[Federal Register Volume 64, Number 108 (Monday, June 7, 1999)]
[Rules and Regulations]
[Pages 30243-30244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14289]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-062]
RIN 2115-AA97


Safety Zone; Marblehead, MA to Halifax, Nova Scotia Ocean Race

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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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]

    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 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. 99-14289 Filed 6-4-99; 8:45 am]
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