[Federal Register Volume 69, Number 135 (Thursday, July 15, 2004)]
[Rules and Regulations]
[Pages 42335-42340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16099]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 110 and 165

[CGD01-04-088]
RIN 1625-AA87, 1625-AA00, 1625-AA01, 1625-AA11


Regulated Navigation Areas, Anchorage Grounds, Safety and 
Security Zones; Tall Ships Rhode Island 2004, Narragansett Bay, RI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing regulated navigation areas, 
anchorage grounds, and safety and security zones in and adjacent to 
Narragansett Bay, Rhode Island for the Tall Ships Rhode Island 2004 
event. These actions are necessary to provide for the safety of life 
and property on the navigable waters in and adjacent to Narragansett 
Bay, Rhode Island and for the security of participating Tall Ships 
during the Tall Ships Rhode Island 2004 event, Narragansett Bay, Rhode 
Island. These actions will temporarily restrict vessel traffic in 
portions of and adjacent to Narragansett Bay.

DATES: This rule is effective from 6 a.m., e.d.t. July 14, 2004 through 
8 p.m., e.d.t. July 19, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-04-088 and are available for 
inspection or copying at the Waterways Management Department, Coast 
Guard Marine Safety Office Providence, 20 Risho Avenue, East 
Providence, RI 02914, between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant P. Garcia, Waterways 
Management Department, Coast Guard Marine Safety Office Providence, at 
(401) 435-2363.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Due to the complex planning 
and coordination involved, final details for the Tall Ships Rhode 
Island 2004 event were not provided to the Coast Guard until June 22, 
2004, making it impossible to publish a NPRM or a final rule 30 days in 
advance.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Any delay in implementing this 
rule will be contrary to the public interest due to the risks inherent 
in this high visibility marine event with the participation of a large 
number of spectator and participating vessels.

Background and Purpose

    Newport, Rhode Island, will host the Tall Ships Rhode Island 2004 
festival from July 16-19, 2004. While the Tall Ships Rhode Island 2004 
event is not an annual event, this visit of Class A, B and C sailing 
vessels is part of an annual series of sail training races, rallies, 
cruise and port festivals organized by the American Sail Training 
Association (``ASTA'') in conjunction with host ports in the United 
States and Canada.
    The Tall Ships visit to Newport, which will occur from July 14-19, 
2004, will include the festival from July 16-19, 2004 and a Parade of 
Sail on July 19, 2004. Approximately 20 Class A, B and C vessels are 
expected to participate in the Parade of Sail. These regulations will 
provide for the safety of life and protection of property on the 
navigable waters in and adjacent to Narragansett Bay, Rhode Island by 
preventing the large number of spectator vessels from interfering with 
the organized Parade of Sail. There will be vessels participating in 
the event from several foreign countries and the high visibility of 
this event warrants that both safety and security zones be established 
to safeguard participating vessels, their crews and the maritime public 
from sabotage or other subversive acts, accidents, or other hazards of 
a similar nature.
    The participating vessels will anchor in designated anchorages in 
the East Passage of Narragansett Bay on July 14, 2004. On July 15, 
2004, the participating vessels will depart the anchorage area and 
proceed to moor at Goat Island in preparation for the festival. On July 
19, 2004, Coast Guard Cutter (CGC) EAGLE will depart State Pier and the 
Tall Ships will depart Goat Island and proceed to a parade staging area 
just seaward of, and adjacent to the East Passage, Narragansett Bay. At 
noon e.d.t. on July 19, 2004 the vessels will transit up the East 
Passage, Narragansett Bay, to a turning point just north of Gould 
Island, the vessels will then transit back down the East Passage, exit 
Narragansett Bay and head for sea.
    These rules create vessel movement controls and safety and security 
zones for the Parade of Sail, and creates temporary anchorage 
regulations. The regulations will be in effect at various times in 
Narragansett Bay and in the waters adjacent to and seaward of East 
Passage, Narragansett Bay, beginning on July 14, 2004 until July 19, 
2004. Vessel congestion due to the large number of participating and 
spectator vessels poses a significant threat to the safety of life and 
property. This temporary rulemaking is necessary to ensure the safety 
of life and property in the navigable waters of the United States, and 
to safeguard participating vessels, their crews and the maritime public 
from sabotage or other subversive acts, accidents, or other hazards of 
a similar nature.

