[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Rules and Regulations]
[Pages 31984-31985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15044]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-057]
RIN 2115-AA97
Safety Zone: 4th of July Fireworks, Charles River Esplanade,
Boston, MA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the 4th of July Fireworks on the Esplanade, Boston, MA. This regulation
establishes a two-stage safety zone on waters of the Charles River,
around the firework barges moored on the Charles River between the
Longfellow Bridge and the Harvard Bridge, Boston, MA. The first stage
is in effect from 12:01 a.m. on 28 June 1999 until 12:01 a.m. on 3 July
1999 and establishes a safety zone one hundred (100) yards around the
firework barges moored on the Charles River between the Longfellow
Bridge and the Harvard Bridge, Boston, MA. The second stage is in
effect from 12:01 a.m. on 3 July 1999 until 11:00 p.m. on 5 July 1999
unless canceled earlier by the Captain of the Port; and establishes a
safety zone four hundred (400) yards around the firework barges moored
on the Charles River between the Longfellow Bridge and the Harvard
Bridge, Boston, MA. This safety zone prevents entry into or movement
within this portion of the Charles River, and it is needed to protect
the boating public viewing this display from the dangers posed by the
loading of the fireworks and the fireworks display. The two-stage
approach is needed due to the risks posed first by the loading of the
fireworks, then the expanded risks posed by the firework display event.
DATES: This rule is effective from 12:01 a.m., Monday, 28 June 1999
until 11:00 p.m., Monday, 5 July 1999 unless canceled earlier by the
Captain of the Port.
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, a notice of proposed rulemaking (NPRM)
was not published for this regulation, and good cause exists for making
it effective in less than 30 days after Federal Register publication.
Conclusive information
[[Page 31985]]
about this event was not provided to the Coast Guard until March 9,
1999, making it impossible to publish a NPRM or a final rule 30 days in
advance. Publishing a NPRM and delaying its 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 March 9, 1999 the organization Boston's Fourth of July, Boston,
Massachusetts filed a marine event permit with the Coast Guard to hold
a fireworks program on the waters of the Charles River, Boston, MA.
This regulation establishes a two-stage safety zone on all waters of
the Charles River around the fireworks barges moored on the Charles
River between the Longfellow Bridge and the Harvard Bridge, Boston, MA.
The first stage is in effect from 12:01 a.m. on 28 June 1999 until
12:01 on 3 July 1999 and establishes a safety zone one hundred (100)
yards around the firework barges moored on the Charles River between
the Longfellow Bridge and the Harvard Bridge, Boston, MA. The second
stage is in effect from 12:01 a.m. on 3 July 1999 until 11:00 p.m. on 5
July 1999 unless canceled earlier by the Captain of the Port; and
establishes a safety zone four hundred (400) yards around the firework
barges moored in the Charles River between the Longfellow Bridge and
the Harvard Bridge, Boston, MA. This safety zone prevents entry into or
movement within this portion of the Charles River, and it is needed to
protect the boating public viewing this display from the dangers posed
by the loading of the fireworks and the fireworks display. The two-
stage approach is needed due to the risks posed first by the loading of
the fireworks, then the expanded risks posed by the firework display
event.
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 rule to be so minimal that a full Regulatory Evaluation
under paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. Due to the limited duration of the safety zone, the fact
that the safety zone will not restrict the entire harbor, allowing
traffic to continue without obstruction, and the advance maritime
advisories that will be made, the Coast Guard expects the economic
impact of this regulation to be so minimal that a Regulatory Evaluation
is unnecessary.
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) small 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 M16475.1C, 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 record
keeping requirements, Security measures, Waterways.
Regulation
For reasons set out in the preamble, the Coast Guard amends 33 CFR
Part 165 as follows:
PART 165--[AMENDED]
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.
2. Add temporary section 165.T01-057 to read as follows:
Sec. 165.T01-057 Safety Zone: 4th of July Fireworks, Charles River
Esplanade, Boston, MA.
(a) Location. The following area is a safety zone: this regulation
establishes a two-stage safety zone on all waters of the Charles River
around the fireworks barges moored on the Charles River between the
Longfellow Bridge and the Harvard Bridge. The first stage is in effect
from 12:01 a.m. on 28 June 1999 until 12:01 a.m. on 3 July 1999 and
establishes a safety zone hundred (100) yards around the firework
barges moored on the Charles River between the Longfellow Bridge and
the Harvard Bridge, Boston, MA. The second stage is in effect from
12:01 a.m. on 3 July 1999 until 11:00 p.m. on 5 July 1999 unless
canceled earlier by the Captain of the Port; and establishes a safety
zone four hundred (400) yards around the firework barges moored on the
Charles River between the Longfellow Bridge and the Harvard Bridge,
Boston, MA
(b) Effectuve date. This section is effective from 12:01 a.m.
Monday, 28 June 1999 until 11:00 p.m., Monday, 5 July 1999 unless
canceled earlier by the Captain of the Port.
(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 Boston.
(2) All persons and vessels shall comply with the instructions of
the COTP or the designated on-scene U.S. Coast Guard patrol personnel.
U.S. Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the U.S. Coast Guard.
(3) The general regulations covering safety zones in Sec. 165.23 of
this part apply.
Dated: May 27, 1999.
J.L. Grenier,
Captain, U.S. Coast Guard Captain of the Port Boston, Massachusetts.
[FR Doc. 99-15044 Filed 6-14-99; 8:45 am]
BILLING CODE 4910-15-M
