[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Rules and Regulations]
[Pages 71655-71659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33213]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-150]
RIN 2115-AE84


Regulated Navigation Area; Arrival Notification and Year 2000 
(Y2K) Reporting Requirements for Vessels Transiting the Cape Cod Canal

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a regulated navigation area 
for U.S. and foreign flag vessels transiting the Cape Cod Canal during 
the peak Y2K risk periods of December 30, 1999 to January 1, 2000 and 
February 27, 2000 to February 29, 2000. Owners and operators of U.S. 
vessels transiting the Cape Cod Canal during these periods will be 
required to notify the Captain of the Port, Marine Safety Office 
Providence RI, (hereinafter COTP Providence RI) 24 hours in advance of 
their transit. Owners and operators of foreign vessels will be required 
to notify and report Year 2000 (Y2K) preparedness information to the 
COTP Providence, RI 24 hours in advance of transiting the Cape Cod 
Canal. The advance notice and Y2K information will allow the COTP 
Providence, RI to assess vessel preparedness for potential Y2K-related 
malfunctions of equipment and systems and enable appropriate measures 
to be taken to protect the Cape Cod Canal from a serious marine 
casualty.

DATES: This temporary rule is effective from December 22, 1999 and 
expires on March 1, 2000. Comments must reach the addresses below on or 
before January 21, 2000. Comments sent to the Office of Management and 
Budget (OMB) on collection of information must reach OMB on or before 
February 22, 2000.

ADDRESSES: To make sure your comments and related material are not 
entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to Commander, First Coast Guard District (m), 408 
Atlantic Avenue, Boston, Massachusetts, 02210.
    (2) By hand to room 632 on the 6th floor at the address listed 
above between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays. The telephone number is (617) 223-8334.
    (3) By fax to the Docket Manager at 617-223-8904.
    Commander, First Coast Guard District (m) maintains the public 
docket for this rulemaking. Comments and related material, and 
documents as indicated in this preamble, will become part of this 
docket and will be available for inspection or copying at room 632 on 
the 6th floor at the same address between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Dennis O'Mara, Marine Safety 
Division, First Coast Guard District, 617-223-8334.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages you to participate in this rulemaking by 
submitting comments and related material. If you do so, please include 
your name and address, identify the docket number for this rulemaking 
(CGD1-99-150), indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. You may 
submit your comments and material by mail, hand or fax, to the address 
under ADDRESSES; but please submit your comments and material by only 
one means. If you submit them by mail or hand, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know they were received, please enclose a stamped, self-
addressed postcard or envelope. The Coast Guard encourages you to file 
any important comments as quickly as possible. We will consider all 
comments and material received during the comment period and may change 
this rule, if necessary, in response to the comments.

Regulatory Information

    Due to the unique nature of the Y2K problem, this rule is being 
made effective on the date of publication. It will have considerable 
positive impact on marine safety and environmental protection in the 
Cape Cod Canal by establishing a reporting requirement for vessels 
transiting the Cape Cod Canal during the peak Y2K risk periods of 
midnight December 30, 1999 to midnight January 1, 2000 and midnight 
February 27, 2000 to midnight February 29, 2000. The Cape Cod Canal is 
administered by the Army Corps of Engineers. There is presently no 
regulation requiring either a U.S. or a foreign flag vessel planning on 
transiting the Cape Cod Canal to notify either the Army Corps of 
Engineers or the Coast Guard prior to arrival at the eastern or western 
entrance to the Cape Cod Canal. Therefore, without this rule, the COTP 
Providence, RI would not be able to assess a vessel's Y2K compliance 
prior to the vessel arriving at the entrance of the Cape Cod Canal. 
Vessels could experience delay while the COTP Providence, RI determines 
whether the vessel should transit the Cape Cod Canal. This rule will 
facilitate the movement of vessels through the Cape Cod Canal during 
the peak Y2K risk periods by allowing the COTP Providence, RI to 
determine a vessel's Y2K compliance status prior to its arrival at the 
entrance to the Cape Cod

[[Page 71656]]

Canal. The reporting of the information causes no harm and the time 
requirements to report the information are minimal.
    For these reasons, the Coast Guard finds good cause exists, under 5 
U.S.C. 553 (b)(B) and 5 U.S.C. 553(d)(3), for not publishing an NPRM 
and for making this rule effective less than 30 days after publication 
in the Federal Register.

