Ports and waterways safety: Marblehead, MA to Halifax, Nova Scotia; safety zone,
[Federal Register: June 7, 1999 (Volume 64, Number 108)]
[Rules and Regulations]
[Page 30243-30244]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn99-8]
DEPARTMENT OF TRANSPORTATION
Coast Guard
[CGD01-99-062]
RIN 2115-AA97
Safety Zone; Marblehead, MA to Halifax, Nova Scotia Ocean Race
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing a temporary safety zone around the start area for the Marblehead, MA to Halifax, Nova Scotia Ocean Race. The safety zone will be in effect Sunday, July 11, 1999, from 12:00 p.m. to 3:30 p.m. The safety zone is needed to protect the vessels participating in the race, spectator craft, and others in the maritime community from the safety hazards associated with the start of a major ocean sailing race in extremely congested waters. Entry into the safety zone is prohibited unless authorized by the Captain of the Port Boston.
DATES: This rule is effective from 12:00 p.m. to 3:30 p.m. Sunday, July 11, 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 Rebecca Montleon, U.S. Coast Guard Marine Safety Office, Boston, MA, at (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. Due to the complex planning and coordination involved, details for the race were not finalized until May 6, 1999, making it impossible to publish a NPRM in advance. Any delay encountered in this regulation's effective date would be contrary to public interest, since immediate action is needed to close a portion of the waterway and protect the maritime public from the hazards associated with the limited maneuverability of vessels participating in the event.
Background and Purpose
This regulation establishes a safety zone encompassing the area bounded by a line beginning at coordinates 42-29.066N 70-48.361W, then running south to the southeast corner located at 42-28.594N 70-48.665W, then running west to the southwest corner located at 42-28.446N 70- 49.535W, then running north to the northwest corner located at 42- 28.852N 70-49.206W, then running east back to the northeast corner located at 42-29.066N 70-48.361W. All coordinates are NAD 1983. The safety zone is effective on July 11, 1999, from 12:00 p.m. to 3:30 p.m.
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 rule to be so minimal that a full regulatory evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. This finding is based on the fact that the safety zone is limited in duration and will not restrict the entire harbor, allowing traffic to continue without obstruction, and advance marine advisories will be made of the safety zone to minimize the effect on recreational and commercial vessel traffic.
[[Page 30244]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider whether this proposal will 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 of less than 50,000.
For the reasons addressed in the regulatory evaluation above, the Coast Guard expects the impact of this regulation to be minimal and certifies under Section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not have a significant economic impact on a substantial number of small entities.
Collection of Information
This final rule does not provide for 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 final rule under the principles and criteria contained in Executive Order 12612 and has determined that this final rule does not raise sufficient federalism implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of these regulations and concluded that, under Figure 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.
For the reasons set out in the preamble, the Coast Guard amend 33 CFR part 165 as follows:
PART 165--[AMENDED]
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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.
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Add temporary section 165.T01-062 to read as follows:
Sec. 165.T01-062 Safety Zone; Marblehead, MA to Halifax, Nova Scotia Ocean Race.
(a) Location. This safety zone includes the area delineated by the following coordinates: beginning at the northeast corner located at 42- 29.066N 70-48.361 W, then to the southeast corner located at 42-28.594N 70-48.665W, then to the southwest corner located at 42-28.446N 70- 49.535W, and then to the northwest corner located at 42-28.852N 70- 49.206W. All coordinates are NAD 1983.
(b) Effective date. This safety zone is effective from 12:00 p.m. to 3:30 p.m. on Sunday, July 11, 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 Coast Guard Captain of the Port or the designated on-scene patrol personnel. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a Coast Guard vessel via siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.
(3) The general regulations contained in section 33 CFR 165.23 apply.
Dated: May 25, 1999. J.L. Grenier, Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 99-14289Filed6-4-99; 8:45 am]
BILLING CODE 4910-15-M
