deg]21.280' N, 071[deg]2.123' W. The firework event is
being sponsored by Legal Seafoods. The safety zone would be in effect
from 9:30 p.m. until 10:30 p.m. on June 17, 2005.
The zone would temporarily restrict movement within this portion of
Boston Harbor and is needed to protect the maritime public from the
potential dangers posed by a fireworks display. Marine traffic may
transit safely outside of the safety zone during the effective period.
The Captain of the Port does not anticipate any negative impact on
vessel traffic as a result of this event. Public notifications will be
made prior to the effective period via safety marine information
broadcasts and local notice to mariners.
Discussion of Proposed Rule
The safety zone will be in effect from 9:30 p.m. until 10:30 p.m.
on June 17, 2005. Marine traffic may transit safely outside of the
safety zone in the majority of Boston Harbor during the event.
Because of the limited time and because the zone leaves the
majority of Boston Harbor open for navigation, 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 Notice to Mariners and marine information broadcasts.
Regulatory Evaluation
This proposed 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 paragraph 10e of the
regulatory policies and procedures of DHS is unnecessary. Although this
rule will prevent traffic from transiting a portion of Boston Harbor
during the effective periods, the effects of this rule will not be
significant for several reasons: vessels will only be excluded from the
area of the safety zone for 1 hour, vessels will be able to operate in
the majority of Boston Harbor 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), we have
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 proposed rule would 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 Harbor from 9:30
p.m. to 10:30 p.m. on June 17, 2005.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: this
rule will be in effect for only 1 hour, vessel traffic can safely pass
around the safety zone, and advance notifications will be made to the
local maritime community by marine information broadcasts and Local
Notice to Mariners.
Collection of Information
This proposed 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule will 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 proposed 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 proposed 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
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This proposed 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.
[[Page 23826]]
Energy Effects
We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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, we believe that this rule should be categorically excluded,
under figure 2-1, paragraph (34) (g) of the Instruction, from further
environmental documentation.
Under figure 2-1, paragraph (34) (g), of the Instruction, an
``Environmental Analysis Check List'' is not required for the rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Security measures.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.
2. From 9:30 p.m. until 10:30 p.m. on June 17, 2005, add temporary
Sec. 165.T01-035 to read as follows:
165.T01-035 Safety Zone; Legal Seafood Fireworks Display Boston,
Massachusetts.
(a) Location. The following area is a safety zone:
All waters of Boston Harbor within a 400-yard radius of the
fireworks barge located at approximate position 42[deg]21.280' N,
071[deg]2.123' W.
(b) Effective date. This section is effective from 9:30 p.m. until
10:30 p.m. EDT on June 17, 2005.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within this zone will
be 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: April 24, 2005.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 05-8927 Filed 5-4-05; 8:45 am]
BILLING CODE 4910-15-P