[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Rules and Regulations]
[Pages 45670-45671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21693]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-95-137]
RIN 2115-AA97


Safety Zone; City of Gloucester Fireworks, Gloucester, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in 
Gloucester Harbor, Gloucester, MA, on September 2, 1995, from 8:30 p.m. 
until 10:30 p.m., in the vicinity of Pavilion Beach, Western Harbor. 
This zone is needed to protect the marine community from hazards 
associated with fireworks displays. Entry of vessels or persons into 
the zone is prohibited unless authorized by the Captain of the Port 
(COTP) Boston.

EFFECTIVE DATE: This regulation becomes effective at 8:30 p.m. on 
September 2, 1995, and terminates at 10:30 p.m. on September 2, 1995, 
or when the fireworks display is completed, unless extended or 
terminated sooner by the COTP Boston.

FOR FURTHER INFORMATION CONTACT:
LT Gary Croot or MKC Larry Toler, Waterways Management Division, Coast 
Guard Captain of the Port Boston, 455 Commercial Street, Boston, MA 
02109-1045, (617) 223-3000.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this notice are LT Gary Croot, Waterways Management 
Division, Coast Guard Captain of the Port Boston, and LCDR S.R. 
Watkins, project attorney, First Coast Guard District Legal Office.

Regulatory History

    As authorized by 5 U.S.C. 553, a notice of proposed rulemaking 
(NPRM) was not published for this regulation. Good cause exists for not 
publishing an NPRM and for making this regulation effective in less 
than 30 days after Federal Register publication. Due to the late date 
the application was received, there was not sufficient time to publish 
a proposed rule or a final rule 30 days in advance of the event. The 
delay to be encountered if normal rulemaking procedures were followed 
would effectively cancel the event. Cancellation of this event is 
contrary to the public interest since the fireworks display is in 
celebration of the Gloucester Boat Light Parade.

Background and Purpose

    The Gloucester Fireworks Fund requested a fireworks display be 
permitted in Gloucester Harbor on September 2, 1995 to celebrate the 
Gloucester Boat Light Parade. The Captain of the Port (COTP) Boston is 
implementing this safety zone to protect mariners and the viewing 
public from the inherent hazards associated with a fireworks display in 
Gloucester Harbor. The fireworks display is scheduled to take place on 
September 2, 1995 from 9:15 p.m. to 10 p.m. in an area bound by a line 
drawn from a point west of the mouth of the Blynman Canal in position 
42 deg.-36'-33''N, 070 deg.-040'-30''W, thence southeast to lighted 
buoy 11 in position 42 deg.-36'-20''N, 070 deg.-39'-52''W. The line 
then continues southward to Ten Pound Island Light in position 42 deg.-
36'-08''N, 070 deg.-39'-56''W, then west to a point in position 
42 deg.-36'-08''N, 070 deg.-40'-21''W. From this position the line 
continues northwest to the eastern most point of Stage Head Park at 
42 deg.-36'-18''N, 070 deg.-40'-31''W, then northward along the 
shoreline to the starting position. The zone will be in effect from 
8:30 p.m. September 2, 1995 until 10:30 p.m., September 2, 1995 unless 
extended or sooner terminated by the COTP Boston.
    A Coast Guard Station Gloucester patrol craft and Gloucester Harbor 
Police craft will be on scene to enforce the safety zone. A Safety 
Marine Information Broadcast will be conducted prior to and 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 

[[Page 45671]]
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 regulation to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. This is 
because the event is of limited duration, will be conducted at a late 
hour, and extensive public advisories will be made well in advance of 
the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this temporary final 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).
    For the reasons addressed under the Regulatory Evaluation above, 
the Coast Guard expects the impact of this regulation to be minimal and 
certifies under 5 U.S.C. 605(b) that this temporary final rule will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rulemaking under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this temporary final 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 section 2.B.2. of Commandant Instruction 
M16475.1B, this rule is categorically excluded from further 
environmental documentation. An Environmental Checklist and Categorical 
Exclusion Determination are available for inspection in the docket.
List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 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. A temporary section, Sec. 165.T01-137, is added to read as 
follows:

Sec. 165.T01-137  Safety Zone: City of Gloucester fireworks. 
Gloucester, MA.

    (a) Location. The following area is a safety zone: All waters of 
Gloucester Harbor within the area bounded by a line drawn from a point 
west of the mouth of the Blynman Canal in position 42 deg.-36'-33''N, 
070 deg.-40'-30''W, thence southeast to lighted bouy 11 in position 
42 deg.-36'-20''N, 070 deg.-39'-52''W. The line then continues 
southward to Ten Pound Island Light in position 42 deg.-36'-08''N, 
070 deg.-39'-56''W, then west to position 42 deg.-36'-08''N, 
070 deg.-40'-21''W. From this position the line continues northwest to 
the eastern most point of Stage Head Park at 42 deg.-36'-18''N, 
070 deg.-40'-31''W, then northward along the shoreline to the starting 
position.

    (b) Effective date. This section is effective at 8:30 p.m. on 
September 2, 1995. It terminates at 10:30 p.m. on September 2, 1995, 
unless extended or terminated sooner by the Captain of the Port Boston.

    (c) Regulations. In accordance with the general regulations in 
section 165.23 of this part, entry into or movement within this zone is 
prohibited except as authorized by the Captain of the Port Boston.


    Dated: August 22, 1995.

D.M. Maguire,

Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.

[FR Doc. 95-21693 Filed 8-31-95; 8:45 am]

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