[Federal Register Volume 64, Number 177 (Tuesday, September 14, 1999)]
[Rules and Regulations]
[Pages 49670-49671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23950]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-147]
RIN 2115-AA97
Safety Zone: Fireworks, 100YR Anniversary for Architect Society,
Boston Harbor, 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 100YR Anniversary for Architect Society Fireworks, Boston Harbor,
Boston, MA. This regulation establishes a safety zone on the waters of
Boston Harbor, Boston, MA in a radius of four hundred (400) yards
around a fireworks barge moored in approximate position 42 deg.21.5' N.
71 deg.0.3' W (NAD 1983). The safety zone is in effect from 6 p.m.
until 9:30 p.m. on Tuesday, September 14, 1999. This safety zone
prevents entry into or movement within this portion of Boston Harbor,
and it is needed to protect the boating public from the dangers posed
by a fireworks display.
DATES: This rule is effective from 6 p.m. until 9:30 p.m. on Tuesday,
September 14, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Marine Safety Office Boston, 455 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: 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. Good cause exists for not
publishing an NPRM and for making this regulation effective in less
than 30 days after Federal Register publication. Conclusive information
about this event was not provided to the Coast Guard until August 2,
1999, making it impossible to draft or publish an NPRM or a final rule
30 days in advance of its effective date with appropriate time allowed
for public comment. 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 hazardous associated with this fireworks display, which
is intended for public entertainment.
Background and Purpose
On August 2, 1999 the American Society of Landscape Architects,
Washington, DC, 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) yards radius around the fireworks barge
moored in approximate position 42 deg.21.5' N. 71 deg.02.3' W (NAD
1983). The safety zone is in effect from 6 p.m. until 9:30 p.m. on
Tuesday, September 14, 1999. This safety zone prevents entry into or
movement within this portion of Boston Harbor, and it is needed 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 regulation 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) 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 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
recordkeeping requirements, Security measures, Waterways.
[[Page 49671]]
Regulation
For the 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, 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T01-147 to read as follows:
Sec. 165.T01-147 Safety Zone: Fireworks, 100YR Anniversary For
Architect Society, Boston Harbor, Boston, MA.
(a) Location. The following area is a safety zone: all waters of
Boston Harbor, Boston, MA in a four hundred (400) yard radius around
the fireworks barge moored in approximate position 42 deg.21.5'N,
71 deg.02.3'W (NAD 1983).
(b) Effective Date. This section is effective from 6 p.m. until
9:30 p.m. on Tuesday, September 14, 1999.
(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: August 14, 199.
M.A. Skordinksi,
Commander, U.S. Coast Guard, Acting Captain of the Port, Boston,
Massachusetts.
[FR Doc. 99-23950 Filed 9-13-99; 8:45 am]
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