[Federal Register Volume 70, Number 86 (Thursday, May 5, 2005)]
[Proposed Rules]
[Pages 23824-23826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8927]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-05-035]
RIN 1625-AA00


Safety Zone; Legal Seafood Firework Display Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for the Legal Seafood Firework Display in Boston, Massachusetts. The 
safety zone would temporarily close all waters of Boston Harbor within 
a 400-yard radius of the fireworks barge, temporarily prohibiting entry 
into or movement within this portion of Boston Harbor. This safety zone 
is necessary to provide for the safety of life and property during a 
firework display.

DATES: Comments and related material must reach the Coast Guard on or 
before May 20, 2005.

ADDRESSES: You may mail comments and related materials to Sector 
Boston, 427 Commercial Street, Boston, MA. Sector 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 are part of docket CGD01-05-035 and are 
available for inspection or copying at Sector Boston, 427 Commercial 
Street, Boston, MA, between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Paul English, 
Sector Boston, Waterways Safety and Response Division, at (617) 223-
3010.

SUPPLEMENTARY INFORMATION:

Request for Comments

    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 the rulemaking (CGD01-05-
035), 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 materials in an unbound format, no larger than 
8.5 by 11 inches, suitable for copying. If you would like to know that 
your submission reached us, please enclose a stamped, self-addressed 
postcard or envelope. We

[[Page 23825]]

may change this proposed rule in view of them.
    If, as we anticipate we make this temporary final rule effective 
less than 30 days after publication in the Federal Register, we will 
explain in that publication, as required by 5 U.S.C. (d)(3), our good 
cause for doing so.

Public Meeting

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

Background and Purpose

    This rule proposes to establish a safety zone in Boston Harbor 
within a 400-yard radius of the fireworks barge located at approximate 
position 42[deg]21.280' N, 071[deg]2.123' W. The firework event is 
being sponsored by Legal Seafoods. The safety zone would be in effect 
from 9:30 p.m. until 10:30 p.m. on June 17, 2005.
    The zone would temporarily restrict movement within this portion of 
Boston Harbor and is needed to protect the maritime public from the 
potential dangers posed by a fireworks display. Marine traffic may 
transit safely outside of the safety zone during the effective period. 
The Captain of the Port does not anticipate any negative impact on 
vessel traffic as a result of this event. Public notifications will be 
made prior to the effective period via safety marine information 
broadcasts and local notice to mariners.

Discussion of Proposed Rule

    The safety zone will be in effect from 9:30 p.m. until 10:30 p.m. 
on June 17, 2005. Marine traffic may transit safely outside of the 
safety zone in the majority of Boston Harbor during the event.
    Because of the limited time and because the zone leaves the 
majority of Boston Harbor open for navigation, 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 Notice to Mariners and marine information broadcasts.

Regulatory Evaluation

    This proposed 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 so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DHS is unnecessary. Although this 
rule will prevent traffic from transiting a portion of Boston Harbor 
during the effective periods, the effects of this rule will not be 
significant for several reasons: vessels will only be excluded from the 
area of the safety zone for 1 hour, vessels will be able to operate in 
the majority of Boston Harbor 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), we have 
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 proposed rule would 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 Harbor from 9:30 
p.m. to 10:30 p.m. on June 17, 2005.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: this 
rule will be in effect for only 1 hour, vessel traffic can safely pass 
around the safety zone, and advance notifications will be made to the 
local maritime community by marine information broadcasts and Local 
Notice to Mariners.

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

    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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule will 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 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

    We have 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 
create an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed 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.

[[Page 23826]]

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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, we believe that this rule should be categorically excluded, 
under figure 2-1, paragraph (34) (g) of the Instruction, from further 
environmental documentation.
    Under figure 2-1, paragraph (34) (g), of the Instruction, an 
``Environmental Analysis Check List'' is not required for the rule. 
Comments on this section will be considered before we make the final 
decision on whether to categorically exclude this rule from further 
environmental review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Security measures.

    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. 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.

    2. From 9:30 p.m. until 10:30 p.m. on June 17, 2005, add temporary 
Sec. 165.T01-035 to read as follows:


165.T01-035  Safety Zone; Legal Seafood Fireworks Display Boston, 
Massachusetts.

    (a) Location. The following area is a safety zone:
    All waters of Boston Harbor within a 400-yard radius of the 
fireworks barge located at approximate position 42[deg]21.280' N, 
071[deg]2.123' W.
    (b) Effective date. This section is effective from 9:30 p.m. until 
10:30 p.m. EDT on June 17, 2005.
    (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: April 24, 2005.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 05-8927 Filed 5-4-05; 8:45 am]
BILLING CODE 4910-15-P