[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Rules and Regulations]
[Pages 40655-40656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20288]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-080]
RIN 2115-AA97


Safety Zone; Gloucester Harbor Fireworks Display, Gloucester 
Harbor, Gloucester, 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 Gloucester Harbor Fireworks Display around Stage Fort Park in 
Gloucester Harbor, Gloucester, MA. The safety zone is in effect from 9 
p.m. until 11 p.m. on August 6, 1998. The safety zone temporarily 
closes all waters within four hundred (400) yards of the shoreline of 
the shore of Stage Fort Park in Gloucester Harbor, Gloucester, MA. 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 Thursday 
August 6, 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. 
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, which is intended for public 
entertainment.

Background and Purpose

    On June 4, 1998 the Gloucester Fireworks Fund filed a marine event 
permit with the Coast Guard to hold a fireworks program on the waters 
of Gloucester Harbor, Gloucester, MA. This regulation establishes a 
safety zone in all waters within four hundred (400) yards of the 
shoreline of Stage Fort Park, Gloucester Harbor, Gloucester, MA. This 
safety zone is in effect from 9 p.m. to 11 p.m. on August 6, 1998.

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 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.

[[Page 40656]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule would have a significant 
economic impact on a substantial number of small entities. 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 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 (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 
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 Sec. 165.T01-080 to read as follows:


Sec. 165.T01-080  Safety Zone: Gloucester Harbor Fireworks Display, 
Gloucester Harbor, Gloucester, MA.

    (a) Location. The following area is a safety zone:
    All waters of Gloucester Harbor within four hundred (400) yards of 
the shoreline of Stage Fort Park in Gloucester Harbor, Gloucester, MA.
    (b) Effective date. This section is effective from 9 p.m. until 11 
p.m. on Thursday August 6, 1998.
    (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 persons and vessels shall comply with the instructions of 
the Captain of the Port or the designated on-scene 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 Sec. 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. 98-20288 Filed 7-29-98; 8:45 am]
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