[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Proposed Rules]
[Pages 59313-59316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23275]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0503]
RIN 1625-AA00


Safety Zones; Captain of the Port Boston Fireworks Display Zones, 
Boston Harbor, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish six permanent safety 
zones throughout Boston Inner Harbor to be enforced during fireworks 
displays. These six permanent safety zones would expedite public 
notification of a fireworks event and ensure the protection of the 
maritime public and event participants from the hazards associated with 
the fireworks display.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 12, 2013.
    Requests for public meetings must be received by the Coast Guard on 
or before October 17, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0503 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Mark Cutter, Coast Guard Sector Boston Waterways 
Management Division, telephone 617-223-4000, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2013-0503), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2013-0503] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a

[[Page 59314]]

Comment'' on the line associated with this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2013-0503) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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.

B. Regulatory History and Information

    In previous years, the Coast Guard has established multiple 
temporary safety zones throughout the inner harbor on a case-by-case 
basis to ensure the protection of the maritime public and event 
participants from hazards associated with firework displays. The Coast 
Guard now proposes to create permanent safety zones in the inner harbor 
that will be enforced intermittently as fireworks events arise. The 
Coast Guard has taken no previous regulatory action to establish these 
permanent safety zones and has received no public comments or concerns 
regarding the impact to waterway traffic from the past case-by-case 
safety zone establishment.

C. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1231, 1233; 46 
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1 and 
160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to define regulatory safety zones.
    Fireworks displays are held multiple times throughout the course of 
the year on the navigable waters within Boston Inner Harbor. In the 
past, to ensure the protection of the maritime public and event 
participants from the hazards associated with these marine events, the 
Coast Guard has established a safety zone around each display in 
response to a request from the fireworks display organizer. 
Establishing individual safety zones in this case-by-case manner has 
proved to be administratively cumbersome.
    To relieve administrative overhead and better apprise the public on 
designated safety locations, this proposed rule will establish safety 
zones that will remain in effect permanently but will be enforced only 
upon request of a fireworks display organizer. These permanent safety 
zones will be published in Title 33 of the Code of Federal Regulations.
    By establishing a permanent regulation containing these designated 
safety zones, the Coast Guard will eliminate the need to establish a 
temporary final rule for each fireworks display that occurs in Boston 
Harbor. This will alleviate the unnecessary administrative costs and 
burden associated with continually establishing temporary final rules 
for each event year after year.

D. Discussion of Proposed Rule

    For the reason discussed above, the Coast Guard proposes to 
establish six permanent safety zones in a new section 33 CFR 165.119. 
Although these six proposed safety zones will be in effect permanently, 
the proposed rule will only be enforced immediately before, during, and 
after a fireworks display. The Coast Guard anticipates that these 
safety zones will be enforced between the hours of 6 p.m. (e.s.t) and 1 
a.m. (e.s.t), but the exact dates and times of enforcement will be 
published in the Federal Register via a Notice of Enforcement. The 
Coast Guard will also provide notice of enforcement through Local 
Notice to Mariners (LNM) and Broadcast Notice to Mariners (BNTM) prior 
to each event.
    These six proposed safety zones are the Charlestown Safety Zone, 
the Long Wharf Safety Zone, the Fan Pier Safety Zone, the Pier 6 Safety 
Zone, the North Jetty Safety Zone, and the Castle Island Safety Zone. 
The exact coordinates and sizes of each safety zone are listed below. 
The Coast Guard expects that during an enforcement period a safety zone 
will have a barge within the zone with a ``FIRWORKS-STAY AWAY'' sign on 
its port and starboard sides.
    No vessels, except for fireworks barge and accompanying vessels, 
will be allowed to enter into, transit through, or anchor within a 
safety zone during an enforcement period without the permission of the 
COTP or the designated on-scene representative.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, 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.
    We expect the economic impact of this proposed rule to be minimal. 
Although this regulation may have some impact on the public, that 
potential impact will likely be minimal for several reasons. First, 
although these proposed safety zones will be in effect permanently, 
each will be enforced only during a fireworks display. Based on past 
history, fireworks displays usually require enforcement for no more 
than two hours during the evening. Second, it is likely that the Coast 
Guard will enforce only one zone at a time. Third, vessels may enter or 
pass through a safety zone during an enforcement period with the 
permission of the Captain of the Port (COTP) or the COTP's designated 
on-scene representative. Finally, the Coast Guard will provide advance 
notification to the public anytime it intends to enforce one of these 
safety zones. Notification will be made through a Notice of

[[Page 59315]]

Enforcement published in the Federal Register and also through the 
local Notice to Mariners, Broadcast Notice to Mariners well in advance 
of the event.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 
proposed 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 might be small entities: owners or operators of vessels intending 
to transit, fish, or anchor in the areas where the listed annual 
recurring events are being held. The proposed rule would not have a 
significant impact on a substantial number of small entities for all of 
the same reasons discussed in the Regulatory Planning and Review 
section.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed under FOR FURTHER INFORMATION CONTACT. 
The Coast Guard will not retaliate against small entities that question 
or complain about this proposed rule or any policy or action of the 
Coast Guard.

