[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Rules and Regulations]
[Pages 36573-36574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17187]
[[Page 36573]]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-102]
RIN 2115-AA97
Safety Zone: Royal Handel Fireworks, Boston, MA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Boston Inner Harbor in a four-hundred (400)-yard radius
around a fireworks barge located off the Coast Guard Integrated Support
Command Boston at position 42 22.116 N, 71 02.816 W (NAD 1983) Boston,
MA. This safety zone prevents entry into or movement within this
portion of Boston Harbor. It is necessary to protect the boating public
from the dangers posed by a fireworks display.
DATES: This rule is effective from 8:30 p.m. until 10:30 p.m.,
Wednesday, August 4, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Marine Safety Office Boston, 455 Commerical
Street, Boston, MA, between the hours of 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: ENS Rebecca Montleon, Waterways
Management Division, Coast Guard Marine Safety Office Boston, (617)
223-3000.
SUPPLEMENTARY INFORMATION: .
Regulatory History
Pursuant to 5 U.S.C. 553, no notice of proposed rulemaking (NPRM)
was published for this regulation. Good cause exists for not publishing
an NPRM. Conclusive information about this event was not provided to
the Coast Guard until May 7, 1999, making it impossible to draft or
publish an NPRM and provide adequate time for comments to be submitted.
Publishing an NPRM and delaying the rule's effective date would be
contrary to the public interest since immediate action is needed to
close a portion of the waterway and protect the maritime public from
the hazards associated with this fireworks display, which is intended
for public entertainment.
Background and Purpose
On May 7, 1999, the Royal Handel Fireworks Show of Boston, MA,
filed a marine-event permit with the Coast Guard to hold a fireworks
program over the waters of Boston Harbor, Boston, MA. This regulation
establishes a safety zone on the waters of Boston Harbor in a four-
hundred (400)-yard radius around a fireworks barge located off the
Coast Guard Integrated Support Command, Boston, MA, at position
42 deg.22.116'N, 71 deg.02.816'W (NAD 1983). The safety zone is in
effect from 8:30 p.m. until 10:30 p.m. on Wednsday, August 4, 1999.
This safety zone prevents entry into or movement within this portion of
Boston Harbor. It is necessary to protect the boating public from the
dangers posed by a fireworks display.
Regulatory Evaluation
This final 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. It has not been reviewed by the Office of Management and
Budget under that Order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT)(44 FR
11040; February 26, 1979). The Coast Guard expects the economic impact
of this regulations to be so minimal that a full Regulatory Evaluation
under paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary since the safety zone will be limited in duration, marine
advisories will be made in advance of the implementation of the safety
zone, and the safety zone will not restrict the entire harbor, allowing
traffic to continue without obstruction.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C 601 et seq.), the
Coast Guard considered whether this rule would have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include (1) shall businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For the reasons discussed in the Regulatory Evaluation above, the
Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have a
significant impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection-of-information requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
final rule and concluded that, under Figure 2-1, paragraph 34(g), of
Commandant Instruction M16457.1C, this final rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recorkeeping requirements, Security measures, Waterways.
Regulation
For reasons set out in the preamble, the Coast Guard amends 33 CFR
Part 165 as follows:
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, and 160.5; 49 CFR 1.46 Section 165.100 is also issued
under authority of Sec. 311, Pub. L. 105-383.2.
2. Add temporary section 165.T01-102 to read as follows:
Sec. 165.T01-102 Safety Zone: Fireworks, Boston, MA.
(a) Location. The following area is a safety zone: all waters of
Boston Harbor in a four-hundred (400)-yard radius around a fireworks
barge located off of the Coast Guard Integrated Support Command,
Boston, MA. at position 42 deg.22.166'N, 71 deg.02.816'W (NAD 1983).
(b) Effective Date. This secton is effective from 8:30 p.m. until
10:30 p.m., Wednesday, Aug 4, 1999.
(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 persons and vessels shall comply with the instructions of
the COTP of the designated on-scene U.S. Coast Guard patrol personnel.
U.S. Coast Guard partrol personnel comprise commissioned, warrant, and
petty officers of the U.S. Coast Guard.
[[Page 36574]]
(3) The general regulations covering safety zones in section 165.23
of this part apply.
Dated: June 24, 1999.
M.A. Skordinski,
Commander, U.S. Coast Guard, Alternate Captain of the Port, Boston,
Massachusetts.
[FR Doc. 99-17187 Filed 7-6-99; 8:45 am]
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