[Federal Register Volume 65, Number 132 (Monday, July 10, 2000)]
[Rules and Regulations]
[Pages 42287-42289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17337]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-130]
RIN 2115-AA97


Safety Zone: USS John F. Kennedy, Boston Harbor, Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary moving safety zones 
around the aircraft carrier USS John F. Kennedy as it transits Boston 
Harbor on July 10, and 17, 2000. The safety zones will be in effect 
Monday, July 10, 2000 from 5 a.m. to 8 a.m. Eastern Daylight Time (EDT) 
as the vessel transits inbound from the ``NC'' buoy to the North Jetty 
and Monday, July 17, 2000 from 12 noon to 2 p.m. on July 17, 2000 from 
North Jetty to the ``NC'' buoy as the vessel departs the Port of 
Boston. The safety zones are needed to protect persons, facilities, 
vessels and others in the maritime community from the safety hazards 
associated with the ship's limited maneuverability.

DATES: This rule is effective from 6 a.m. on Monday, July 10, 2000 
until 2 p.m. on Monday, July 17, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD01-00-130 and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Office Boston, 455 Commercial 
Street, Boston, MA 02109 between 8 a.m. and 3 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Brian Downey, Marine Safety 
Office Boston, 617-223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    As authorized by 5 U.S.C. 553(b)(B), a notice of proposed 
rulemaking (NPRM) was not published for this regulation. Under 5 U.S.C. 
553(b)(B), the Coast Guard finds that good cause exists for not 
publishing a NPRM and for making this regulation effective in less than 
30 days after publication in the Federal Register. Due to the complex 
planning and coordination involved with naval scheduling, final details 
for the temporary closure were not provided to the Coast Guard in time 
to draft and publish a NPRM or a final rule 30 days in advance of its 
effective date. Any delay in implementing this rule would be contrary 
to the public interest since immediate action is necessary to 
temporarily close a portion of Boston Harbor waterway and protect the 
maritime public from the hazards associated with the limited 
maneuverability of an aircraft carrier.

Background and Purpose

    This regulation establishes two moving safety zones extending 300 
yards in all directions from the aircraft carrier USS John F. Kennedy. 
The first safety zone will be enforced during the ship's transit from 
the Boston Harbor Entrance lighted whistle buoy ``NC'' (LLNR 10680) en 
route to North Jetty on July 10, 2000 from 6 a.m. to 8 a.m. or until 
the ship is safely moored. The second safety zone will be enforced on 
July 17, 2000 from 12 noon to 2 p.m. during the ship's outbound transit 
from North Jetty to the Boston Harbor Entrance lighted whistle buoy 
``NC'' (LLNR 10680).

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).
    The Coast Guard expects 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. The safety 
zone temporarily closes portions of North Channel, President Roads, and 
Boston Inner Harbor. Due to the limited duration of the event, and the 
Coast Guard's advance marine advisories, the safety zone will minimally 
affect vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a

[[Page 42288]]

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. ``Small entities'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and 
are not dominant in their fields and (2) governmental jurisdictions 
with populations of less than 50,000. This rule will affect the 
following entities, some of which may be small entities: the owners and 
operators of vessels intending to transit or anchor in a portion of 
Boston Harbor during the periods the safety zones will be enforced. 
These safety zones will not have a significant economic impact on a 
substantial number of small entities because traffic may be permitted 
to pass through the zone with the permission of the Captain of the Port 
(COTP). Additionally, since the safety zone will be moving with the USS 
John F. Kennedy, no single portion of the harbor will be closed for an 
extended time as the safety zone passes. Traffic in the affected 
channels may still be able transit in the harbor provided they remain 
outside the safety zone. The Coast Guard will issue maritime advisories 
widely available to users of Boston Harbor and the affected channels 
before and during the effective period.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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

    This rule calls 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 Government's having first provided the funds to pay 
those unfunded mandate 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 E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This 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 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 considered the environmental impact of 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 for inspection or copying where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 follows:

PART 165--REGULATED NAVIATION 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), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. Add temporary section 165.T01-138 to read as follows:


Sec. 165.T01-038  Safety Zones: USS John F. Kennedy, Boston Harbor, 
Massachusetts

    (a) Safety Zones:
    (1) USS John F. Kennedy inbound transit:
    (i) Location. The following area is a safety zone: All waters 
extending three hundred (300) yards in any direction from the inbound 
aircraft carrier USS John F. Kennedy during its transit from the Boston 
Harbor Entrance Lighted Whistle Buoy ``NC'' to its berth at North 
Jetty, Boston Harbor, MA.
    (ii) Enforcement Period. This section is enforced from 6 a.m. until 
8 a.m. on Monday, July 10, 2000.
    (2) USS John F. Kennedy outbound transit:
    (i) The following area is a safety zone: All waters extending three 
hundred (300) yards in any direction from the outbound aircraft carrier 
USS John F. Kennedy during its transit from its berth at North Jetty, 
Boston Harbor, to Boston Harbor Entrance Lighted Whistle Buoy ``NC''.
    (ii) Enforcement Period. This section is enforced from 12 noon 
until 2 p.m. on Monday, July 17, 2000.
    (b) Regulations.
    (1) In accordance with the general regulations in section 165.23 of 
this part, entry into or movement within this zone is prohibited unless 
authorized by the Captain of the Port (COTP) Boston.
    (2) All persons and vessel operators shall comply with the 
instructions of the COTP or the designated on-scene U.S. Coast Guard 
patrol personnel. U.S. Coast Guard patrol personnel include 
commissioned, warrant, and petty officers of the U.S. Coast Guard.
    (3) The general regulations covering safety zones in section 165.23 
of this part apply.
    (c) Effective date: This section is effective from 6 a.m. on July 
10, 2000 until 2 p.m. July 17, 2000.


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    Dated: June 27, 2000.
J.R. Whitehead,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 00-17337 Filed 7-5-00; 3:21 pm]
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