[Federal Register Volume 66, Number 221 (Thursday, November 15, 2001)]
[Rules and Regulations]
[Pages 57385-57387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28620]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

CGD1-01-193

RIN 2115-AA97


Safety Zones; The Icebreaker Youth Rowing Championship--Boston 
Harbor, Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary safety zones for the 
Icebreaker Youth Rowing Championship to be held on November 17, 2001 in 
Boston, MA. These safety zones are needed to protect the maritime 
public from any hazards. This rule will temporarily prohibit entry into 
all waters of Boston Inner Harbor within 300 yards around vessels 
participating in the Icebreaker Youth Rowing Championship.

DATES: This rule is effective from 8 a.m. until 4:30 p.m. on November 
17, 2001.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Marine Safety Office Boston, 455 Commercial 
Street, Boston, MA between the hours of 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Michael Popovich, 
Marine Safety Office Boston, Waterways Safety and Response Division, at 
(617) 223-3067.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing a NPRM and for making this regulation effective in less than 
30 days after publication in

[[Page 57386]]

the Federal Register. Information about this event was not provided to 
the Coast Guard until October 22, 2001, making it impossible to draft 
or publish a NPRM or a final rule 30 days in advance of its effective 
date. Any delay encountered in this regulation's effective date would 
be unnecessary and contrary to public interest since immediate action 
is needed to prevent traffic from transiting a portion of the Boston 
Inner Harbor, Boston, Massachusetts, and provide for the safety of 
vessels participating in the Icebreaker Youth Rowing Championship, 
their crews, and others in the maritime community and to provide 
generally for safety of life on navigable waters. Additionally, these 
temporary safety zones will only exist during this 8-hour-and-30-
minute-long local event and should have negligible impact on vessel 
transits because vessels are not precluded from using other portions of 
the waterway.

Background and Purpose

    The Icebreaker Youth Rowing Championship will be taking place in 
Boston Inner Harbor on Saturday, November 17, 2001. This event is a 
round-robin race with two starting points, the Charles River Dam to 
Pier 2 at the Charlestown Navy Yard and Pier 4 at the Charlestown Navy 
Yard to a point off the U.S. Coast Guard Support Center. There will be 
four to six participating vessels, oared row boats, in this race. This 
regulation establishes safety zones in the waters of Boston Inner 
Harbor within 300 yards of the participating vessels.
    These safety zones are in effect from 8 a.m. to 4:30 p.m. on 
November 17, 2001. These safety zones prohibit entry into or movement 
within these portions of the Boston Inner Harbor and are needed to 
protect participating vessels and their crews, and the maritime public 
from possible collision between participating vessels and others in the 
maritime community. Marine traffic may transit safely outside of the 
safety zones during the event. The Captain of the Port does not 
anticipate any negative impact on vessel traffic due to this event. 
Public notifications will be made prior to the effective period via 
local notice to mariners and marine information broadcasts.

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.
    Although this regulation prevents traffic from transiting a portion 
of the Boston Inner Harbor during this event, the effect of this 
regulation will not be significant for several reasons: the minimal 
time that vessels will be restricted from the zones, that vessels may 
safely transit outside of the safety zones, and advance notifications 
which will be made to the local maritime community by marine 
information broadcasts.

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 the Boston Inner Harbor from 8 a.m. 
until 4:30 p.m. November 17, 2001. These safety zones will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: vessel traffic can safely pass outside of 
the safety zones during the event, the event is limited in duration, 
and the Coast Guard will issue maritime advisories before the effective 
period via marine information broadcasts.

Collection of Information

    This 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 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 affect 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 
pose an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations that

[[Page 57387]]

Significantly Affect Energy Supply, Distribution, or Use. We have 
determined that it is not a ``significant energy action'' under that 
order because it is not a ``significant regulatory action'' under 
Executive Order 12866 and is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy. It has not been 
designated by the Administrator of the Office of Information and 
Regulatory Affairs as a significant energy action. Therefore, it does 
not require a Statement of Energy Effects under Executive Order 13211.

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, 160.5; 49 CFR 1.

    2. Add temporary Sec. 165.T01-193 to read as follows:


Sec. 165.T01-193  Safety Zones: The Icebreaker Youth Rowing 
Championship--Boston Harbor, Boston, Massachusetts.

    (a) Location. The following areas are safety zones: All waters of 
Boston Inner Harbor within 300 yards of row boats participating in the 
Icebreaker Youth Rowing Championship.
    (b) Effective date. This section is effective from 8 a.m. until 
4:30 p.m. on November 17, 2001.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into or movement within these zones 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: October 30, 2001.
B.M. Salerno,
Captain, U. S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 01-28620 Filed 11-14-01; 8:45 am]
BILLING CODE 4910-15-U