[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Rules and Regulations]
[Pages 39032-39033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18485]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-104]
RIN 2115-AA97


Safety Zone: Gloucester Schooner Fest, Gloucester, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Gloucester Harbor in a four hundred (400) yard radius around 
a fireworks launch site located at Stage Head Point in Gloucester, MA. 
The safety zone is in effect from 8:00 p.m. until 11:00 p.m., on 
Saturday, September 4, 1999. This safety zone prevents entry into or 
movement within this portion of Gloucester Harbor and it is needed to 
protect the boating public from the dangers posed by a fireworks 
display.

DATES: This rule is effective from 8:00 p.m. until 11:00 p.m., 
Saturday, September 4, 1999.

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: ENS Rebecca Montleon, 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. Good cause exists for not 
publishing an NPRM. Conclusive information about this event was not 
provided to the Coast Guard until June 4, 1999, making it impossible to 
draft or publish an NPRM with sufficient comment period for the public. 
Publishing an 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

    One June 4, 1999 the Gloucester Fireworks Fund, Gloucester, MA, 
field a marine event permit with the Coast Guard to hold a fireworks 
program over the waters of Gloucester Harbor, Gloucester, MA. This 
regulation establishes a safety zone on the waters of Gloucester Harbor 
in a four hundred (400) yard radius around a firework launch site 
located at Stage Head Point in Gloucester, MA. The safety zone is in 
effect from 8:00 p.m. until 11:00 p.m. on Saturday, September 4, 1999. 
This safety zone prevents entry into or movement within this portion of 
Gloucester Harbor and it is needed to protect the boating public from 
the dangers posed by a fireworks display.

Regulatory Evaluation

    This final 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 regulation to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary since the safety zone will be limited 
in duration, marine advisories will be made in advance of the 
implementation of the safety zone, and the safety zone will not 
restrict the entire harbor, allowing traffic to continue without 
obstruction.

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 or 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 rule contains no collection of information requirements under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

[[Page 39033]]

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:

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, 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T01-104 to read as follows:


Sec. 165.T01-104  Safety zone; Gloucester Schoonerfest, Gloucester, MA.

    (a) Location. The following area is a safety zone: all waters of 
Gloucester Harbor in a four hundred (400) yard radius around a 
fireworks launch site located at Stage Head Point in Gloucester, MA.
    (b) Effective date. This section is effective from 8:00 p.m. until 
11:00 p.m., Saturday, September 4, 1999.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23, 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 COTP 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 
apply.

    Dated: July 8, 1999.
J.L. Grenier,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 99-18485 Filed 7-20-99; 8:45 am]
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