[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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