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Safety Zone: Manchester Fourth of July Fireworks, Manchester, MA

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 [Federal Register: July 3, 2000 (Volume 65, Number 128)]
[Rules and Regulations]
[Page 41010-41011]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy00-22]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-00-157]
RIN 2115-AA97


Safety Zone: Manchester Fourth of July Fireworks, Manchester, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Manchester Fourth of July Fireworks, Manchester, MA. The safety
zone will be in effect from 8 p.m. until 11 p.m. on Monday, July 3,
2000. The safety zone will temporarily close all waters of
Massachusetts Bay within a four hundred (400) yard radius of the
fireworks barge located at position 42 deg.34.05'N, 070 deg.45.52'W.
The safety zone prohibits entry into or movement within this portion of
Massachusetts Bay and is needed to protect the maritime public from the
hazards posed by a fireworks display.

DATES: This rule is effective from 8 p.m. until 11 p.m. on Monday, July
3, 2000.

ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Marine Safety Office Boston, 455 Commercial
Street, Boston, MA between the hours of 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Brian J. Downey, Marine
Safety Office Boston, Waterways Management Division, at (617) 223-3000.

SUPPLEMENTARY INFORMATION:

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 a 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 2,
2000, making it impossible to draft or publish a NPRM or a final rule
30 days in advance of its effective date. Publishing a 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.

Background and Purpose

    This regulation establishes a safety zone on the waters of
Massachusetts Bay in a four hundred (400) yard radius around the
fireworks barge located at position 42 deg.34.05'N, 070 deg.45.52'W.
The safety zone is in effect from 8 p.m. until 11 p.m. on Monday, July
3, 2000. This safety zone prohibits entry into or movement within this
portion of Massachusetts Bay and is needed to protect the maritime
public from the dangers posed by a fireworks display.

Regulatory Evaluation

    This 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. The
Office of Management and Budget has not reviewed it 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.
    Due to the limited duration of the safety zone, the fact that the
safety zone will not restrict the entire Bay, allowing marines to
freely navigate around the safety zone, and the advance maritime
advisories that will be made, 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. 601-612), the Coast
Guard considered whether this rule would have a significant economic
impact on a substantial number of small entities. 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 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. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of Massachusetts Bay from 8 p.m. until
11 p.m. on July 3, 2000. This safety zone will not have a significant
economic impact on a substantial number of small entities for the
following reasons: The safety zone is only 3 hours in duration;
mariners may freely navigate around the safety zone, and the Coast
Guard will issue marine radio advisories before the effective period.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard offers to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions

[[Page 41011]]

annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard analyzed this rule under E.O. 13132 and has
determined that this rule does not have implications for federalism
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This rule would not impose an unfunded mandate.

Taking of Private Property

    This rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.

Protection of Children

    The Coast Guard analyzed this rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.

Environment

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.

    2. Add temporary Sec. 165.T01-157 to read as follows:

Sec. 165.T01-157  Safety Zone: Manchester Fourth of July Fireworks,
Massachusetts Bay, Massachusetts

    (a) Location. The following area is a safety zone: All waters of
Massachusetts Bay within a four hundred (400) yard radius of the
fireworks barge located at position 42 deg.34.05'N, 070 deg.45.52'W.
    (b) Effective Date. This section is effective from 8 p.m. until 11
p.m. on Monday, July 3, 2000.
    (c) Regulations.
    (1) In accordance with the general regulations in section 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 vessel operators shall comply with the instructions of the
COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, state, and federal law enforcement vessels.

    Dated: June 19, 2000.
J.R. Whitehead,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 00-16879 Filed 6-29-00; 1:19 pm]
BILLING CODE 4910-15-P

 
 

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