[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