Regulated Navigation Areas

    The Coast Guard is establishing three temporary Regulated 
Navigation Areas in Narragansett Bay, one from July 14-15, 2004, one 
from July 15-19, 2004 and one on July 19, 2004.
    Regulated Navigation Area ``A'' (Area A) is needed to protect the 
maritime public and participating vessels from hazards to navigation 
associated with the overnight anchoring of Tall Ships in temporary 
anchorage Potter Cove located in the East Passage, Narragansett Bay.
    Area A includes all waters of charted Anchorage A in the East 
Passage, Narragansett Bay, that lay north of the Claiborne Pell/Newport 
Bridge. (The portion of Anchorage A south of the Claiborne Pell/Newport 
Bridge is not affected by these regulations). This Regulated Navigation 
Area is effective from 6 a.m. e.d.t. on July 14, 2004 to 8 p.m. e.d.t. 
on July 15, 2004.
    Vessels transiting Area A must do so at no wake speed or at speeds 
not to exceed 6 knots, whichever is less. Vessels transiting Area A 
must not maneuver within 20 yards of a Tall Ship or other vessel 
participating in the Tall Ships Rhode Island 2004 event, unless 
authorized by the Captain of the Port (COTP) Providence or her 
designated on-scene representatives. On-scene representatives include 
commissioned, warrant, and petty officers of the U.S. Coast Guard.
    Regulated Navigation Area ``B'' (Area B) is needed to protect the 
maritime public and participating vessels from hazards to navigation 
associated with numerous spectator craft approaching

[[Page 42336]]

moored Tall Ships berthed at Goat Island and CGC EAGLE berthed at State 
Pier for the Tall Ships Rhode Island 2004 event.
    Area B includes all waters within Newport Harbor south of Goat 
Island Causeway and north to an east-west line along latitude 
41[deg]29'00''N between a point just southwest of Christie's Landing, 
Newport, in approximate position 41[deg]29'00''N and 71[deg]18'58''W, 
and the southern tip of Goat Island. This Regulated Navigation Area 
will be effective from 6 a.m. e.d.t. on July 15, 2004, to noon e.d.t. 
on July 19, 2004.
    Vessels transiting Area B must do so at speeds of at least 3 knots 
or at no wake speed whichever is more, but not to exceed 6 knots. 
Vessels transiting Area B must not maneuver within 20 yards of a moored 
Tall Ship or other vessels participating in the Tall Ships Rhode Island 
2004 event, unless authorized by the COTP Providence or her designated 
on-scene representatives. On-scene representatives include 
commissioned, warrant, and petty officers of the U.S. Coast Guard. 
Vessels must enter Area B from the eastern side of Newport Harbor, 
proceed north in a counterclockwise direction to a turning point south 
of the causeway, and continue to proceed south along the western side 
of Newport Harbor to the exit of Area B.
    For vessels other than the Tall Ships, those vessels proceeding 
under sail when not also propelled by machinery, are not allowed in 
Area B due to increased difficulty in maintaining required speed of 
advance while sailing, as well as limited maneuvering ability to 
proceed in a single file behind numerous other spectator craft viewing 
the moored Tall Ships.
    Regulated Navigation Area ``C'' (Area C) is needed to protect the 
maritime public as well as passenger-for-hire and excursion vessels 
greater than 50 feet that may be anchored in the East Passage, 
Narragansett Bay, from hazards to navigation associated with numerous 
spectator craft during the Parade of Sail.
    Area C encompasses that portion of temporary anchorage Potter Cove 
which includes all waters of charted Anchorage A in the East Passage, 
Narragansett Bay, that lay north of the Claiborne Pell/Newport Bridge 
and west of the Picket Line Safety and Security Zone set forth in this 
regulation. This Regulated Navigation Area is effective from 10 a.m. 
e.d.t. on July 19, 2004 to 8 p.m. e.d.t. on July 19, 2004.
    Vessels transiting Area C must do so at no wake speed or at speeds 
not to exceed 6 knots, whichever is less. Vessels transiting Area C 
must not maneuver within 20 yards of an excursion vessel and passenger-
for-hire vessel greater than 50 feet permitted to anchor within this 
area for the viewing of the Parade of Sail, unless authorized by the 
COTP Providence or her designated on-scene representatives. On-scene 
representatives include commissioned, warrant, and petty officers of 
the U.S. Coast Guard.

