Ports and waterways safety: Boston Harbor, MA; safety zone,

[Federal Register: July 22, 1998 (Volume 63, Number 140)]

[Rules and Regulations]

[Page 39236-39237]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr22jy98-10]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-083]

RIN 2115-AA97

Safety Zone: Parade of Lights Fireworks Display, Boston Harbor, Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is establishing a temporary safety zone for the Parade of Lights Fireworks Display in Boston Inner Harbor, Boston, MA. The safety zone is in effect from 9 p.m. until 11 p.m. on July 25, 1998. The safety zone temporarily closes all waters of Boston Harbor within four hundred (400) yards of the fireworks barge moored in approximate position 42 deg.22'07'' N, 071'02'49'' W, approximately 400 yards east of the Coast Guard Integrated Support Command Boston. The safety zone is needed to protect vessels from the hazards posed by a fireworks display.

DATES: This rule is effective from 9 p.m. until 11 p.m. on Saturday July 25, 1998.

FOR FURTHER INFORMATION CONTACT: LT Mike Day, Waterways Management Division, Coast Guard Marine Safety Office Boston, (617) 223-3002.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) was not published for this regulation, and good cause exists for making it effective in less than 30 days after Federal Register publication. Any delay encountered in this regulation's effective date would be contrary to the public interest since immediate action is needed to close a portion of the waterway and protect the maritime public from the hazards associated with this fireworks display, which is intended for public entertainment.

Background and Purpose

On June 11, 1998 Conventures Incorporated fileda marine event permit with the Coast Guard to hold a fireworks program on Boston Harbor. This

[[Page 39237]]

regulation establishes a safety zone in all waters of Boston Harbor within four hundred (400) yards of the fireworks barge moored approximately 400 yards east of the Coast Guard Integrated Support Command, Boston. This safety zone is in effect from 9 p.m. until 11 p.m. on Saturday July 25, 1998. This safety zone prevents movement within the zone and is needed to protect the boating public viewing this display from the dangers posed by the fireworks display.

Regulatory Evaluation

This final rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that order. It has not been reviewed by the Office of Management and Budget under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. Deep draft vessel traffic, fishing vessels and tour boats may experience minor delays in departures or arrivals due to the safety zone. Costs to the shipping industry from these regulations, if any, will be minor and have no significant adverse financial effect on vessel operators. In addition, due to the limited number and duration of the arrivals, departures and harbor transits, the Coast Guard expects the economic impact of this regulation to be so minimal that a Regulatory Evaluation is unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider the economic impact on small entities of a rule for which a general notice of proposed rulemaking is required. Small entities may include (1) small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields and (2) governmental jurisdictions with populations of less than 50,000.

For the reasons discussed in the Regulatory Evaluation above, the Coast Guard certifies under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not have a significant impact on a substantial number of small entities.

Collection of Information

This proposal contains no collection of information requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this final rule under the principles and criteria contained in Executive Order 12612, and has determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the environmental impact of this final rule and concluded that, under Figure 2-1, paragraph 34(g), of Commandant Instruction M16475.1C, this final rule is categorically excluded from further environmental documentation. A ``Categorical Exclusion Determination'' is available in the docket for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, security measures, Waterways.

Regulation

For reasons set out in the preamble, the Coast Guard amends 33 CFR Part 165 as follows:

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

   Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

2. Add temporary section 165.T01-083 to read as follows:

   Sec. 165.T01-083 Safety Zone: Parade of Lights Fireworks Display, Boston Harbor, Boston, MA.

   (a) Location. The following area is a safety zone:

   All waters of Boston Harbor within four hundred (400) yards of the fireworks barge moored in approximate position 42 deg.22'07''N, 071 deg.02'49''W, approximately 400 yards east of the Coast Guard Integrated Support Command Boston.

   (b) Effective date. This section is effective from 9 p.m. until 11 p.m. on Saturday July 25, 1998.

   (c) Regulations. (1) In accordance with the general regulations in Sec. 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 persons and vessels shall comply with the instructions of the Captain of the Port or the designated on-scene U.S. Coast Guard patrol personnel. U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard.

   (3) The general regulations covering safety zones in Sec. 165.23 of this part apply.

   Dated: July 2, 1998. J. L. Grenier, Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.

   [FR Doc. 98-19426Filed7-21-98; 8:45 am]

   BILLING CODE 4910-15-M