[Federal Register Volume 72, Number 121 (Monday, June 25, 2007)]
[Rules and Regulations]
[Pages 34610-34612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12137]
[[Page 34610]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-07-072]
RIN 1625-AA00
Safety Zone; Boston Pops Fireworks, Boston, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the ``Boston Pops Esplanade Fireworks'' display on July 4, 2007 with a
rain date of July 5, 2007 in Boston, Massachusetts, temporarily closing
all navigable waters of the Charles River within a four hundred (400)
yard radius of the fireworks launch barges located at approximate
position 42[deg]21.28' N, 071[deg]05.00' W. 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
temporarily prohibits entry into or movement within this portion of the
Charles River during its closure period.
DATES: This rule is effective from 9 p.m. EDT on July 4, 2007 until
11:30 p.m. EDT on July 4, 2007 with a rain date of July 5, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-07-072 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: Petty Officer Joseph Yonker, Sector
Boston, Waterways Safety and Response Division, at (617) 223-5007.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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. The logistics with respect to
the fireworks presentation were not determined with sufficient time to
draft and publish an NPRM. Any delay encountered in this regulation's
effective date would be contrary to the public interest since the
safety zone is needed to prevent traffic from transiting a portion of
the Charles River 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. Any delay encountered in this
regulation's effective date would be contrary to the public interest
since the safety zone is needed to prevent traffic from transiting a
portion of the Charles River during the fireworks event thus ensuring
that the maritime public is protected from any potential harm
associated with such an event.
Background and Purpose
``Boston 4 Celebrations,'' the organization responsible for
Boston's Fourth of July event, is holding a fireworks display in honor
of Independence Day. This rule establishes a temporary safety zone on
the navigable waters of the Charles River within a four hundred (400)
yard radius of the fireworks launch barges located at approximate
position 42[deg]21.28' N, 071[deg]05.00' W. This safety zone is
necessary to protect the maritime public from the dangers posed by this
event. It will protect the public by prohibiting entry into or movement
within the proscribed portion of the Charles River during the fireworks
display.
Marine traffic may transit safely outside of the zone during the
effective period. 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 and during the effective period via
safety marine information broadcasts and Local Notice to Mariners.
Discussion of Rule
This rule is effective from 9 p.m. EDT on July 4, 2007 until 11:30
p.m. EDT on July 4, 2007 with a rain date of 9 p.m. EDT on July 5, 2007
until 11:30 p.m. EDT on July 5, 2007. Marine traffic may transit safely
outside of the safety zone in the majority of the Charles River during
the event. Given the limited timeframe of the effective period of the
zone, the size of the river and the size of the zone itself, the
Captain of the Port anticipates minimal negative impact on vessel
traffic due to this event. Public notifications will be made prior to
and during the effective period via 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.
Although this rule will prevent traffic from transiting a portion
of the Charles River during this event, the effect of this rule will
not be significant for several reasons: Vessels will be excluded from
the area of the safety zone for only two and one-half 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), 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 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 9 p.m. until
11:30 p.m. EDT on July 4, 2007 or the same times on July 5, 2007 as a
rain date. 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 subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard
wants to assist small entities in understanding this rule so that they
can better evaluate its effects on them and participate in the
rulemaking process. If this rule will affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please call Petty
Officer Joseph Yonker, Sector Boston, Waterways Management Division, at
(617) 223-5007.
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
[[Page 34611]]
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). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
Collection of Information
This rule calls 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 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 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 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 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 create 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
and Department of Homeland Security Management Directive 5100.1, which
guide 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. This rule fits the category selected from paragraph
(34)(g), as it would establish a safety zone that will be in effect for
only two and one-half hours.
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; 33 CFR 1.05-1, 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. Add temporary Sec. 165.T07-072 to read as follows:
Sec. 165.T01-072 Safety Zone: Boston Pops Fireworks, Boston,
Massachusetts.
(a) Location. The following area is a safety zone:
All navigable waters of the Charles River within a four hundred
(400) yard radius of the fireworks launch barges located at approximate
position 42[deg]21.28' N, 071[deg]05.00' W.
(b) Effective Date. This rule is effective from 9 p.m. EDT on July
4, 2007 until 11:30 p.m. EDT on July 4, 2007 with a rain date of 9 p.m.
EDT on July 5, 2007 until 11:30 p.m. EDT July 5, 2007.
(c) Definitions. As applied to this section;
(1) Designated on-scene U.S. Coast Guard patrol personnel means
commissioned officers, warrant officers, and petty officers of the
Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state,
and federal law enforcement vessels.
(2) [Reserved]
(d) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into or movement within this zone by any
person or vessel is prohibited unless authorized by the Captain of the
Port (COTP), Boston or the COTP's designated representative.
(2) All vessel operators shall comply with the instructions of the
COTP or the designated on-scene U.S. Coast Guard patrol personnel. The
safety zone is
[[Page 34612]]
closed to all vessel traffic, except as may be permitted by the COTP or
the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative on
VHF Channel 16 (156.8 MHz) to seek permission to do so. If permission
is granted, vessel operators must comply with all directions given to
them by the COTP or the COTP's designated representative.
Dated: June 12, 2007.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. E7-12137 Filed 6-22-07; 8:45 am]
BILLING CODE 4910-15-P