[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Rules and Regulations]
[Pages 39033-39034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18484]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-110]
RIN 2115-AA97


Safety Zone: Fireworks, Parade of Lights, 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 Harbor in a four hundred (400) yard radius around a 
fireworks barge located off the U.S. Coast Guard Base at an approximate 
position of 42 deg.22'12'' N, 071 deg.02'53'' W (NAD 1983) Boston, MA. 
The safety zone is in effect from 9:00 p.m. until 11:00 p.m., Saturday, 
July 24, 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 9:00 p.m. until 11:00 p.m., 
Saturday, July 24, 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 Saturday, 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 June 14, 
1999, making it impossible to draft or publish an NPRM or a final rule 
30 days in advance. Publishing an 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 June 14, 1999, Conventures Inc., 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 U.S. Coast Guard Base 
in approximate position 42 deg.22'12'' N, 071 deg.02'53'' W (NAD 1983), 
Boston Harbor, MA. The safety zone is in effect from 9:00 p.m. until 
11:00 p.m. Saturday, July 24, 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.

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

[[Page 39034]]

a significant impact on a substantial number of small entities.

Collection of Information

    This rule 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.

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, 160.5; 49 CFR 1.46.

    Add temporary Sec. 165.T01-110 to read as follows:


Sec. 165.T01-110  Safety zone; Fireworks, Parade of Lights, 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 U.S. Coast Guard Base in approximate position 
42 deg.22'12''N, 071 deg.02'53''W (NAD 1983), Boston, MA.
    (b) Effective date. This section is effective from 9:00 p.m. until 
11:00 p.m., Saturday, July 24, 1999.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 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: July 9, 1999.
M.A. Skordinski,
Commander, U.S. Coast Guard, Alternate Captain of the Port, Boston, 
Massachusetts.
[FR Doc. 99-18484 Filed 7-20-99; 8:45 am]
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