[Federal Register Volume 65, Number 85 (Tuesday, May 2, 2000)]
[Proposed Rules]
[Pages 25458-25460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10848]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-007]
RIN 2115-AA97


Regulated Navigation Area, Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to decrease the safety zone ahead of 
loaded Liquefied Natural Gas tank vessels while the vessels transit 
Boston North Channel and Boston Harbor from two (2) miles ahead to one 
(1) mile ahead of the vessel. This action is necessary to bring the 
current safety zone into more realistic boundaries due to the 
configuration of the harbor. This decrease of one mile ahead of the 
vessel will have no effect on the safety of the transits of these 
vessels, and will serve to facilitate commerce in Boston Harbor.

DATES: Comments and related material must reach the Coast Guard on or 
before July 3, 2000.

ADDRESSES: Comments should be made to: Commanding Officer, Marine 
Safety Office Boston, Attn: LT Mike Antonellis, 455 Commercial Street, 
Boston, Massachusetts 02109. The Inspections and Investigations 
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 the 
Coast Guard Marine Safety Office between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Mike Antonellis, Marine Safety 
Office, Boston, Massachusetts 02109; (617) 223-3000.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting comments and related material. Each 
person submitting comments should include their name and address, 
identify the docket number for this rulemaking (CGD1-00-007), indicate 
the specific section of this document to which each comment applies, 
and give the reason for each comment. Comments and related material 
should be submitted on 8\1/2\" x 11" paper in a format suitable for 
copying. Persons requesting acknowledgement of receipt of comments 
should enclose a stamped, self-addressed postcard or envelope. All 
comments and material submitted during the comment period will be 
considered by the Coast Guard and may change this proposal.

Public Meeting

    The Coast Guard has no plans to hold a public meeting. Persons may 
request a public meeting by writing to Marine Safety Office, Boston, MA 
at the address under ADDRESSES explaining why one would be beneficial. 
If the Coast Guard determines that oral presentations would aid this 
rulemaking, it will hold one at a time and place announced by a later 
notice in the Federal Register. 

[[Page 25459]]

Background and Purpose

    The purpose of this regulation is to allow for more realistic 
management of the current safety zone. The current safety zone is for 
two (2) miles ahead of Liquefied Natural Gas (LNG) tank vessels when 
transiting Boston Harbor. During these transits, two (2) miles ahead of 
the vessel is not always visible from the vessel, due to the physical 
configuration of the harbor.
    LNG tank vessels transit Boston Harbor approximately once a week. 
Currently, a safety zone is in place two (2) miles ahead of a loaded 
LNG vessel and one (1) mile astern of the vessel while transiting 
Boston Harbor. The current two (2) mile ahead distance extends beyond 
the harbor for the majority of the transit. Reducing this distance to 
one (1) mile will allow a more realistic management of the safety zone 
by eliminating areas beyond the harbor and main ship channel from the 
safety zone.

Discussion of Proposed Rule

    The existing rule will be amended to reduce the safety zone from 
two (2) miles ahead to one (1) mile ahead of all Liquefied Natural Gas 
tank vessels transiting Boston Harbor. The purpose of this regulation 
is to allow for more realistic management of the current safety zone 
due to the physical configuration of the harbor.

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).
    The Coast Guard expects 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.
    As this proposed rule will decrease the boundaries of an already 
existing safety zone, the economic impact should be minimal, as fewer 
entities will be affected by the new safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard 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 portion of Boston Harbor during 
Liquefied Natural Gas Carrier transits.
    This reduction of the safety zone would not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. Although the safety zone would apply to the majority 
of the harbor, traffic would be allowed to pass through the zone with 
the permission of the Coast Guard patrol commander. Before the 
effective period, maritime advisories would be made to notify all users 
of the harbor.
    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 LT Mike Antonellis, Marine 
Safety Office, Boston, MA 02109; (617) 223-3000.

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

    The Coast Guard has analyzed this proposed rule under E.O. 13132 
and has 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

    We considered the environmental impact of 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 is 
not required for actions that reduce the size of a safety zone.

List of Subjects in 33 CFR Part 165

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

Regulation

    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 1.05-1(g), 
6.04-6 and 160.5; 49 CFR 1.46.

[[Page 25460]]

Sec. 165.110  [Amended]

    2. In Sec. 165.110(a)(1), remove the words ``two miles'' and add, 
in its place, the words ``one mile''.

    Dated: April 3, 2000.
J.R. Whitehead,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 00-10848 Filed 5-1-00; 8:45 am]
BILLING CODE 4910-15-P