4. 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.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. 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.

10. Protection of Children From Environmental Health Risks

    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 would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action may be one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment.
    A preliminary environmental analysis checklist supporting this 
determination will be available in the docket where indicated under 
ADDRESSES. This proposed rule involves the establishment of designated 
safety zones. This rule may be categorically excluded, under figure 2-
1, paragraph (34)(g) of the Instruction.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    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

0
1. The authority citation for part 165 continues to read as follows:


[[Page 59316]]


    Authority: 33 U.S.C. 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, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add Sec.  165.119 to read as follows:


Sec.  165.119  Safety Zones; Coast Guard Captain of the Port Boston 
Fireworks Displays.

    (a) Boston Inner Harbor. The following areas are safety zones:
    (1) Charlestown Safety Zone: All waters of Boston inner Harbor 
within a 700-foot radius of the fireworks barge in approximate position 
42[deg]22'12.7'' N 071[deg]02'53'' W (NAD 1983), located off of Pier 5 
Charlestown Navy Yard.
    (2) Long Wharf Safety Zone: All waters of Boston inner Harbor 
within a 700-foot radius of the fireworks barge in approximate position 
42[deg]21'41.2'' N 071[deg]02'36.5'' W (NAD 1983), located off of Long 
Wharf, Boston MA.
    (3) Fan Pier Safety Zone: All waters of Boston inner Harbor within 
a 700-foot radius of the fireworks barge in approximate position 
42[deg]21'23.2'' N 071[deg]02'26'' W (NAD 1983), located off of the Fan 
Pier, South Boston, MA.
    (4) Pier 6 Safety Zone: All waters of Boston inner Harbor within a 
700-foot radius of the fireworks barge in approximate position 
42[deg]21'11.9'' N 071[deg]02'1.3'' W (NAD 1983), located off of Pier 
6, South Boston, MA.
    (5) North Jetty Safety Zone: All waters of Boston inner Harbor 
within a 700-foot radius of the fireworks barge in approximate position 
42[deg]21'01'' N 071[deg]01'31.7'' W (NAD 1983), located off of the 
North Jetty, South Boston, MA.
    (6) Castle Island Safety Zone: All waters of Boston inner Harbor 
within a 700-foot radius of the fireworks barge in approximate position 
42[deg]20'27.4'' N 071[deg]00'28.1'' W (NAD 1983), located off of the 
Castle Island, South Boston, MA.
    (b) Notification. Coast Guard Sector Boston will cause notice of 
the enforcement of these safety zones to be made by all appropriate 
means to affect the widest publicity among the affected segments of the 
public, including Notice of Enforcement published in the Federal 
Register and through the local Notice to Mariners, Broadcast Notice to 
Mariners in advance of the event. Fireworks barges used in these 
locations will also have a sign on their port and starboard side 
labeled ``FIREWORKS--STAY AWAY''. This sign will consist of 10'' high 
by 1.5'' wide red lettering on a white background.
    (c) Enforcement period. The Coast Guard anticipates that these 
safety zones will be enforced between the hours 6 p.m. (e.s.t.) and 1 
a.m. (e.s.t.). The exact dates and times will be published as described 
in paragraph (b) of this section.
    (d) Definitions. For purposes of this section ``Designated on-scene 
representative'' is any Coast Guard commissioned, warrant, or petty 
officer who has been designated by the Captain of the Port Boston 
(COTP) to act on the COTP's behalf. The designated representative may 
be on an Official Patrol Vessel; Official Patrol Vessel may consist of 
any Coast Guard, Coast Guard Auxiliary, State, or local law enforcement 
vessels assigned or approved by the COTP or the designated on-scene 
representative may be on shore and will communicate with vessels via 
VHF-FM radio or loudhailer. In addition, members of the Coast Guard 
Auxiliary may be present to inform vessel operators of this regulation.
    (e) Regulations. No vessels, except for fireworks barge and 
accompanying vessels, will be allowed to enter into, transit through, 
or anchor within the safety zone during an enforcement period without 
the permission of the COTP or the designated on-scene representative.
    (f) Compliance. All persons and vessels shall comply with the 
instructions of the COTP or the designated on-scene representative. 
Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light, or other means, the operator of a vessel shall proceed 
as directed.
    (g) Contact information. Vessel operators desiring to enter or 
operate within a safety zone during a period of enforcement shall 
contact the COTP or the designated on-scene representative via VHF 
channel 16 or 617-223-3201 (Sector Boston command Center) to obtain 
permission.

    Dated: September 11, 2013.
J.C. O'Connor III,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2013-23275 Filed 9-25-13; 8:45 am]
BILLING CODE 9110-04-P