Background and Purpose

    The maritime industry incorporates automation and computer 
technology into almost every aspect of its business operations. 
Automation is used for many shipboard systems such as main propulsion, 
boilers, auxiliary systems, power generation, position fixing 
navigation systems, communications, radar, steering systems, cargo 
systems, and bilge/ballast controls. Despite current regulations for 
equipment and systems testing, the potential technological malfunctions 
associated with the Year 2000 (Y2K) problem could disrupt maritime 
operations.

What is the Y2K Problem?

    The Y2K problem stems from the widespread computer industry 
practice of using 2 digits instead of 4 to represent the year in 
databases, software applications, and hardware microchips. Certain 
systems will face difficulty in the year 2000 when that year is 
represented as ``0''. Unable to differentiate ``0'' from the year 1900, 
computer programs and systems aboard ships could malfunction or 
completely shut down.

How Might the Y2K Problem Affect Vessels?

    Computer programs for engine automation systems that send critical 
operating signals are good examples of the Y2K problem. If these 
programs misread ``00'' as the year 1900 instead of 2000, they may 
misinterpret that 100 years have passed and respond with an 
inappropriate action or a series of inappropriate actions, creating a 
domino effect, that could shut down systems. Temporary loss of main 
engine operation or steering at sea on a calm day with no other ships 
in sight may only prove inconvenient. However, the unexpected loss of a 
ship's propulsion in the Cape Cod Canal could result in a serious 
casualty. The risk period for Y2K-related equipment and system failures 
and malfunctions is not limited to January 1, 2000. Similar problems 
are associated with the date February 29, 2000.

Why Is February 29, 2000 a Date of Concern?

    February 29, 2000 is a date of concern because of how leap years 
are determined. Our calendars reflect leap years occur every four 
years; however, leap years do not adhere to a strict four-year cycle. 
As a result, century years generally are not leap years (i.e. year 1800 
or 1900). However, exceptions apply to century years evenly divisible 
by 400, such as February 29, 2000. Problems could occur in computers 
not properly programmed to accept this date. If a microprocessor reads 
``00'' as the year 1900, it will fail to accept the 29th of February 
because 1900, unlike 2000, was not a leap year.

Why is this Temporary Rule Necessary?

    On June 23, 1999, the Coast Guard published a Temporary Interim 
Rule (hereinafter referred to as the ``Interim Rule'') that requires 
certain vessels to report Y2K preparedness information via the 
submission of a questionnaire (64 FR 33404, June 23, 1999); (64 FR 
41794, August 2, 1999). The Interim Rule and current regulations do not 
require vessels to give advance notification prior to transiting the 
Cape Cod Canal. U.S. vessels are required to provide 24 hour notice of 
arrival to the port of destination, but the existing rules do not 
require canal transits to be reported. The Interim Rule requires 
certain U.S. vessels that are operating during the peak periods to 
submit a vessel Y2K questionnaire so that it is received by the Coast 
Guard no later than August 20, 1999. This rule requires U.S. vessels to 
notify COTP Providence, RI 24 hours prior to transiting the Cape Cod 
Canal. This will allow COTP Providence RI to access the information 
already provided to the Coast Guard under the Interim Rule.
    The Interim Rule requires foreign vessels operating on waters 
subject to the jurisdiction of the U.S. during peak risk periods to 
submit a Y2K vessel questionnaire so that it is received by the Coast 
Guard no later than 24 hours prior to arrival in a U.S. port or place 
of destination. However, since the Cape Cod Canal is not a port or 
place of destination as defined by the Interim Rule, a foreign flag 
vessel could arrive at the canal entrance without having submitted a 
questionnaire to the Coast Guard within the previous 24 hour period, 
leaving the COTP Providence, RI uncertain as to a foreign vessel's Y2K 
compliance. This rule requires foreign vessels to submit Y2K 
preparedness information and arrival notification 24 hours in advance 
of arrival at the Cape Cod Canal.
    Timely Y2K assessments of vessels transiting the Cape Cod Canal 
during peak risk periods are required due to the congested approaches, 
narrow width of the canal and environmental sensitivity of the 
surrounding area. Several shellfish beds are located in close proximity 
of the approaches of the Cape Cod Canal. By requiring vessels to 
provide 24 hour advance notification before transiting the Cape Cod 
Canal, the COTP Providence, RI will have time to assess a U.S. vessel's 
Y2K compliance (using the information submitted by the vessel) prior to 
its arrival at the canal. This will prevent unnecessary delays to the 
vessel while its Y2K compliance is determined.

