[Federal Register Volume 73, Number 59 (Wednesday, March 26, 2008)]
[Rules and Regulations]
[Pages 15902-15904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6149]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0173]
RIN 1625-AA00


Safety Zone; Longwood Events Wedding Fireworks Display, Boston 
Harbor, 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 Longwood Events Wedding Fireworks display to be held on March 29, 
2008 in Boston, Massachusetts. The zone temporarily closes all waters 
of Boston Harbor within a four hundred (400) yard radius of the 
fireworks launch site located in Boston Harbor at approximate position 
42[deg]21'42'' N, 071[deg]2'36'' W. The safety zone is necessary to 
protect the maritime public from the potential hazards posed by a 
fireworks display. Entry into this zone is prohibited during the 
closure period unless authorized by the Captain of the Port Boston, 
Massachusetts.

DATES: This rule is effective from 8:45 p.m. through 9:45 p.m. on March 
29, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0173 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying two locations: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and the Sector 
Boston, Prevention Department, 427 Commercial Street, Boston, MA 02109 
between 7 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Chief Petty Officer Eldridge McFadden, Waterways 
Management Division at 617-223-5160. If you have questions on viewing 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

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, because 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 Boston Harbor during the fireworks display and 
to provide for the safety of life on navigable waters. For the same 
reasons, 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.

Background and Purpose

    Atlas Pyrovision is conducting a fireworks display on behalf of a 
wedding coordinated by Longwood Events. This rule establishes a 
temporary safety zone on the waters of Boston Harbor within a four 
hundred (400) yard radius of the fireworks launch site located in 
Boston harbor at approximate position 42[deg]21'42'' N, 071[deg]2'36'' 
W. This safety zone is necessary to protect the life and property of 
the maritime public from the potential dangers posed by this event. The 
zone will protect the public by prohibiting entry into or movement 
within the proscribed portion of Boston Harbor 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 8:45 p.m. through 9:45 p.m. on March 
29, 2008. Marine traffic may transit safely outside of the safety zone 
in the majority of Boston Harbor during the event. Given the limited 
time-frame of the effective period of the zone and the time of the 
event, the Captain of the Port anticipates minimal negative impact on 
vessel

[[Page 15903]]

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.
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
rule will prevent traffic from transiting a portion of Boston Harbor 
during the fireworks display, the effect of this rule will not be 
significant for several reasons: Vessels will be excluded from the 
safety zone for less than one hour, vessels, although excluded from the 
zone, will have sufficient navigable water to safely maneuver in the 
waters surrounding the zone; 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 Boston Harbor from 8:45 p.m. through 9:45 
p.m. on March 29, 2008. This safety zone will not have a significant 
economic impact on a substantial number of small entities for the 
reason 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 offer to assist small 
entities in understanding the rule so that they can 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). 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 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 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

[[Page 15904]]

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. Under figure 2-1, paragraph (34)(g), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule 
because it concerns an emergency situation of less than 1 week in 
duration.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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, 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.T01-0173 to read as follows:


Sec.  165.T01-0173  Safety Zone: Longwood Events Wedding Fireworks 
Display, Boston Harbor, Boston, MA.

    (a) Location. The following area is a safety zone:
    All waters of Boston Harbor, from surface to bottom, within a four 
hundred (400) yard radius of the fireworks launch site located in 
Boston Harbor at approximate position 42[deg]21'42'' N, 071[deg]2'36'' 
W.
    (b) Effective Date. This rule is effective from 8:45 p.m. through 
9:45 p.m. on March 29, 2008.
    (c) Definitions. (1) Designated representative means a Coast Guard 
Patrol Commander, including a Coast Guard coxswain, petty officer, or 
other officer operating a Coast Guard vessel or a Federal, State, or 
local officer designated by or assisting the Captain of the Port 
(COTP).
    (2) [Reserved]
    (d) Regulations. (1) In accordance with the general regulations in 
section 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) The safety zone is 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 to 
obtain permission by calling the Sector Boston Command Center at 617-
223-5761. Vessel operators given permission to enter or operate in the 
safety zone must comply with all directions given to them by the COTP 
or the COTP's designated representative.

    Dated: March 12, 2008.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the Port, Sector Boston.
 [FR Doc. E8-6149 Filed 3-25-08; 8:45 am]
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