[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Rules and Regulations]
[Pages 33302-33304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13137]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0363]
RIN 1625-AA00


Safety Zone: Parexel Fireworks Display

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is creating a temporary safety zone for the 
Parexel Fireworks display to be held on June 23, 2008 in Boston, 
Massachusetts. The zone temporarily closes all waters of Boston Harbor 
within a three hundred (300) yard radius of the fireworks launch site 
located in Boston Harbor at approximate position 42[deg]21[min]26[sec] 
N., 071[deg]2[min]38[sec] 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.

DATES: This rule is effective from 9:00 p.m. through 11:00 p.m. on June 
23, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0363 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying at 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 U.S. Coast 
Guard, Sector Boston, 427 Commercial St, 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 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.
    As the fireworks display is scheduled to occur on June 23, 2008, 
any delay encountered in the 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 thus ensuring that the maritime public is protected 
from any potential harm associated with such an event. Additionally, 
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 two hours; small 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.

Background and Purpose

    Parexel is holding a fireworks display for a corporate celebration. 
This temporary rule established a temporary safety zone on the waters 
of Boston Harbor within a three hundred (300) yard radius of the 
fireworks launch site located in Boston harbor at approximate position 
42[deg]21[min]26[sec] N., 071[deg]2[min]38[sec] 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

    The Coast Guard is establishing a temporary safety zone in Boston 
Harbor, Boston, Massachusetts. The safety zone would be in effect from 
9 p.m. until 11 p.m. on June 23, 2008. Marine traffic may transit 
safely outside of the safety zone in Boston Harbor during the event. 
This safety zone will control vessel traffic during the fireworks 
display to protect the safety of the maritime public.
    Due to the limited time frame of the fireworks display, 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.

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 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 two hours, small 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.

[[Page 33303]]

    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 9 p.m. EDT through 11 p.m. 
on June 23, 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 
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 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, and Waterways.

0
For the reasons discussed in the preamble, the Coast Guard proposes to 
temporarily amend 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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T01-0363 to read as follows:


Sec.  165.T-01-0363  Safety Zone: Parexel Fireworks Display, Boston, 
MA.

    (a) Location. The following area is a safety zone: All waters of 
Boston Harbor, from surface to bottom, within a three hundred (300) 
yard radius of the fireworks launch site located in Boston

[[Page 33304]]

Harbor at approximate position 42[deg]21'26'' N, 071[deg]2'38'' W.
    (b) Effective Date. This rule is effective from 9:00 p.m. through 
11:00 p.m. on June 23, 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).
    (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) 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: June 2, 2008.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. E8-13137 Filed 6-11-08; 8:45 am]
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