How Will the COTP Providence RI Collect Y2K Preparedness Information 
From Foreign Vessels?

    Vessels will be required to complete IMO Year 2000 questionnaire 2 
and United States (U.S.) Supplement 1. The questionnaire is based on 
the questionnaire found in the IMO's Year 2000 Code of Good Practice. 
The questionnaire has U.S. specific instructions and includes a U.S. 
supplement. More information on this questionnaire, including 
applicability and submission requirements, can be found in the 
Discussion section of this document.

How Will COTP Providence, RI, Assess Y2K-Related Risks for Vessels 
Requesting To Transit the Cape Cod Canal?

    The COTP Providence, RI, will use the ``Y2K Risk Assessment 
Matrix'' as a tool to help assess potential Y2K risks associated with 
vessel operations during peak risk periods. The risk assessment matrix 
is part of NVIC 7-99. NVIC 7-99 will be available in the docket at the 
address under ADDRESSES and on the Internet at http://www.uscg.mil/hq/
g-m/nvic/.
    COTP Providence, RI will conduct risk assessments during two peak 
risk periods:
     Between midnight December 30, 1999, and midnight January 
1, 2000 (48 hours); and
     Between midnight February 27, 2000, and midnight February 
29, 2000 (48 hours).
    The risk assessment matrix, however, is not meant to be a binding 
mechanism from which the COTP cannot deviate. It is simply one tool 
that is designed to assist the COTP in making decisions regarding 
maritime safety and the marine environment. The COTP Providence, RI 
will use the vessel movement section of the matrix to evaluate whether 
or not a vessel will be

[[Page 71657]]

permitted to transit the Cape Cod Canal or if any conditions will be 
placed on the vessel prior to transit. The vessel movement section 
identifies vessel and cargo risk factors (inspection status, cargo, 
vessel history, etc.) and balances these factors with local 
environmental factors (time of day, weather, etc.) and the potential 
consequences of accidents (health and safety, environmental, vessel 
traffic, etc.) in the Cape Cod Canal. The matrix considers these risk 
factors along with mitigating factor information obtained from the 
questionnaires (equipment testing, contingency planning, etc.) to 
calculate an overall risk factor.
    The Y2K Risk Assessment Matrix is a tool designed to analyze 
information from a variety of sources. The questionnaire required by 
this temporary interim rule is only one component of the risk 
assessment process. It is conceivable, if unlikely, that a vessel or 
representative could reply ``no'' to every question on the applicable 
questionnaire (indicating that no Y2K preparedness actions have been 
taken). The COTP, after conducting a risk assessment and classifying 
the vessel as low risk, could allow the vessel to transit the Cape Cod 
Canal without restriction during one or more peak risk periods. A 
vessel not prepared for Y2K could be classified as low risk based on a 
number of factors such as weather conditions, tide and current, type of 
cargo, vessel traffic density, etc. However, in most cases, a vessel 
that demonstrates some level of Y2K preparedness should receive a 
better overall risk factor score than a vessel that is not prepared for 
Y2K. We encourage vessel owners and operators to obtain copies of NVIC 
7-99 so they can use the risk assessment matrix to conduct Y2K 
preparedness self-assessments.

Discussion

    This rulemaking will prescribe temporary advance arrival 
notification for certain U.S. vessels and temporary advance arrival 
notification and Y2K preparedness reporting requirements for foreign 
vessels desiring to transit the Cape Cod Canal by adding a temporary 
new section in 33 CFR 165.123--Regulated Navigation Area: Advance 
Arrival Notification and Year 2000 (Y2K) Preparedness Reporting for 
Certain Vessels Transiting the Cape Cod Canal. The new section contains 
applicability for certain vessels and instructions for submitting the 
appropriate advance arrival notification and Y2K preparedness 
information. These temporary reporting requirements will help COTP 
Providence, RI assess potential Y2K risks associated with vessels 
transiting the Cape Cod Canal during peak risk periods.

