39236 Federal Register / Vol. 63, No. 140 /Wednesday, July 22, 1998 /Rules and Regulations

Federal Register (63 FR 9979). The

Coast Guard received no comments on

the proposed rulemaking. No public

hearing was requested, and none was

held.

Background and Purpose

33 CFR 100.505 established special

local regulations for the New Jersey

Offshore Grand Prix, a marine event

held annually in the Atlantic Ocean

along the coast of New Jersey between

Asbury Park and Seaside Park. The

purpose of these regulations is to

control vessel traffic during the event to

enhance the safety of participants,

spectators, and transiting vessels. In the

past, these regulations were

implemented by publishing a notice in

the Federal Register.

Discussion of Comments and Charges

The Coast Guard received no

comments on the proposed rulemaking.

Good Cause Statement

This final rule is effective in less than

30 days because it is contrary to the

public interest to delay the effective

date because timely action is required to

protect participants and other vessel

traffic during the event.

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. It has been exempted from review

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

final rule to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary. This

rule merely identifies the effective

period of an existing regulation and

does not impose any new restrictions on

vessel traffic.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–602), the Coast Guard

must consider whether this rule will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ include independently

owned and operated small businesses

that are not dominant in their field and

that otherwise qualify as ‘‘small

business concerns’’ under section 3 of

the Small Business Act (15 U.S.C. 632).

This rule does not impose any new

restrictions on vessel traffic, but merely

identifies the effective period of the

regulation. Therefore, the Coast Guard

certifies under Section 605(b) of the

Regulatory Flexibility Act (5 U.S.C.

601–602) that this final rule will not

have a significant economic impact on

a substantial number of small entities.

Colleciton of Information

This final rule contains no collection

of information requirements under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

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 considered the

environmental impact of this rule and

concluded that, under figure 2–1,

paragraph (34) (h) of COMDTINST

M16475.1C, this rule is categorically

excluded from further environmental

documentation. Special local

regulations issued in conjunction with a

regatta or marine parade are excluded

under that authority.

List of Subjects in 33 CFR Part 100

Marine Safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 100 as follows:

PART 100—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. Section 100.505 is amended by

revising paragraph (b) to read as follows:

§ 100.505 New Jersey Offshore Grand Prix.

* * * * *

(b) Effective Period: This section is

effective annually on the third

Wednesday in July. If the event is

canceled due to weather, this section is

effective the following day. The Coast

Guard Patrol Commander will announce

by Broadcast Notice to Mariners the

specific time periods during which the

regulations will be enforced.

* * * * *

Dated: July 8, 1998.

Rogert T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 98–19425 Filed 7–21–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–98–083]

RIN 2115–AA97

Safety Zone: Parade of Lights

Fireworks Display, Boston Harbor,

Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Parade of Lights Fireworks Display

in Boston Inner Harbor, Boston, MA.

The safety zone is in effect from 9 p.m.

until 11 p.m. on July 25, 1998. The

safety zone temporarily closes all waters

of Boston Harbor within four hundred

(400) yards of the fireworks barge

moored in approximate position

42°22′07′′ N, 071′02′49′′ W,

approximately 400 yards east of the

Coast Guard Integrated Support

Command Boston. The safety zone is

needed to protect vessels from the

hazards posed by a fireworks display.

DATES: This rule is effective from 9 p.m.

until 11 p.m. on Saturday July 25, 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,

which is intended for public

entertainment.

Background and Purpose

On June 11, 1998 Conventures

Incorporated filed a marine event permit

with the Coast Guard to hold a fireworks

program on Boston Harbor. This
Federal Register / Vol. 63, No. 140 /Wednesday, July 22, 1998 /Rules and Regulations 39237

regulation establishes a safety zone in

all waters of Boston Harbor within four

hundred (400) yards of the fireworks

barge moored approximately 400 yards

east of the Coast Guard Integrated

Support Command, Boston. This safety

zone is in effect from 9 p.m. until 11

p.m. on Saturday July 25, 1998. This

safety zone prevents movement within

the zone and 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

must consider the economic impact on

small entities of a rule for which a

general notice of proposed rulemaking

is required. 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 final 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 of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

12612, and has determined that this

final 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 amends 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 section 165.T01–

083 to read as follows:

§ 165.T01–083 Safety Zone: Parade of

Lights Fireworks Display, Boston Harbor,

Boston, MA.

(a) Location. The following area is a

safety zone:

All waters of Boston Harbor within

four hundred (400) yards of the

fireworks barge moored in approximate

position 42°22′07′′N, 071°02′49′′W,

approximately 400 yards east of the

Coast Guard Integrated Support

Command Boston.

(b) Effective date. This section is

effective from 9 p.m. until 11 p.m. on

Saturday July 25, 1998.

(c) Regulations. (1) In accordance with

the general regulations in § 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 onscene 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 § 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. 98–19426 Filed 7–21–98; 8:45 am]

BILLING CODE 4910–15–M

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°32.4′ N,

070°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,