[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]
BILLING CODE 4901-15-M
