[Federal Register Volume 68, Number 129 (Monday, July 7, 2003)]
[Rules and Regulations]
[Pages 40174-40176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16965]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-03-050]
RIN 1625-AA00


Safety Zone; Boston 4th of July Fireworks--Charles River, Boston, 
MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Boston 4th of July Fireworks on July 4, 2003 in Boston, MA 
temporarily closing all waters on the Charles River within a four 
hundred (400) yard radius of the fireworks launch site. The safety zone 
is necessary to protect the life and property of the maritime public 
from the hazards posed by a fireworks display. The safety zone will 
prohibit entry into or movement within this portion of the Charles 
River during its effective period.

DATES: This rule is effective from 7 p.m. July 4, 2003 until 11:30 p.m. 
on July 4, 2003.

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: Chief Petty Officer Daniel Dugery, 
Marine Safety Office Boston, Waterways Management Division, at (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 a NPRM and for making this regulation effective in less than 
30 days after Federal Register publication. Information about this 
event was not provided to the Coast Guard until May 20, 2003, making it 
impossible to draft or publish an NPRM or a final rule 30 days in 
advance of its effective date. Any delay encountered in this 
regulation's effective date would be contrary to public interest since 
immediate action is needed to prevent traffic from transiting and 
provide for the safety of life on navigable waters of the portion of 
the Charles River, Boston, Massachusetts, affected by the fireworks 
display. The zone should have minimal negative impact on vessel use of 
the

[[Page 40175]]

Charles River because vessels will only be excluded from the area of 
the safety zone for 4 and one half hours and will be able to operate in 
other areas of the river during this time.

Background and Purpose

    Boston's Fourth of July is holding a fireworks display to celebrate 
the July 4th holiday. This rule establishes a safety zone on the waters 
of the Charles River within a four hundred (400) yard radius around the 
fireworks launch site located midway between the Longfellow and 
Massachusetts Avenue Bridges, specifically at 42[deg]21.28' N, 
071[deg]05.00' W. All coordinates are North American Datum 1983.
    This safety zone is necessary to protect the life and property of 
the maritime public from the dangers posed by this event. It will 
protect the public by prohibiting entry into or movement within this 
portion of the Charles River.

Discussion of Rule

    The safety zone is in effect from 7 p.m. until 11:30 p.m. July 4, 
2003. Marine traffic may transit safely outside of the safety zone 
during the event thereby allowing navigation of the entire river except 
for the portion delineated by this rule.
    Due to the size of the river and the size of this safety zone, the 
Captain of the Port anticipates minimal negative impact on vessel 
traffic due to this event. Public notifications will be made prior to 
the effective period via local media, local notice to mariners and 
marine information broadcasts.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS).
    The Coast Guard expects the economic impact of this rule to be 
minimal enough that a full Regulatory Evaluation under the regulatory 
policies and procedures of DHS is unnecessary.
    Although this rule prevents vessel traffic from transiting into a 
portion of the Charles River during this event, the effect of this rule 
will not be significant for several reasons: Vessels will only be 
excluded from the area of the safety zone for 4 and one half hours; 
although vessels will not be able to transit up and down the river in 
the vicinity of the zone, they will be able to operate in other areas 
of the river during this time; and advance notifications will be made 
to the local maritime community by 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 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 Charles River from 7 p.m. until 
11:30 p.m. July 4, 2003. This safety zone will not have a significant 
economic impact on a substantial number of small entities for the 
reasons described under the Regulatory Evaluation section.

Collection of Information

    This 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 rule under Executive Order 13132, 
Federalism, 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 having first provided the funds to pay 
those costs. This rule would not impose an unfunded mandate.

Taking of Private Property

    This rule would not affect 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 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 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes. We invite your 
comments on how this rule might impact tribal governments, even if that 
impact may not constitute a ``tribal implication'' under the Order.

Environment

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

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

[[Page 40176]]

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add temporary Sec.  165.T01-050 to read as follows:


Sec.  165.T01-050  Safety Zone; Boston 4th of July Fireworks, Boston, 
Massachusetts.

    (a) Location. The following area is a safety zone:
    All waters of the Charles River within a four hundred (400) yard 
radius of the fireworks launch site located midway between the 
Longfellow Bridge and the Massachusetts Avenue Bridge, Boston, MA, 
specifically at 42[deg]21.28' N, 071[deg]05.00' W. All coordinates are 
North American Datum 1983.
    (b) Effective date. This section is effective from 7 p.m. until 
11:30 p.m. on July 4, 2003.
    (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 (COTP) Boston.
    (2) All vessel operators shall comply with the instructions of the 
COTP or the designated on-scene 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: June 10, 2003.
Brian M. Salerno,
Captain, Coast Guard, Captain of the Port Boston, Massachusetts.
[FR Doc. 03-16965 Filed 7-3-03; 8:45 am]
BILLING CODE 4910-15-P