[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Rules and Regulations]
[Pages 34355-34357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11672]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD1-05-036]
RIN 1625-AA00


Safety Zone: Boston Fourth of July Fireworks--Charles River, 
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 Boston Fourth of July Fireworks. The safety zone is necessary to 
protect the life and property of the maritime public from the potential 
hazards posed by a fireworks display. The safety zone will temporarily 
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. e.d.t. on July 4, 2005 until 
11:30 p.m. e.d.t. on July 4, 2005, with a rain date of July 5, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-05-036 and are available for 
inspection or copying at Sector Boston, 427 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 Paul English, 
Sector Boston, Waterways Management Division, at (617) 223-5750.

SUPPLEMENTARY INFORMATION:

Regulatory History

    We 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. An NPRM was not published for 
this regulation because the final details regarding the nature of the 
zone were not determined with sufficient time to draft and publish an 
NPRM. Any delay encountered in the regulation's effective date would be 
contrary to public interest since the safety zone is needed to prevent 
traffic from transiting a portion of the Charles River, Boston, 
Massachusetts, during the fireworks display and to provide for the 
safety of life on navigable waters. 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. The zone 
should have minimal negative impact on vessel use of the Charles River 
because vessels will only be excluded from the area of the safety zone 
for 4.5 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 as part of 
Boston's celebration in honor of Independence Day. This regulation 
establishes a temporary 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.
    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 during the fireworks display.

Discussion of Rule

    The safety zone is in effect from 7 p.m. EDT until 11:30 p.m. EDT 
July 4, 2005 with a rain date of July 5, 2005. 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 so 
minimal that a full Regulatory Evaluation under of the regulatory 
policies and procedures of DHS is unnecessary.
    Although this regulation prevents vessel traffic from transiting 
into a portion of the Charles River during this event, the effect of 
this regulation will not be significant for several reasons: vessels 
will only be excluded from the area of the safety zone for 4.5 hours; 
although vessels will not be able to transit the river in the vicinity 
of the zone, they will be able to operate in other areas of the river 
during the effective period; 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

[[Page 34356]]

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. EDT 
until 11:30 p.m. EDT July 4, 2005 with a rain date of July 5, 2005. 
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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, Federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

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

    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 State, local or tribal governments, in the 
aggregate, or by the private sector of $100,000,000 or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

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

    We have 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 
Considering 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 standard.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
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 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. This rule fits the category selected from paragraph 
(34)(g), as it would establish a safety zone. A final ``Environmental 
Analysis Check List'' and a final ``Categorical Exclusion 
Determination'' will be 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.


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.

[[Page 34357]]


0
2. Add temporary section 165.T05-036 to read as follows:


Sec.  165.T05-036  Safety Zone: Boston 4th of July Fireworks, Charles 
River, Boston, Massachusetts.

    (a) Location. The following area is a safety zone: All waters of 
the Charles River within a 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.
    (b) Effective Date. This section is effective from 7 p.m. e.d.t. 
until 11:30 p.m. e.d.t. on July 4, 2005, with a rain date of July 5, 
2005.
    (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.
    (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: June 2, 2005.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 05-11672 Filed 6-13-05; 8:45 am]
BILLING CODE 4910-15-P