
[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Rules and Regulations]
[Pages 26846-26848]
From the Federal Register Online via the Government Printing 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 
Mark.E.Cutter@uscg.mil. 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