Anchorage Regulations

    The Coast Guard is establishing two temporary Anchorage regulations 
for Tall Ships participating in the Tall Ships Challenge hosted by the 
American Sail Training Association, vessels participating in the Tall 
Ships Rhode Island 2004 event, and authorized excursion and passenger-
for-hire vessels greater than 50 feet in length. These regulations will 
restrict all other vessels from using the Anchorage Grounds during 
various portions of the Tall Ships Rhode Island 2004 event. These 
Anchorage Grounds are needed to provide a safe and secure anchorage 
area for participating Tall Ships prior to berthing at Goat Island, and 
to provide a safe viewing area for excursion and passenger-for-hire 
spectator vessels, thereby reducing congestion and traffic conflicts 
with smaller spectator vessels, while maintaining a clear parade route 
for the Tall Ships participating in the Parade of Sail.
    The Coast Guard is establishing temporary Anchorage ``Potter Cove'' 
exclusively for Tall Ships participating in ASTA's Tall Ships Challenge 
and vessels participating in the Tall Ships Rhode Island 2004 Festival. 
Temporary Anchorage Potter Cove will be of the same coordinates of the 
existing Anchorage A (set forth in 33 CFR 110.145(a)(1)) in the East 
Passage, Narragansett Bay, that lay north of the Claiborne Pell/Newport 
Bridge, and will be established from 6 a.m. e.d.t. on July 14, 2004 
until 8 p.m. e.d.t. on July 15, 2004.
    The Coast Guard is establishing temporary Anchorage ``Potter Cove 
II'' exclusively for spectator vessels greater than 50 feet in length 
carrying passengers-for-hire for the viewing of the Parade of Sail. 
Temporary Anchorage Potter Cove II will be of the same coordinates of 
the existing Anchorage A in that portion that lies north of the 
Claiborne Pell/Newport Bridge and west of the Safety and Security Zone 
Picket Line, and will be established from 10 a.m. e.d.t. on July 19, 
2004 until 8 p.m. e.d.t. on July 19, 2004.
    Anchorages Potter Cove and Potter Cove II will be entirely within 
the same area as the Regulated Navigation Area ``A''. Therefore vessels 
other than those participating in ASTA's Tall Ships Challenge and the 
Tall Ships Rhode Island 2004 event as well as authorized spectator 
vessels, will not be permitted to anchor and must transit at reduced 
speeds staying at least 20 yards away from any Tall Ship and authorized 
spectator vessels.

Safety and Security Zones

    The Coast Guard is establishing two Safety and Security Zones for 
the Tall Ships Rhode Island 2004 event.
    Safety and Security Zone ``Staging Area'' is a staging area for the 
Parade of Sail participants just seaward of and adjacent to the East 
Passage, Narragansett Bay, and extending in a 1000 yard radius from a 
point at latitude 41[deg]25'00''N, longitude 71[deg]23'00''W. 
Coordinates are in North American Datum, (NAD) 1983. Safety and 
Security Zone ``Staging Area'' will be in effect from 10 a.m. e.d.t. on 
July 19, 2004 until 8 p.m. e.d.t. on July 19, 2004.
    Safety and Security Zone ``Picket Line'' covers all waters of the 
East Passage, Narragansett Bay, within the following boundaries: 
Beginning at approximate position 41[deg]27'19''N, 71[deg]23'08''W, 
which marks the western end of the Parade of Sail start line, then 
northward to the Lighted Gong Buoy ``7'' (LLNR 17800) in approximate 
position 41[deg]28'18''N, 71[deg]22'14''W, then to the Lighted Gong 
Buoy ``9'' (LLNR 17805) in approximate position 41[deg]28'38''N, 
71[deg]21'15''W, then to the Lighted Bell Buoy ``11'' (LLNR 17810) in 
approximate position 41[deg]29'00''N, 71[deg]21'00''W, then to 
approximate position 41[deg]29'33''N, 71[deg]21'04''W, then to 
approximate position 41[deg]30'19''N, 71[deg]21'04''W below the 
Claiborne Pell/Newport Bridge, then to approximate position 
41[deg]31'07''N, 71[deg]21'17''W, then to approximate position 
41[deg]31'49''N, 71[deg]21'26''W, then to approximate position 
41[deg]32'30''N, 71[deg]21'22''W, then to approximate position 
41[deg]33'00''N, 71[deg]21'17''W, then to the U.S. Navy Buoy ``E'' in 
approximate position 41[deg]33'38''N, 71[deg]21'00''W, then to the U.S. 
Navy Buoy ``F'' in approximate position 41[deg]33'52''N, 
71[deg]20'27''W, then to the charted Halfway Rock in approximate 
position 41[deg]33'48''N, 71[deg]19'55''W. The Safety and Security Zone 
Picket Line will continue southward to approximate position 
41[deg]33'14''N, 71[deg]19'125''W, then to approximate position 
41[deg]32'28''N, 71[deg]19'306''W, then to approximate position 
41[deg]31'55''N, 71[deg]19'427''W, then to the Lighted Bell Buoy ``14'' 
(LLNR 17940) in approximate position 41[deg]31'00''N, 71[deg]20'04''W, 
then to approximate position 41[deg]30'28''N, 71[deg]20'21''W, then to 
approximate