Applicability and Exemptions

    The 24 hour advance notification will apply to vessels owned in the 
U.S. and foreign flag vessels transiting the Cape Cod Canal during one 
of the following periods:
    a. Between midnight December 30, 1999 and midnight January 1, 2000 
(48 hours)
    b. Between midnight February 27, 2000 and midnight February 29, 
2000 (48 hours).
    The following vessels are exempt from the 24 hour advance 
notification requirement:
     Recreational vessels under 46 U.S.C. 4301 et seq.;
     Public vessels;
     Uninspected commercial fishing vessels;
     Uninspected barges; and
     Uninspected passenger vessels.
    The Y2K reporting requirements will apply to foreign flag vessels 
transiting the Cape Cod Canal during one of the following periods:
    a. Between midnight December 30, 1999 and midnight January 1, 2000
    b. Between midnight February 27, 2000 and midnight February 29, 
2000 (48 hours).

Foreign flagged public vessels are exempt from the Y2K reporting 
requirements.

Definitions

    The terms used in Sec. 165.123 have the same meaning as those found 
in 33 CFR 160.309. (64 FR 33404, June 23, 1999).

Questionnaire

    The Questionnaire consists of four pages. Page 1 includes 
instructions for completing the Questionnaire. The instructions provide 
very specific and detailed information on how to use the questionnaire, 
where to send it, when and how to update information, etc. Page 2 is 
the IMO Year 2000 Questionnaire 2. This questionnaire is designed to 
collect specific Y2K preparedness information for a vessel or fleet of 
vessels. Page 3 is the U.S. Supplement 1. The Coast Guard developed 
U.S. Supplement 1 to collect vessel specific information such as vessel 
type and cargo. It also asks one additional risk assessment-related 
question concerning Y2K contingency planning. Page 4 is a list of 
Marine Safety Offices/Captains of the Port. Foreign vessels requesting 
to transit the Cape Cod Canal must submit the questionnaire directly to 
COTP Providence, RI.

Y2K Reporting Requirements for Vessels Owned in the United States

    Vessels owned in the U.S. are required by the Interim rule 
published on June 23, 1999 (amended August 2, 1999), to submit Y2K 
compliance information by August 20, 1999. Therefore there is no 
additional Y2K information required. However, if you are the vessel 
representative of a vessel owned in the U.S. that will transit the Cape 
Cod Canal during any of the peak risk periods, you must provide advance 
notification to COTP Providence, RI, no later than 24 hours prior to 
the vessel's transit of the canal.

Y2K Reporting Requirements for Foreign Flag Vessels

    If you are a representative of a foreign flag vessel that will 
transit the Cape Cod Canal during one of the peak risk periods, you 
must give notification and submit a Vessel Questionnaire to COTP 
Providence, RI, no later than 24 hours prior to the vessel's arrival at 
the approach buoys of the canal.

Regulatory Evaluation

    This 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. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040; February 26, 
l979).

Costs

    The costs of the rule are the labor costs, and fax and mail costs 
required by industry to complete and submit the questionnaires, plus 
costs to the government to review the forms. The total cost of the rule 
to industry and government is less than $1,000.

Benefits

    This rule will provide COTP Providence RI with critical Y2K 
preparedness information on vessels desiring to transit the Cape Cod 
Canal. COTP Providence, RI will use this information to identify 
potentially high risk operations during peak risk periods so 
appropriate measures can be taken to promote safety and environmental 
protection.

Small Entities

    Since we did not publish a notice of proposed rulemaking, this 
action is not covered by the Regulatory Flexibility Act (5 U.S.C. 601-
612). However, we have considered whether this temporary rule would 
have a significant economic

