[Federal Register Volume 65, Number 107 (Friday, June 2, 2000)]
[Rules and Regulations]
[Pages 35278-35279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13815]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
around vessels participating in the Newport, RI, parade of Tall Ships 
on July 2, 2000. The 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: This rule is effective from 10 a.m. until 4 p.m. on July 2, 
2000.

ADDRESSES: Comments and material received from the public as well as 
documents indicated in this preamble as being available in the docket 
are available for inspection or copying at Coast Guard Marine Safety 
Office Providence, 20 Risho Avenue, Providence, Rhode Island 02914 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

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

SUPPLEMENTARY INFORMATION:   

Regulatory Information

    On March 22, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Parade of Tall Ships Newport 2000, Newport, RI in the 
Federal Register (65 FR 15283). We received no comments. No public 
hearing was requested, and none was held.

Background and Purpose

    This rule is needed to ensure the safe navigation of the Tall Ships 
and other smaller sailing vessels participating in a parade of sail on 
Sunday, July 2, 2000, as well as the safety of spectator craft. 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.
    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 deg.3018"N.............................  71 deg.2058"W
41 deg.3143"N.............................  71 deg.2000"W
41 deg.3329"N.............................  71 deg.1914"W
41 deg.3329"N.............................  71 deg.2055"W
41 deg.3219"N.............................  71 deg.2112"W
41 deg.2845"N.............................  71 deg.2045"W
41 deg.2744"N.............................  71 deg.2224"W
------------------------------------------------------------------------

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, 
1979).
    We expect 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 safety zone involves only the southeast portion of 
Narragansett Bay and will 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 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 rule will 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will 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 from 10 a.m. 
and 4 p.m. on July 2, 2000.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be in effect for 6 hours; recreational vessel traffic 
can pass safely around the safety zone through the West passage; and, 
before the effective period, we will issue maritime advisories widely 
available to users of the bay, allowing large commercial traffic ample 
time to schedule around the event.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. No requests for 
assistance were received. Small businesses may send comments on the 
actions of the 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

    This rule will 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 rule under Executive Order 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

[[Page 35279]]

Government's having first provided the funds to pay those costs. This 
rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets the standards in sections 3(a) and 3(b)(2) of 
Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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 rule and concluded that, under figure 2-1, paragraph 
34(g), of Commandant Instruction M16475.lC, this 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.

    For the reasons discussed in the preamble, the Coast Guard amends 
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 deg.3018"N.............................  71 deg.2058"W
41 deg.3143"N.............................  71 deg.2000"W
41 deg.3329"N.............................  71 deg.1914"W
41 deg.3329"N.............................  71 deg.2055"W
41 deg.3219"N.............................  71 deg.2112"W
41 deg.2845"N.............................  71 deg.2045"W
41 deg.2744"N.............................  71 deg.2224"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 
proceed as directed.

    Dated: May 22, 2000.
Peter A. Popko,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Office 
Providence.
[FR Doc. 00-13815 Filed 6-1-00; 8:45 am]
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