[Federal Register Volume 67, Number 183 (Friday, September 20, 2002)]
[Proposed Rules]
[Pages 59228-59229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23916]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-107]
RIN 2115-AA97


Safety Zone; Aggregate Industries Fireworks--Boston Harbor--
Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for the Aggregate Industries Fireworks display on October 24, 2002, in 
Boston, MA. The safety zone would temporarily close all waters of the 
Boston Harbor within a four hundred (400) yard radius of the launch 
platform located in approximate position 42[deg]21'73'' N, 
071[deg]02'73'' W. The safety zone would prohibit entry into or 
movement within this portion of the Boston Harbor during the fireworks 
display.

DATES: Comments and related material must reach the Coast Guard on or 
before October 10, 2002.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Boston, 455 Commercial Street, Boston, MA. Marine Safety Office 
Boston maintains the public docket for this rulemaking. Comments and 
material received from the public, as well as documents indicated in 
this preamble as being available in the docket, will become part of the 
docket and will be available for inspection or copying at Marine Safety 
Office Boston between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Daniel Dugery, 
Marine Safety Office Boston, Waterways Safety and Response Division, at 
(617) 223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    This NPRM comment period will be less than 30 days due to the short 
notice received for this event. There was not sufficient time for a 
longer comment period, but we wanted to provide the public with the 
opportunity to comment on the proposed regulation. For the same 
reasons, we anticipate making the final rule effective less than 30 
days after publication in the Federal Register.

Request for Information

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-02-
107), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
your comments reached us, please enclose a stamped, self addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.

Public Meeting

    We do not now plan to hold a public meeting. However, you may 
submit a request for a meeting by writing to Marine Safety Office 
Boston at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that a public meeting would aid this 
rulemaking, we will hold one at a time and place announced by a 
separate notice in the Federal Register.

Background and Purpose

    This regulation proposes to establish a safety zone within a 400-
yard radius of the fireworks barge located at position 42[deg]21'73'' 
N, 071[deg]02'73'' W. The safety zone would be in effect from 8 p.m. 
until 11 p.m. on Thursday, October 24, 2002.
    The zone would restrict movement within this portion of the Boston 
Harbor for the fireworks display and is needed to protect the maritime 
public from the dangers posed by a fireworks display. Marine traffic 
may transit safely outside of the safety zone during the effective 
periods. The Captain of the Port does not anticipate any negative 
impact on vessel traffic due to this event. Public notifications will 
be made prior to the effective period via safety marine information 
broadcasts and local notice to mariners.

Regulatory Evaluation

    This proposed 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. The Office of Management and Budget has not reviewed it 
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 proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT is unnecessary.
    Although this proposed regulation will prevent traffic from 
transiting a portion of the Boston Harbor during the effective period, 
the effects of this regulation will not be significant for several 
reasons: the minimal time that vessels will be restricted from the 
area, vessels may safely transit outside of the safety zone, and 
advance notifications will be made to the local maritime community by 
safety marine information broadcasts and local notice to mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this proposed rule would have a significant 
economic impact on a substantial number of small entities. The term 
``small entities'' comprises small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of the Boston Harbor between 8 p.m. and 
11 p.m. on October 24, 2002. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: vessel traffic can safely pass outside of 
the safety zone during the effective period, the safety zone is limited 
in duration, and advance notifications which will be made to the local 
maritime community by safety marine information broadcasts and local 
notice to mariners.
    If you think that your business, organization, or governmental

[[Page 59229]]

jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Chief Petty Officer Daniel 
Dugery at the address listed under ADDRESSES.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard analyzed this proposed rule under E.O. 13132 and 
has determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    The Coast Guard analyzed this proposed rule under Executive Order 
13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This rule is not an economically significant rule and 
does not pose an environmental risk to health or risk to safety that 
may disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, (34)(g), of 
Commandant Instruction M16475.lC, this proposed rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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 Sec.  165.T02-025 to read as follows:


Sec.  165.T01-107  Safety Zone; Aggregate Industries Fireworks--Boston, 
Massachusetts.

    (a) Location. The following area is a safety zone: All waters of 
the Boston Harbor within a 400-yard radius of the fireworks launch 
platform located in approximate position 42[deg]21'73'' N., 
071[deg]02'73'' W. All coordinates are NAD 1983.
    (b) Effective date. This section is effective from 8 p.m. until 11 
p.m. on October 24, 2002.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into or movement within this zone will 
be prohibited unless authorized by the Captain of the Port Boston.
    (2) All vessel operators shall comply with the instructions of the 
COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, local, state, and federal law enforcement vessels.

    Dated: August 29, 2002.
B.M. Salerno,
Captain, Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-23916 Filed 9-19-02; 8:45 am]
BILLING CODE 4910-15-P