[Federal Register Volume 66, Number 127 (Monday, July 2, 2001)]
[Rules and Regulations]
[Pages 34831-34832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16488]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-01-099]
RIN 2115-AA97


Safety Zone; Swampscott July 2nd Fireworks, Swampscott, 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 Swampscott July 2nd Fireworks, July 2, 2001 in Swampscott, MA. The 
safety zone will temporarily close all waters of Nahant Bay within a 
four hundred (400) yard radius of the fireworks barge. The safety zone 
prohibits entry into or movement within this portion of Nahant Bay and 
is needed to protect the maritime public from the hazards posed by a 
fireworks display.

DATES: This rule is effective from 8:30 p.m. July 2, 2001 until 10 p.m. 
on July 2, 2001.

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 (junior grade) David 
Sherry, 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 13, 
2001, making it impossible to draft or publish a NPRM or a final rule 
30 days in advance of its effective date. Any delay encountered in this 
regulation's effective date would be unnecessary and contrary to public 
interest since immediate action is needed to prevent traffic from 
transiting a portion of Nahant Bay, Swampscott, Massachusetts, and 
provide for the safety of life on navigable waters. Additionally, this 
temporary safety zone is only for an 1 hour 30 minute long local event 
and should have negligible impact on vessel transits due to the fact 
that vessels can safely transit around the zone and that they are not 
precluded from using any portion of the waterway except the safety zone 
area itself.

Background and Purpose

    This regulation establishes a safety zone on the waters of Nahant 
Bay within a four hundred (400) yard radius around the fireworks barge 
located at 42 deg.29.81' N, 070 deg.54.95'. The safety zone is in 
effect from 8:30 p.m. July 2, 2001 to 10 p.m. July 2, 2001. This safety 
zone prohibits entry into or movement within this portion of Nahant Bay 
and is needed to protect the maritime public from the dangers posed by 
this event. Marine traffic may transit safely outside of the safety 
zone during the event. The Captain of the Port does not anticipate any 
negative impact on vessel traffic due to this event. Public 
notifications will be made prior to the effective period via local 
notice to mariners and marine information broadcasts.

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.
    Although this regulation prevents traffic from transiting a portion 
of Nahant Bay during this event, the effect of this regulation will not 
be significant for several reasons: The minimal time that vessels will 
be restricted from the area, that vessels may safely transit outside of 
the safety zone, and advance notifications which will be made to the 
local maritime community by marine information broadcasts.

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 Nahant Bay from 8:30 p.m. July 2, 
2001 until 10 p.m. July 2, 2001. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: Vessel traffic can safely pass outside of 
the safety zone during the event, the event is limited in duration, and 
the Coast Guard will issue maritime advisories before the effective 
period widely available to users of Nahant Bay by marine information 
broadcasts.

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 EXECUTIVE ORDER 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 Executive

[[Page 34832]]

Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping 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, 160.5; 49 CFR 1.


    2. Add temporary Sec. 165.T01-099 to read as follows:


Sec. 165.T01-099  Safety Zone: Swampscott July 2nd Fireworks, 
Swampscott, Massachusetts

    (a) Location. The following area is a safety zone: All waters of 
the Nahant Bay within a four hundred (400) yard radius of the fireworks 
barge at position 42 deg.29.81' N, 070 deg.54.95' W.
    (b) Effective date. This section is effective from 8:30 p.m. July 
2, 2001 until 10 p.m. on July 2, 2001.
    (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 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: 19 June, 2001.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 01-16488 Filed 6-29-01; 8:45 am]
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