[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