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

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) was not published for this regulation. Good cause exists for not publishing an NPRM and for making this regulation effective in less than 30 days after Federal Register publication. Conclusive information about this event was not provided to the Coast Guard until June 14, 1999, making it impossible to draft or publish an NPRM or a final rule 30 days in advance. Publishing an NPRM and delaying its 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 14, 1999, Conventures Inc., Boston, MA, filed a marine event permit with the Coast Guard to hold a fireworks program over the waters of Boston Harbor, Boston, MA. This regulation establishes a safety zone on the waters of Boston Harbor in a four hundred (400) yard radius around a fireworks barge located off the U.S. Coast Guard Base in approximate position 42 deg.22'12'' N, 071 deg.02'53'' W (NAD 1983), Boston Harbor, MA. The safety zone is in effect from 9:00 p.m. until 11:00 p.m. Saturday, July 24, 1999. This safety zone prevents entry into or movement within this portion of Boston Harbor and it is needed to protect the boating public from the dangers posed by a 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 regulation to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary since the safety zone will be limited in duration, marine advisories will be made in advance of the implementation of the safety zone.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considered whether this rule would have a significant economic impact on a substantial number of small entities. ``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 rule will not have

a significant impact on a substantial number of small entities.

Collection of Information

This rule 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 rule under the principles and criteria contained in Executive Order 12612 and has determined that this 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:

PART 165--[AMENDED]

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, 160.5; 49 CFR 1.46.

Add temporary Sec. 165.T01-110 to read as follows:

Sec. 165.T01-110 Safety zone; Fireworks, Parade of Lights, Boston, MA.

(a) Location. The following area is a safety zone: all waters of Boston Harbor in a four hundred (400) yard radius around a fireworks barge located off of the U.S. Coast Guard Base in approximate position 42 deg.22'12''N, 071 deg.02'53''W (NAD 1983), Boston, MA. (b) Effective date. This section is effective from 9:00 p.m. until 11:00 p.m., Saturday, July 24, 1999. (c) Regulations. (1) In accordance with the general regulations in Sec. 165.23 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 COTP 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 9, 1999. M.A. Skordinski, Commander, U.S. Coast Guard, Alternate Captain of the Port, Boston, Massachusetts. [FR Doc. 99-18484 Filed 7-20-99; 8:45 am] BILLING CODE 4910-15-M