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

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

[Rules and Regulations]

[Page 39237-39238]

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

[DOCID:fr22jy98-11]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-082]

RIN 2115-AA97

Safety Zone: Beverly Homecoming Fireworks Display, Beverly Harbor, Beverly, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is establishing a temporary safety zone for the Beverly Homecoming Fireworks Display off Woodbury Point in Beverly Harbor, Beverly, MA. The safety zone is in effect from 9 p.m. until 11.45 p.m. on Sunday, August 9, 1998. The safety zone temporarily closes all waters of Beverly Harbor within four hundred (400) yards of a fireworks barge moored in approximate position 42 deg.32.4' N, 070 deg.51.5' W. The safety zone is needed to prevent vessels from the hazards posed by a fireworks display.

DATES: This rule is effective from 9 p.m. until 11:45 p.m. on Sunday August 9, 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,

[[Page 39238]]

which in intended for public entertainment.

Background and Purpose

On June 5, 1998 the Beverly Harbormaster fileda marine event permit with the Coast Guard to hold a fireworks program on the waters of Beverly Harbor, Beverly, MA. The Beverly Harbormaster is sponsoring the fireworks program. This regulation establishes a safety zone in all waters of Beverly Harbor within a four hundred (400) yard radius of the fireworks barge moored in approximate position 42 deg.32.4' N, 070 deg.51.5' W. This safety zone is in effect from 9 p.m. until 11:45 p.m. on Sunday August 9, 1998. This safety zone prevents entry into or movement within this portion of Beverly Harbor, and it 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 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 proposal contains no collection of information requirements under the Paperwork Reduction Act (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 proposes to amend 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, and 160.5; 49 CFR 1.46.

2. Add temporary Sec. 165.T01-082 to read as follows:

   Sec. 165.T01-082 Safety Zone: Beverly Homecoming Fireworks Display, Beverly Harbor, Beverly, MA.

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

   All waters of Beverly Harbor within four hundred (400) yards of the fireworks barge moored in approximate position 42 deg.32.4' N, 070 deg.51.5' W.

   (b) Effective date. This section is effective from 9 p.m. until 11:45 p.m. on Sunday August 9, 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. 98-19424Filed7-21-98; 8:45 am]

   BILLING CODE 4910-15-M