[Federal Register Volume 69, Number 141 (Friday, July 23, 2004)]
[Rules and Regulations]
[Pages 43904-43906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16831]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-04-046]
RIN 1625-AA00


Safety Zone; Democratic Governors Association Fireworks Display--
Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Democratic Governors Association Fireworks Display on July 26, 2004 
in Boston, MA, temporarily closing all waters of Boston Inner Harbor 
within a 400 yard radius of the fireworks barge. This action is 
necessary to protect the public from hazards posed by a fireworks 
display. The safety zone prohibits entry into or movement within this 
portion of Boston Inner Harbor during the closure period.

DATES: This rule is effective from 10 p.m. until 11 p.m. e.d.t. on July 
26, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-04-046 and are available for 
inspection or copying at Marine Safety Office Boston, 455 Commercial 
Street, Boston, MA between 9 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

    The Coast Guard did not publish a notice of proposed rulemaking 
(NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard 
finds that good cause exists for not publishing an NPRM. Information on 
the fireworks display was not supplied to the Coast Guard in sufficient 
time to draft and publish an NPRM. Any delay encountered in this 
regulation's effective date would be contrary to public interest since 
the safety zone is needed to prevent traffic from transiting a portion 
of Boston Harbor, Massachusetts during the fireworks event and to 
provide for the safety of life on navigable waters. Additionally, the 
zone will have a negligible impact on vessel transits due to the fact 
that vessels will be limited from the area for only one hour, and 
vessels can still transit in other areas in the majority of Boston 
Harbor during the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Any delay encountered in this 
regulation's effective date would be contrary to public interest since 
the safety zone is needed to prevent traffic from transiting a portion 
of Boston Harbor, Massachusetts during the fireworks event and to 
provide for the safety of life on navigable waters. Additionally, the 
zone should have a negligible impact on vessel transits due to the fact 
that vessels will be limited from the area for only one hour, and 
vessels can still transit in other areas in the majority of Boston 
Harbor during the event.

Background and Purpose

    This regulation establishes a safety zone in Boston Inner Harbor 
within a 400-yard radius of the fireworks barge located at position 
42[deg]22.263'' N, 071[deg]02.956'' W. The safety zone is in effect 
from 10 p.m. until 11 p.m. on July 26, 2004.
    The zone restricts movement within this portion of Boston Inner 
Harbor 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 anticipates minimal 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.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone for the 
Democratic Governors Association Fireworks Display on July 26, 2004 in 
Boston, MA, temporarily closing all waters of Boston Inner Harbor 
within a 400-yard radius of the fireworks barge located at approximate 
position 42[deg]22.263'' N, 071[deg]02.956'' W. This action is 
necessary to protect the public from hazards posed by a fireworks 
display. The safety zone prohibits entry into or movement within this 
portion of

[[Page 43905]]

Boston Inner Harbor during the closure period.

Regulatory Evaluation

    This 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 Homeland Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of Boston Inner Harbor during the effective period, the affects of this 
regulation will not be significant for several reasons: that vessels 
will be restricted from the area for only a minimal time period, 
vessels may safely transit outside of the safety zone, and advance 
notifications which 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 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 Boston Inner Harbor on July 26, 2004. 
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 period is limited in duration, and advance notifications 
will be made to the local maritime community by safety marine 
information broadcasts and local notice to mariners.

Assistance for Small Entities

    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule will 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.

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule does not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule does 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 rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Execute 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, 
because it does not have 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.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation.
    A draft ``Environmental Analysis Check List'' and a draft 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under

[[Page 43906]]

ADDRESSES. Comments on this section will be considered before we make 
the final decision on whether the rule should be categorically excluded 
from further environmental review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Temporarily add Sec.  165.T01-046 to read as follows:


Sec.  165.T01-046   Safety Zone: Democratic Governors Association 
Fireworks Display--Boston, Massachusetts.

    (a) Location. The following area is a safety zone:
    All waters of Boston Inner Harbor within a 400-yard radius of the 
fireworks barge located at position 42[deg]22.263'' N, 071[deg]02.956'' 
W.
    (b) Effective date. This section is effective from 10 p.m. until 11 
p.m. on July 26, 2004.
    (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 (COTP).
    (2) All vessel operators shall comply with the instructions of the 
COTP or the designated on-scene US 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: July 15, 2004.
Brian M. Salerno,
Captain, U. S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 04-16831 Filed 7-20-04; 2:56 pm]
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