Ports and waterways safety: Cocos Lagoon, GU; safety zone,
[Federal Register: June 16, 1999 (Volume 64, Number 115)]
[Rules and Regulations]
[Page 32184-32185]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn99-7]
DEPARTMENT OF TRANSPORTATION
Coast Guard
[COTP GUAM 99-011]
RIN 2115-AA97
Safety Zone: Cocos Lagoon, Guam
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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]
-
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.
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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. 99-15298Filed6-15-99; 8:45 am]
BILLING CODE 4910-15-M
