[Federal Register Volume 65, Number 56 (Wednesday, March 22, 2000)]
[Proposed Rules]
[Pages 15283-15285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7104]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-198]
RIN 2115-AA97


Safety Zone: Parade of Tall Ships Newport 2000, Newport, RI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary moving 
safety zone around vessels participating in the Newport, RI, parade of 
Tall Ships on July 2, 2000. The proposed moving safety zone will extend 
two hundred (200) yards ahead of the lead vessel to two hundred (200) 
yards astern of the last vessel in the parade, and two hundred (200) 
yards abeam of each parading vessel along the designated parade route. 
The safety zone is needed to protect each of the Tall Ships, which will 
have limited maneuverability, from damage as well as protect passing 
and spectator vessels. Entry into this zone will be prohibited unless 
authorized by the Captain of the Port, Providence, Rhode Island.

DATES: Comments and related material must reach the Coast Guard on or 
before May 8, 2000.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Providence, 20 Risho Avenue, East Providence, Rhode Island 
02914. The Prevention Department maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at Marine Safety Office Providence between 8 am and 3 pm, 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: CWO John W. Winter at Marine Safety 
Office Providence, (401) 435-2335.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage 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 (CGD01 99-
198), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. However, you may 
submit a request for a meeting by writing to Marine Safety Office 
Providence at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    There will be numerous Tall Ships and other smaller sailing vessels 
participating in a parade of sail on Sunday, July 2, 2000, for the Tall 
Ships Newport 2000 celebration. The entire parade event is scheduled to 
last approximately six hours, beginning at 10 a.m. and ending at 4 p.m. 
The parading vessels will transit outbound from Newport Harbor, then 
north through the East Passage, Narragansett Bay, underneath the 
Newport Bridge, westward around Gould Island, and then southbound out 
to sea.

[[Page 15284]]

Discussion of Proposed Rule

    The Coast Guard proposes this rule to protect spectator craft, 
mariners and the Tall Ships themselves from possible collision while 
the Tall Ships are making way under sail and have limited mobility in 
the channel during the parade. The entire parade event is scheduled to 
last approximately six hours, beginning at 10 am and ending at 4 pm. 
The parading vessels will transit outbound from Newport Harbor, then 
north through the East Passage, Narragansett Bay, underneath the 
Newport Bridge, westward around Gould Island, and then southbound out 
to sea. The parade of sail route extends through the East Passage of 
Narragansett Bay and passes through the following points: (see NOAA 
Charts(s) #13218, 13221, 13223).

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
41.30'18" N..............................  71.20'58" W
41.31'43" N..............................  71.20'00" W
41.33'29" N..............................  71.19'14" W
41.33'29" N..............................  71.20'55" W
41.32'19" N..............................  71.21'12" W
41.28'45" N..............................  71.20'45" W
41.27'44" N..............................  71.22'24" W
------------------------------------------------------------------------

    We feel this proposed rule would give the Coast Guard the authority 
to ensure the safety of all vessels participating in the parade event 
as well as spectator craft enjoying the event.

Regulatory Evaluation

    This proposed 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, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    This safety zone involves only the southeast portion of 
Narragansett Bay and would shut down the East passage to commercial and 
recreation traffic during the event. The effect of this regulation will 
not be significant because this rule would be in effect for only 
approximately 6 hours, recreational vessel traffic could pass safely 
around the safety zone through the West passage, and maritime 
advisories will be made well in advance allowing large commercial 
traffic to schedule around the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit or anchor in a small portion of Narragansett Bay 
for approximately six hours between the hours of 10 am and 4 pm on July 
2, 2000.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule would be in effect for only approximately 6 hours. Recreational 
vessel traffic could pass safely around the safety zone through the 
West passage. Before the effective period, we would issue maritime 
advisories widely available to users of the bay, and this will allow 
large commercial traffic ample time to schedule around the event.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact CWO John W. Winter, telephone 
(401) 435-2335.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

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

Unfunded Mandates Reform Act

    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 proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed 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 proposed 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 proposed 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

    The Coast Guard has considered the environmental impact of 
implementing this proposed rule and concluded that, under figure 2-1, 
paragraph 34(g), of Commandant Instruction M16475.lC, this proposed 
rule is categorically excluded from further environmental 
documentation. 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), Reports and 
recordkeeping requirements, Security measures, and Waterways.


[[Page 15285]]


    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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(g), 6.04-
1, 6.04-6 and 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T01-198 to read as follows:


Sec. 165.T01-198  Safety Zone: Parade of Tall Ships Newport 2000, Rhode 
Island, Lower Narragansett Bay, East Passage.

    (a) Location. A moving safety zone 200 yards ahead of the lead 
vessel in the parade, 200 yards astern of the last vessel in the 
parade, and 200 yards abeam of each vessel participating in the Tall 
Ships Newport 2000 parade of sail. The parade of sail route extends 
through the East Passage of Narragansett Bay and passes through the 
following points: (see NOAA Charts(s) #13218, 13221, 13223)

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
41.30'18" N..............................  71.20'58" W
41.31'43" N..............................  71.20'00" W
41.33'29" N..............................  71.19'14" W
41.33'29" N..............................  71.20'55" W
41.32'19" N..............................  71.21'12" W
41.28'45" N..............................  71.20'45" W
41.27'44" N..............................  71.22'24" W
------------------------------------------------------------------------

    (b) Effective period. Paragraph (a) of this section is effective 
between 10 a.m. and 4 p.m. on Sunday, July 2, 2000. Departure time is 
dependent on the tide, weather and granting of authority for departure 
by the Captain of the Port, Providence.
    (c) Regulations. (1) The general regulations governing safety zones 
contained in 33 CFR 165.23 apply.
    (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. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by siren, radio, 
flashing light, or other means, the operator of the vessel shall 
process as directed.

    Dated: March 6, 2000.
Peter A. Popko,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Office 
Providence.
[FR Doc. 00-7104 Filed 3-21-00; 8:45 am]
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