Ports and waterways safety: Boston Harbor, MA; safety zone,

[Federal Register: June 7, 1999 (Volume 64, Number 108)]

[Rules and Regulations]

[Page 30242-30243]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr07jn99-7]

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.

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. 99-14285Filed6-4-99; 8:45 am]

   BILLING CODE 4910-15-M