[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Rules and Regulations]
[Pages 46888-46889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23700]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-130]
RIN 2115-AA97


Safety Zone: Gloucester Schooner Festival 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 Schooner Festival Fireworks Display around Stage Fort 
Park in Gloucester Harbor, Gloucester, MA. The safety zone is in effect 
from 8 p.m. until 10:30 p.m. on September 5, 1998. The safety zone 
temporarily closes all waters within four hundred (400) yards of the 
easternmost tip of Stage Head at Stage Head Fort Park in Gloucester 
Harbor, Gloucester, MA. The safety zone is needed to protect vessels 
from the hazards posed by a fireworks display.

EFFECTIVE DATE: This rule is effective from 8 p.m. until 10:30 p.m. on 
Saturday, September 5, 1998.

FOR FURTHER INFORMATION CONTACT:
LT Dennis O'Mara, Waterways Management Division, Coast Guard Marine 
Safety Office Boston, (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 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 August 11, 1998 the Gloucester Fireworks Fund filed a marine 
event

[[Page 46889]]

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 
easternmost tip of Stage Head at Stage Fort Park in Gloucester Harbor, 
Gloucester, MA. This safety zone is in effect from 8 p.m. to 10:30 p.m. 
on September 5, 1998. This safety zone prevents entry into or movement 
within this portion of Gloucester Harbor, and it is needed to protect 
the boating public viewing this display from the dangers posed by the 
fireworks display.

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, 
are expected to 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 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 on the Regulatory Evaluation section 
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.T01-130 to read as follows:


Sec. 165.T01-130   Safety Zone: Gloucester Schooner Festival 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 easternmost tip 
of Stage Head at Stage Fort Park in Gloucester Harbor, Gloucester, MA.
    (b) Effective Date. This section is effective from 8 p.m. until 
10:30 p.m. on Saturday September 5, 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 section 165.23 
of this part apply.

    Dated: August 21, 1998.
J.L. Grenier,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 98-23700 Filed 9-2-98; 8:45 am]
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