[Federal Register Volume 64, Number 108 (Monday, June 7, 1999)]
[Rules and Regulations]
[Pages 30242-30243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14285]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-055]
RIN 2115-AA97
Safety Zone: Hospitalized Veterans Cruise, Boston Harbor, Boston,
MA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The U.S. Coast Guard will establish a moving safety zone
around vessels participating in the Hospitalized Veterans Cruise and in
the main navigation channel for the event. As the vessels approach
Boston Inner Harbor, a one hundred (100) yard safety zone will surround
each flotilla as the vessels involved transit into Boston Harbor, turn
around in the vicinity of the mooring of the USS Constitution, and then
depart the harbor. The safety zone is needed to ensure the safety of
the maritime public during this marine event. No vessel may enter this
safety zone without the permission of the COTP.
EFFECTIVE DATE: This rule is effective from 11:00 a.m. until 1:30 p.m.
local time on June 27, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Coast Guard Marine Safety Office Boston, 455
Commercial Street, Boston, Massachusetts 02109, between 8:00 a.m. and
3:00 p.m., Monday through Friday, except Federal holidays. The
telephone number is (617) 223-3000.
FOR FURTHER INFORMATION CONTACT: ENS Montleon, Waterways Management and
Planning 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 regulation and good cause
exists for making it effective in less than 30 days after Federal
Register publication. Details for the marine event were not provided to
the Coast Guard until April 13, 1999 making it impossible to publish a
NPRM or a final rule 30 days in advance. Publishing a NPRM and delaying
its effective date would be contrary to the public interest since
immediate action is needed to prevent injury and damage to persons and
vessels involved.
Background and Purpose
On April 13, 1999 the sponsors of the event, Old Colony Yacht Club,
requested that the Coast Guard create a safety zone to protect the
vessels participating in the Hospitalized Veterans Cruise in Boston
Harbor. This safety zone is necessary in order to protect the boating
public and participating vessels from the danger of collision. The
safety zone extends one hundred (100) yards in all directions around
the participating vessels and assisting tugs from the time event
participants enter Boston Harbor, until all participating vessels have
safely departed Boston Harbor.
Regulatory Evaluation
This rule is not a significant 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. Due
to the limited duration and scope of the event, the Coast Guard expects
the economic impact of this regulation to be so minimal that a
Regulatory Evaluation is unnecessary.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act of 1995 (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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking
[[Page 30243]]
is required. ``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 addressed under the Regulatory Evaluation above,
the Coast Guard finds that this rule will not have a significant impact
on a substantial number of small entities. If, however, you think that
your business or organization qualifies as a small entity and that this
rule will have a significant impact on your business or organization,
please submit a comment explaining why you think it qualifies and in
what way and to what degree this rule will economically affect it.
Environment
The Coast Guard has considered the environmental impact of this
proposed rule and concluded that, under Figures 2-1, paragraph 34(g),
of Commandant Instruction M16475.1C, this 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 proposes to
amend 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),
6.04-6, 160.5; 49 CFR 1.46. Section 165.100 is also issued under
authority of Sec. 311, Pub. L. 105-383.
2. Add temporary Sec. 165.T01-055 to read as follows:
Sec. 165.T01-055 Safety Zone; Hospitalized Veterans Cruise, Boston
Harbor, Boston, MA.
(a) Location. The following is a safety zone:
(1) One hundred (100) yards in all directions around vessels
participating in the Hospitalized Veterans Cruise as they approach
Boston Inner Harbor, turn around in the vicinity of the mooring of the
USS Constitution, and then depart the harbor. No vessel may enter this
safety zone without the permission of the COTP.
(b) Effective Date. This section is effective from 11:00 a.m. until
1:30 p.m. on June 27, 1999.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into 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 of
this part apply.
Dated: May 21, 1999.
J.L. Grenier,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 99-14285 Filed 6-4-99; 8:45 am]
BILLING CODE 4910-15-M