[[Page 71658]]

impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. Small entities that own or operate certain U.S. vessels or 
foreign flag vessels that desire to transit the Cape Cod Canal on one 
of the peak dates are affected by this rule. Small entities that own or 
operate uninspected commercial fishing vessels, uninspected passenger 
vessels, uninspected barges, recreational vessels, and public vessels 
are exempted from this rule. It is expected to take a foreign vessel 
representative, on average, 13 minutes to complete a Vessel 
Questionnaire (includes 8 minutes to complete IMO Year 2000 
Questionnaire 2 and 5 minutes to complete U.S. Supplement 1). The total 
cost for a single vessel, on average, is expected to range from $9.45 
to $10.75 (depending on delivery costs). For each additional vessel in 
a fleet, total labor cost increases by $3.60 per vessel, and total 
delivery cost increases by $0 to $0.65, depending upon method of 
delivery.
    The smaller a company's fleet, the smaller the hour burden and 
labor cost to complete and submit the Vessel Questionnaire. Because 
fleet size is a reasonable measure of entity size, we expect small 
entities to have relatively small fleets. According to the Coast 
Guard's data base, a U.S. vessel company, on average, has 4 vessels. 
Thus, the total hour burden and total cost of this rule to an entity 
with an average fleet is 0.47 hours and from $21.15 to 24.58, 
respectively. We expect the hour burden and cost of this rule to small 
entities to be less than this average.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this temporary rule would not have a significant economic impact on a 
substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this temporary interim rule so that they can 
better evaluate its effects on them and participate in the rulemaking. 
If the rule will affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please call LT Dennis O'Mara at 
(617) 223-8334.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    Need for Information: At present, there are no regulations 
requiring advance notification or Y2K preparedness information for 
vessel transiting the Cape Cod Canal during one of the peak risk 
periods. The advance notice of arrival and Y2K preparedness information 
required by this rule will help COTP Providence, RI assess vessel 
preparedness for potential Y2K-related malfunctions of equipment and 
systems. This preparedness information will help COTP Providence, RI 
identify potentially hazardous situations during peak Y2K risk periods, 
enabling him to take appropriate measures to promote port safety and 
environmental protection.
    Proposed Use of Information: To help COTP Providence, RI conduct 
Y2K risk assessments for vessels transiting the Cape Cod Canal. Risk 
assessments will identify potentially hazardous situations during peak 
risk periods so appropriate measures can be taken to help ensure port 
safety and environmental protection.
    Description of the Respondents: Vessels that transit the Cape Cod 
Canal during one of the peak risk periods.
    Number of Respondents: 50 U.S. Vessels and 25 foreign vessels. 
These totals are based upon information provided by the Army Corps of 
Engineers regarding the average number of vessel transits through the 
Cape Cod Canal.
    Frequency of Response: One arrival notification for each U.S. 
vessel and one arrival notification, one IMO Year 2000 questionnaire 2, 
and one U.S. supplement 1 for each foreign flag vessel. Each U.S. 
company will be required to give 24-hour advance notice of arrival for 
every vessel in its fleet that desires to transit the Cape Cod canal 
during one of the peak risk periods. We expect that 50 advance notices 
of arrival will be submitted for U.S. vessels. The Coast Guard 
estimates it will take, on average, 5 minutes (0.08 hours) to submit 
advance notification of arrival. Thus, the total hour burden to U.S. 
vessel companies is less than 3 hours. With an average unit labor cost 
of $45 per hour, we expect the total labor cost to owners/operators of 
U.S. vessels is $135.
    The Coast Guard estimates the average delivery cost for the 
required vessel information is $0.65 per page by fax. The Coast Guard 
anticipates receiving 100% notice of arrivals via fax. U.S. vessel 
representatives will submit a total of 50 submissions via fax. Thus, 
the delivery cost of this rule to U.S. vessels is $32.50. The total 
cost to U.S. vessels is $167.50.
    The Coast Guard estimates that 25 foreign flag vessels will desire 
to transit the Cape Cod Canal during one of the peak risk periods. 
Thus, we expect that a total of 25 arrival notifications, 25 IMO Year 
2000 Questionnaire 2's and 25 U.S. Supplement 1's will be submitted by 
foreign flag vessel representatives. The Coast Guard estimates it will 
take, on average, 5 minutes (0.08 hours) to complete and submit an 
advance notification of arrival, 5 minutes (0.08 hours) to complete and 
submit U.S. Supplement 1, and 8 minutes (0.13 hours) to complete and 
submit IMO Year 2000 Questionnaire 2. Consequently, the total hour 
burden to foreign flag vessels is 6.25 hours. At a unit labor cost of 
$45 per hour, the total labor cost is $281.25.
    We expect foreign flag vessel representatives to submit a total of 
25 submissions (25 advance arrival notifications, 25 IMO Year 2000 
Questionnaires and 25 U.S. Supplement 1's). The Coast Guard estimates 
that 100% (75 pages) will be submitted via fax at a cost of $0.65 per 
page. Thus, we estimate the total delivery cost to foreign flag vessels 
is $48.75. The total cost of this rule to foreign flag vessels is 
$330.00. The total cost of this rule to industry is $497.50.

