[Federal Register Volume 65, Number 144 (Wednesday, July 26, 2000)]
[Rules and Regulations]
[Pages 45910-45911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18938]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-185]

RIN 2115-AA97


Safety Zone: IB 909 Barge Conducting Outfall Pipe Construction in 
Massachusetts Bay

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Cashman/Interberton IB 909 barge conducting outfall pipe 
construction in Massachusetts Bay. The safety zone temporarily closes 
all waters in Massachusetts Bay within a five hundred (500) yard radius 
of the IB 909 barge located at position 42 deg.23'19.57"N, 
070 deg.46'50.12"W.

DATES: This rule is in effect from Friday, July 7, 2000 until Saturday, 
October 21, 2000.

ADDRESSES: Comments and Material received from the public, as well as 
documents as indicated in this preamble are part of docket CG D01-00-
185 and are available for inspection or copying at Marine Safety Office 
Boston, 455 Commercial Street, Boston, MA 02109 between the hours of 8 
a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (junior grade) David 
Sherry, Marine Safety Office Boston, Waterways Management Division, at 
(617) 223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Under 5 U.S.C. 553(d)(3), 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 Federal 
Register publication. Conclusive information about this event was not 
provided to the Coast Guard until June 14, 2000, making it impossible 
to draft or publish a NPRM or a final rule 30 days in advance of its 
effective date. Publishing a NPRM and delaying its effective date would 
be contrary to the public interest since immediate action is needed to 
close a portion of the waterway and protect the maritime public from 
the hazards associated with this construction project.

Background and Purpose

    This regulation establishes a safety zone on the waters of 
Massachusetts Bay in a five hundred (500) yard radius around the IB 909 
construction barge located at position 42 deg.23'19.57"N, 
070 deg.46'50.12"W. The safety zone is in effect from Friday, July 7, 
2000 until Saturday, October 21, 2000. This safety zone prohibits entry 
into or movement within this portion of Massachusetts Bay and is needed 
to protect the maritime public from the dangers posed by this 
construction project.

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).
    Due to the limited size of the safety zone, the fact that the 
safety zone will not restrict navigational channels, and the advance 
maritime advisories that will be made, 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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this 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 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 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of Massachusetts Bay in the vicinity of 
42 deg.23'19.57"N, 070 deg.46'50.12"W from July 7, 2000 until October 
21, 2000.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: 
mariners may freely navigate around the safety zone

[[Page 45911]]

and the Coast Guard will issue marine radio advisories before the 
effective period widely available to users of the Bay.

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

    The Coast Guard analyzed this rule under Executive Order 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 rule would not impose an unfunded mandate.

Taking of Private Property

    This rule would 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 applicable 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

    The Coast Guard 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 considered the environmental impact of this rule 
and concluded that, under figure 2-1, (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 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), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.

    2. Add temporary Sec. 165.T01-185 to read as follows:


Sec. 165.T01-185  Safety Zone: IB 909 Barge Outfall Pipe Construction, 
Massachusetts Bay, Massachusetts

    (a) Location. The following area is a safety zone: All waters of 
Massachusetts Bay within a five hundred (500) yard radius of the 
construction barge located at position 42 deg.23'19.57" N, 
070 deg.46'50.12" W.
    (b) Effective Date. This section is effective from Friday, July 7, 
2000 until Saturday, October 21, 2000.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec. 165.23 of 
this part, entry into or movement within this zone is prohibited unless 
authorized by the Captain of the Port Boston.
    (2) All vessel operators shall comply with the instructions of the 
COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, local, state, and federal law enforcement vessels.

    Dated: July 5, 2000.
J. R. Whitehead,
Captain, U. S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 00-18938 Filed 7-25-00; 8:45 am]
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