[Federal Register Volume 64, Number 115 (Wednesday, June 16, 1999)]
[Rules and Regulations]
[Pages 32184-32185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15298]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP GUAM 99-011]
RIN 2115-AA97
Safety Zone: Cocos Lagoon, Guam
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
Cocos Lagoon because of a planned International Cocos swimming event
occurring on June 20, 1999. The safety zone will encompass all waters
within a triangle formed by connecting the following points: the mount
of the Bile River (13 degrees 16 minutes 37 seconds North Latitude, 144
degrees 39 minutes 51 seconds East Longitude), the west tip of Cocos
Island (13 degrees 14 minutes 02 seconds North Latitude, 144 degrees 38
minutes 39 seconds East Longitude), and Balang Point (13 degrees 15
minutes 03 seconds North Latitude, 144 degrees 41 minutes 26 seconds
East Longitude). This zone is needed to protect personnel swimming in
the water within this zone during the event. Law enforcement, Fire
Department, and sponsor safety boats will be allowed in this zone
during the event. Entry of all other vessels into this temporary zone
is prohibited unless authorized by the Captain of the Port (COTP).
EFFECTIVE DATE: This safety zone will be in effect from 06:30 A.M. (+
Kilo, Local Time) to 10:00 A.M. (+ Kilo, Local Time) on June 20, 1999.
Following the conclusion of the event the Captain of the Port will
cease enforcement of the safety zone and will announce that fact by
Broadcast Notice to Mariners.
ADDRESSES: Documents pertaining to this regulation are available for
inspection and copying at U.S. Coast Guard Marine Safety Office Guam,
PSC 455, Box 176, FPO AP 96540-1056.
FOR FURTHER INFORMATION CONTACT: Lieutenant David McClellan, Chief,
Port Operations Department, Marine Safety Office Guam; (671) 339-2001,
extension 163.
SUPPLEMENTARY INFORMATION:
Regulatory Information
In accordance with 5 U.S.C. 553, no notice of proposed rulemaking
(NPRM) was published for this regulation, and good cause exists for
making it effective before, or less than 30 days after, Federal
Register publication. The precise location of the event necessitating
promulgation of this safety zone and other logistical details
surrounding the event were not finalized until a date fewer than 30
days before the event date. Publishing an NPRM and delaying the
effective date would be contrary to the public interest since the event
would occur before the rulemaking process was complete, jeopardizing
the safety of lives of event participants.
Discussion of Regulation
The Manukai Athletic Club will be holding their international Cocos
Crossing swim competition on the Navigable waters of Cocos Lagoon. In
order to promote public safety, the
[[Page 32185]]
Captain of the Port established a triangular safety zone. The safety
zone will encompass all waters within a triangle formed by connecting
the following points: the mouth of the Bile River (13 degrees 16
minutes 37 seconds North Latitude, 144 degrees 39 minutes 51 seconds
East Longitude), the west tip of Cocos Island (13 degrees 14 minutes 02
seconds North Latitude, 144 degrees 38 minutes 39 seconds East
Longitude), and Balang Point (13 degrees 15 minutes 03 seconds North
Latitude, 144 degrees 41 minutes 26 seconds East Longitude).
This zone is established to protect the swimming event's
participants from possible safety hazards associated with vessel
traffic. Law enforcement, Fire Department, and sponsor's safety boats
will be allowed in this zone during the event. Entry of all other
vessels into this temporary zone is prohibited unless authorized by the
Captain of the Port (COTP). Vessels may request authorization to
transit the regulated area by calling the U.S. Coast Guard on Channel
16 VHF or by phone at (671) 339-2001, extension 112.
Regulatory Evaluation
This temporary 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 sections 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). Because of the short duration and limited
geographic scope of the safety zone, the Coast Guard expects the
economic impact of this rule to be so minimal that a full regulatory
Evaluation under paragraph 10(e) of the regulatory policies and
procedures of DOT is unnecessary.
Collection of Information
This temporary final rule contains no information-collection
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
Federalism
The Coast Guard has analyzed this temporary final 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.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
temporary final rule and concluded that under Chapter 2.B.2 of
Commandant Instruction M16475.1C, Figure 2-1, paragraph (34)(g), it
will have no significant environmental impact and it is categorically
excluded from further environmental documentation. An environmental
analysis checklist has been completed.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this temporary final rule will result
in an annual expenditure by state, local, and tribal governments, in
the aggregate, of $100 million (adjusted annually for inflation). If
so, the Act requires that reasonable number of regulatory alternatives
be considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected. No state, local, or tribal
government will be affected by this rule, so this rule will not result
in annual or aggregate cost of $100 million or more. Therefore, the
Coast Guard is exempt from any further regulatory requirements under
the Unfunded Mandates Act.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
In consideration of the foregoing, part 165 of title,33, Code of
Federal Regulations, is amended as follows;
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authorirty: 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. A new section 165.T14-011 is added to read as follows:
Sec. 165.T14-011 Safety Zone: Cocos Lagoon, Guam.
(a) Location: The following area constitutes a safety zone in the
navigable waters of the United States within Cocos Lagoon, Guam: a
triangle formed by connecting the mouth of the Bile River (13 degrees
16 minutes 37 seconds North Latitude, 144 degrees 39 minutes 51 seconds
East Longitude), the west tip of Cocos Island (13 degrees 14 minutes 02
seconds North Latitude, 144 degrees 38 minutes 39 seconds East
Longitude), and Balang Point (13 degrees 15 minutes 03 seconds North
Latitude, 144 degrees 41 minutes 26 seconds East Longitude). All
coordinates refer to Datum: NAD 83.
(b) Effective Dates: This safety zone will be effective form 06:30
a.m. (+Kilo, Local Time) to 10:00 a.m. (+Kilo, Local Time) on June 20,
1999. Following the conclusion of the event the Captain of the Port
will cease enforcement of the safety zone and will announce that fact
by Broadcast Notice to Mariners.
(c) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.23 apply. Entry into, transit through, or
anchoring within this zone is prohibited unless authorized by the
Captain of the Port, or his or her designated representative. Vessels
may request authorization to transit the safety zone by calling the
U.S. Coast Guard Marianas Section Guam on Channel 16 VHF or call at
(671) 339-2001, extension 112.
Dated: May 26, 1999.
S.J. Glover,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 99-15298 Filed 6-15-99; 8:45 am]
BILLING CODE 4910-15-M