Estimate of Total Annual Burden

    The estimated total annual burden is 11.5 hours. The temporary 
interim rule implementing this collection will be effective from 
December 22, 1999 through February 29, 2000.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we have submitted a copy of this temporary interim rule to 
the Office of Management and Budget (OMB) for its review of the 
collection of information.
    We ask for public comment on the collection of information to help 
us determine how useful the information is; whether it can help us 
perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the

[[Page 71659]]

quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    The Coast Guard has received emergency approval from OMB on the 
collection of information requirements (OMB approval number 2115-0643). 
This emergency OMB approval is effective until March 31, 2000.

Federalism

    We have analyzed this temporary rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This temporary rule would not impose an unfunded mandate.

Taking of Private Property

    This temporary rule would not effect a taking of private property 
or otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This temporary rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this temporary rule under E.O. 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this temporary rule and 
concluded that, under figure 2-1, paragraph (34)(i), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. This rule establishes temporary reporting 
requirements that will assist the Coast Guard in assessing Y2K-related 
risks. A ``Categorical Exclusion Determination'' is available in the 
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Waterways.

Regulation

    For the reasons set out in the preamble, the Coast Guard amends 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), 
6.04-1, 6.04-1, 6.04-6 and 160.5; 49 CFR 1.46. Sec. 165.100 is also 
issued under the authority of sec. 311, Pub. L. 105-383.

    2. Add temporary Sec. 165.123 to read as follows:


Sec. 165.123  Regulated Navigation Area: Cape Cod Canal.

    (a) The waters of the Cape Cod Canal as defined by the area between 
Cleveland East Ledge lighted buoy in Buzzards Bay to the 1351 lighted 
buoy at the east end of the canal in Cape Cod Bay.
    (b) Definitions. Terms used in this section have the same meaning 
as those found in 33 CFR 160.309.
    (c) Effective period. This section is effective from December 22, 
1999 to March 1, 2000.
    (d) Applicability. This section applies to U.S. and foreign flag 
vessels transiting the Cape Cod Canal during one of the following 
periods:
    (1) Between midnight December 30, 1999 and midnight January 1, 2000 
(48 hours); and,
    (2) Between midnight February 27, 2000 and midnight February 29, 
2000 (48 hours).
    (e) Exemptions. The following vessels are exempt from complying 
with this section:
    (1) Recreational vessels under 46 U.S.C. 4301 et seq.;
    (2) Public vessels;
    (3) Uninspected commercial fishing vessels;
    (4) Uninspected barges; and
    (5) Uninspected passenger vessels.
    (f) Regulations.
    (1) The vessel representative of a U.S. vessel that will transit 
the Cape Cod Canal during a period described in paragraph (d) of this 
section, must provide arrival notification to COTP Providence RI, in 
accordance with requirements contained in 33 CFR 160.207 at least 24 
hours prior to transiting the canal.
    (2) The vessel representative of a foreign flag vessel that will 
transit the Cape Cod Canal during a period described in paragraph (d) 
of this section, must provide the following to COTP Providence, RI, at 
least 24 hours prior to transiting the canal:
    (i) Arrival notification in accordance with 33 CFR 160.207; and
    (ii) A Vessel Questionnaire, as contained in appendix A to subpart 
D of part 160 of this chapter.
    (iii) The information required to complete the questionnaire 
includes:
    (A) Name of person completing the questionnaire;
    (B) Company contact personnel and address, phone number, facsimile 
number (if available), and electronic mail address (if available);
    (C) Vessel's name;
    (D) Vessel's type;
    (E) Cargo type;
    (F) Vessel's gross tonnage;
    (G) Vessel's Flag State;
    (H) Vessel's IMO or Official Number; and,
    (I) Status of Y2K preparedness.

    Dated: December 9, 1999.
R.M. Larrabee,
Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-33213 Filed 12-21-99; 8:45 am]
BILLING CODE 4910-15-U