[Federal Register Volume 64, Number 115 (Wednesday, June 16, 1999)]
[Rules and Regulations]
[Pages 32184-32185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15298]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP GUAM 99-011]
RIN 2115-AA97


Safety Zone: Cocos Lagoon, Guam

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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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]

    1. 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.

    2. 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. 99-15298 Filed 6-15-99; 8:45 am]
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