[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]



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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.

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    (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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