[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Rules and Regulations]
[Pages 41010-41011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16879]


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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]
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