[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Rules and Regulations]
[Pages 46890-46891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23698]



[[Page 46890]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-131]
RIN 2115-AA97


Safety Zone; Toward a Better Life Fireworks Display, Dorchester 
Bay, Boston, 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 Toward a Better Life Fireworks Display off Columbia Point in 
Dorchester Bay, Boston, MA. The safety zone is in effect from 7 p.m. 
until 11 p.m. on Sunday September 6, 1998. The safety zone temporarily 
closes all waters of Dorchester Bay within four hundred (400) yards of 
the fireworks barge moored in approximate position 42 deg.18'58'' N, 
071 deg.01'43'' W (NAD 1983). The safety zone is needed to prevent 
vessels from the hazards posed by a fireworks display.

EFFECTIVE DATE: This rule is effective from 7 p.m. until 11 p.m. on 
Sunday, September 6, 1998.

FOR FURTHER INFORMATION CONTACT:
LT Dennis O'Mara, Waterways Management Division, Coast Guard Marine 
Safety Office Boston, (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, 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, which is intended 
for public entertainment.

Background and Purpose

    On August 11, 1998 the Secretary of State, Commonwealth of 
Massachusetts filed a marine event permit with the Coast Guard to hold 
a fireworks program on the waters of Dorchester Bay, Boston, MA. This 
regulation establishes a safety zone in all waters of Dorchester Bay 
within a four hundred (400) yard radius of the fireworks barge moored 
in approximate position 42 deg.18'58'' N, 071 deg.01'43'' W (NAD 1983). 
The safety zone is in effect from 7 p.m. until 11 p.m. on Sunday, 
September 6, 1998. The safety zone prevents entry into or movement 
within this portion of Dorchester Bay, 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 are 
expected to 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:
    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.T01-131 to read as follows:


Sec. 165.T01-131  Safety Zone: Toward a Better Life Fireworks Display, 
Dorchester Bay, Boston, MA.

    (a) Location. The following area is a safety zone: All waters of 
Dorchester Bay within four hundred (400) yards of the fireworks barge 
moored in approximate position 42 deg.18'58'' N, 071 deg.01'43'' W (NAD 
1983).
    (b) Effective Date. This section is effective from 7 p.m. until 11 
p.m. on Sunday September 6, 1998.
    (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 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 section 165.23 
of this part apply.


[[Page 46891]]


    Dated: August 21, 1998.
J.L. Grenier,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 98-23698 Filed 9-2-98; 8:45 am]
BILLING CODE 4910-15-M