[Federal Register Volume 63, Number 140 (Wednesday, July 22, 1998)]
[Rules and Regulations]
[Pages 39237-39238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19424]


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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.

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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 filed a 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. 98-19424 Filed 7-21-98; 8:45 am]
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