[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Rules and Regulations]
[Pages 26846-26848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10760]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing six permanent safety zones
throughout Boston Inner Harbor to be enforced during certain fireworks
displays. These six permanent safety zones will expedite public
notification of certain fireworks events and ensure the protection of
the maritime public and event participants from the hazards associated
with maritime fireworks displays.
DATES: This rule is effective on June 11, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0503. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' Box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with the 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.
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 the docket,
call Barbara Hairston, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On Thursday, September 26, 2013 the Coast Guard published a notice
of proposed rulemaking (NPRM) in the Federal Register (78 FR 59313). No
Public meetings were requested or held. One formal written comment was
received.
B. Basis and Purpose
The legal basis for this 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 U.S. 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 temporary 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 rule will establish safety zones that
will remain in effect permanently but will be enforced When deemed
necessary by the Captain of the Port (COTP). 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. Moreover, the Coast Guard expects that
placing these safety zones in the Code of Federal Regulations on a
permanent basis will leave the public better informed about the
location of and conditions associated with recurring maritime fireworks
displays.
C. Discussion of Comments, Changes, and the Final Rule
For the reason discussed above, the Coast Guard is establishing six
permanent safety zones in a new section of the Code of Federal
Regulations, 33 CFR 165.119. Although these six safety zones will be in
effect permanently, the associated regulations 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 6:00 p.m. (e.s.t) and 1:00 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 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 ``FIREWORKS-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.
The one written comment received in the docket strongly supported
the establishment of these Safety Zones. However, the comment contained
two recommendations. First, the commenter recommended that the Coast
Guard automatically enforce a safety zone anytime a fireworks display
is going on within said safety zone rather than enforcing each zone
only after requested to do so by a fireworks organizer. The commenter
is correct that the NPRM states that the Coast Guard will enforce these
safety zones ``only upon request of a fireworks display organizer.''
The Coast Guard maintains continual awareness of planned fireworks
displays while exercising its authority under 33 CFR Part 100 and in
keeping with that authority, fireworks display organizers are required
to submit to the Coast Guard a marine event application. As a result,
the COTP becomes aware of a planned event and then has the option to
enforce a safety zone for that fireworks display.
Although the Coast Guard expects to enforce these safety zones only
after receiving a request, the Coast Guard may enforce them anytime
that the COTP determines that it is necessary for the purposes of
safety. This rule does
[[Page 26847]]
not abrogate the COTP's discretion to enforce a safety zone. Thus, if a
fireworks display were planned within one of these safety zones but no
request for enforcement was submitted to the Coast Guard, the Coast
Guard could still enforce the zone.
The second recommendation from the commenter pertained to fireworks
displays that might take place outside of one of these enumerated
zones. Specifically, the commenter recommended that the Coast Guard
ensure that fireworks displays happen only within these enumerated
zones. The commenter suggests that requiring fireworks displays to take
place only in an enumerated zone would decrease safety risks and
further cut down on administrative burdens. Once more, this rule does
not abrogate the COTP's discretion to take action that he or she deems
necessary in the interest of safety. Thus, if a fireworks display were
planned outside of one of these enumerated safety zones, the Coast
Guard has the authority to establish and enforce a safety zone around
that location. That said, based on the history of fireworks events in
Boston Harbor, the Coast Guard anticipates that most, if not all,
fireworks events will take place within one of these enumerated zones.
That is exactly why these enumerated zones are being established
permanently in the Code of Federal Regulations.
With all of the above in mind, the Coast Guard made no change to
this rule in response to the received comment.
D. Regulatory Analyses
We developed this 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 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, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this rule to be minimal. This
regulation may have some impact on the public, but that potential
impact will likely be minimal for several reasons. First, although
these 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. The Coast Guard does not expect to
concurrently enforce more than one safety zones at any one time. Third,
vessels may enter or pass through a safety zone during an enforcement
period with the permission of the COTP or the designated
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 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 entitles 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 received no comments from the Small Business
Administration on this rule. For the reasons discussed in the
REGULATORY PLANNING AND REVIEW section above, 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.
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 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 in the FOR FURTHER INFORMATION CONTACT,
above. 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.
4. 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).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on 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 rule under that Order and 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 rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. Taking of Private Property
This rule will 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 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 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.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination
[[Page 26848]]
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.
12. Energy Effects
This action 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this 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 concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of safety zones, and
thus, this action is categorically excluded from further review under,
paragraph 34(g) of figure 2-1 of the Commandant Instruction.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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. 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 Zone; Captain of the Port Boston Fireworks
display zones, Boston Harbor, Boston, MA.
(a) Boston Inner Harbor. The following areas are designated as
safety zones:
(1) Charlestown Safety Zone. All U.S. navigable 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 U.S. navigable 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 U.S. navigable 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 U.S. navigable 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 U.S. navigable 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 U.S. navigable 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 use all
appropriate means to notify the public in advance of an event of the
enforcement of these safety zones to include publishing a Notice of
Enforcement in the Federal Register and through the local Notice to
Mariners and Broadcast Notice to Mariners. 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 a ten inch
high by one and half inch wide red lettering on a white background.
(c) Enforcement period. The Coast Guard anticipates that these
safety zones will be enforced between 6:00 p.m. (e.s.t.) and 1:00 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
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
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) No vessels, except for fireworks barges and accompanying
vessels, will be allowed to enter into, transit through, or anchor
within one of the aforementioned safety zones during an enforcement
period without the permission of the COTP or the designated
representative.
(f) All persons and vessels permitted to enter one of these safety
zones during an enforcement period 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) 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 617-223-5757
(Sector Boston Command Center) to obtain permission.
Dated: April 21, 2014.
J.C. O'Connor III,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2014-10760 Filed 5-9-14; 8:45 am]
BILLING CODE 9110-04-P