[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Rules and Regulations]
[Pages 35394-35395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17082]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-97-040]
RIN 2115-AA97


Safety Zone Regulation: Saint Peter's Fiesta 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 the 
vicinity of the Fort Point, Gloucester Harbor, Gloucester, MA on June 
29, 1997, for the Saint Peter's Fiesta Fireworks Display. The zone is 
needed to protect persons viewing the display, spectator vessels, and 
personnel in the area from the safety hazards associated with the 
fireworks display itself. Entry into the zone is prohibited unless 
authorized by the Captain of the Port (COTP) Boston.

EFFECTIVE DATE: This regulation becomes effective on June 29, 1997, 
from 8 p.m. until 11 p.m.

FOR FURTHER INFORMATION CONTACT:
MSTC Daniel Dugery, USCG Marine Safety Office Boston, 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, and good cause exists for making 
it effective in less than 30 days after Federal Register publication. 
Publishing an NPRM and delaying its effective date would be contrary to 
the public interest since immediate action is needed to prevent injury 
and damage to persons and vessels involved.

Background and Purpose

    The sponsor, the Saint Peter's Fiesta Committee, submitted a permit 
application to the Coast Guard for the fireworks display. COTP Boston 
is implementing this safety zone to protect mariners from the inherent 
hazards associated with a fireworks display.
    The specific event requiring this regulation is the fireworks 
display itself. The display is scheduled to take place on June 29, 1997 
from 9 p.m. until 10 p.m., fired from landside fireworks launchers on 
Fort Point in position 42 deg.36'28'' N, 070 deg.35'55'' W [Datum: NAD 
1983]. The safety zone will be located off Fort Point and will extend 
three hundred yards in all directions from the firework launchers on 
shore during the event. This safety zone will preclude all vessels from 
approaching within three hundred yards of the fireworks launchers 
during the fireworks display. The zone will be in effect on June 29, 
1997, from 8 p.m. until 11 p.m. The zone is needed to protect persons, 
facilities and vessels in the area from the safety hazards associated 
with the fireworks display itself. Entry into the zone is prohibited 
unless authorized by the COTP Boston. The City of Gloucester Harbor 
Master boat and Coast Guard patrol craft will be on scene to enforce 
the safety zone. Details of this event will be broadcast in a Safety 
Marine Information Broadcast.

Good Cause Statement

    According to the APA (5 U.S.C. 553), good cause exists when notice 
or a delayed effective date is impractical, unnecessary, or contrary to 
the public interest. No significant adverse effect will result to 
vessel operators as the event will be three hours or less in duration. 
Fishing vessels and tour boats may experience slight delays in 
departures or arrivals during the display; however, mariners can time 
their movements just ahead or just after the fireworks display. In 
addition, due to the late hour of the event and the extensive advanced 
advisories that will be made, the Coast Guard does not expect a 
significant impact on commercial vessel traffic.

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 not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the

[[Page 35395]]

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. Costs to the shipping industry, if 
any, will be minor since this regulation will be in one given area for 
a limited time. Deep draft vessel traffic, small passenger commercial 
vessels and fishing vessels may experience minor delays in departures 
or arrivals due to the safety zone. 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

    The Coast Guard must consider the economic impact on small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). ``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 addressed under the Regulatory Evaluation above, 
the Coast Guard finds that this rule will not have a significant impact 
on a substantial number of small entities. If, however, you think that 
your business or organization qualifies as a small entity and that this 
rule will have a significant impact on your business or organization, 
please submit a comment explaining why you think it qualifies and in 
what way and to what degree this rule will economically affect it.

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 
rule and concluded that, under section 2.B.2.e.(34)(g) of Commandant 
Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994), this 
rule is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination and an 
Environmental Analysis Checklist are not included in the docket. An 
appropriate environmental analysis of the event will be conducted in 
conjunction with the marine event permitting process.

List of Subjects in 33 CFR Part 165

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

Proposed 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:

    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. Section 165.T01-040, is added to read as follows:


Sec. 165.T01-040   Safety Zone; Saint Peter's Fiesta Fireworks, 
Gloucester, MA.

    (a) Location. The following area is a safety zone:
    From the landside fireworks launchers on Fort Point in position 
42 deg.36'28''N, 070 deg.35'55''W [Datum: NAD 1983], three hundred 
yards in all directions on the waters of Gloucester Harbor. This safety 
zone will preclude all vessels from approaching within three hundred 
yards of the fireworks launchers during the fireworks display.
    (b) Effective date. This rule is effective on June 29, 1997, from 8 
p.m. until 11 p.m.
    (c) Regulations.
    (1) The general regulations covering safety zones contained in 33 
CFR 165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard of the Captain of the Port or the designated on scene 
patrol personnel. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
Coast Guard vessel via siren, radio, flashing light, or other means, 
the operator of a vessel shall proceed as directed.

    Dated: June 11, 1997.
J.J. O'Brien, Jr.
Commander, U.S. Coast Guard, Acting Captain of the Port, Boston, 
Massachusetts.
[FR Doc. 97-17082 Filed 6-28-97; 12:07 pm]
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