[[Page 42337]]

position 41[deg]30'12'', 71[deg]20'30''W below the Claiborne Pell/
Newport Bridge, then to the Mitchell Rock Gong Buoy ``3'' (LLNR 17865) 
in approximate position 41[deg]29'34''N, 71[deg]20'11''W, then to the 
Goat Island Southwest Buoy ``1'' (LLNR 17825) in approximate position 
41[deg]28'57''N, 71[deg]19'14''W, then to approximate position 
41[deg]29'30''N, 71[deg]20'13''W, then to approximate position 
41[deg]28'22''N, 71[deg]20'00''W, then to approximate position 
41[deg]27'55''N, 71[deg]21'43''W, then to the Bell Buoy ``6'' (LLNR 
17790) in approximate position 41[deg]27'27''N, 71[deg]21'57''W, then 
to approximate position 41[deg]26'57''N, 71[deg]21'57''W, which marks 
the eastern end of the Parade of Sail start line. This Safety and 
Security Zone will be used for the Tall Ships Parade of Sail parade 
route and is effective from 10 a.m. e.d.t. on July 19, 2004 until 8 
p.m. e.d.t. on July 19, 2004. All coordinates are NAD 1983. All 
pleasure craft 10 feet and under in length are not allowed within 200 
yards of the Picket Line since their presence will dramatically 
decrease crowd control capability, thus creating further safety and 
security concerns for all participants. This Safety and Security Zone 
is designed to fit the needs of safety by facilitating the transit of 
participating vessels through the parade route and minimizing the 
impact on the maritime community.
    No vessel may enter, remain in, or transit within the Safety and 
Security Zone Picket Line unless authorized by the Coast Guard COTP 
Providence or her on-scene designated representatives as defined above. 
Each person or vessel in a safety zone shall obey any direction or 
order of the COTP.
    This safety and security zone regulation is enforceable by the 
terms set forth by 33 United States Code (U.S.C.) 1232. Enforcement of 
violations of these regulations may include, in addition to any civil 
and criminal penalties authorized by 33 U.S.C. 1232, in rem liability 
against the offending vessel as well as license sanctions against the 
offending mariner. This regulation is published under the authority 
contained in title 33 U.S.C. 1223 and 1225, and the regulations 
promulgated thereunder.

Discussion of Rule

    This rule provides for the safety and security of spectator craft, 
mariners, and the Tall Ships themselves while the Tall Ships are: 
anchored prior to berthing availability at Goat Island, loitering while 
awaiting tug escort to their assigned berths, while berthed at Goat 
Island and State Pier, Newport, Rhode Island, during the Tall Ships 
Rhode Island 2004 event, loitering and making preparations in the 
staging area prior to the Parade of Sail, and proceeding in the Parade 
of Sail. During the Parade of Sail, the Tall Ships will be under way, 
most likely under sail, and with limited mobility. The actual Parade of 
Sail is scheduled to last approximately eight hours, beginning at noon 
e.d.t. on July 19, 2004 and ending at approximately 8 p.m. e.d.t. on 
July 19, 2004. The parading vessels will muster at a staging area just 
seaward of the East Passage, Narragansett Bay, and then transit north 
through the East Passage, underneath the Claiborne Pell/Newport Bridge, 
then to a turning point just south of the charted Halfway Rock, then 
return south through the East Passage, underneath the Claiborne Pell/
Newport Bridge, then exit the parade route and head for sea.
    This rule gives the Coast Guard the authority to ensure the safety 
of all vessels participating in the Tall Ships Rhode Island 2004 event 
as well as spectators and recreational craft enjoying the event.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. These regulations involve only the southern 
portion of Narragansett Bay and will close the East Passage to 
commercial traffic only during the eight-hour window for the Parade of 
Sail on July 19, 2004. The West Passage will remain open to vessel 
traffic at all times. The impact of this regulation will not be 
significant because the majority of these regulations will be in effect 
for approximately eight hours, the expected duration of the Parade of 
Sail, and most vessel traffic can pass safely around affected areas of 
the East Passage by transiting through the West Passage, Narragansett 
Bay. Additionally, extensive advanced notifications will be made to the 
maritime community via the Local Notice to Mariners, marine information 
broadcasts, local port safety committee meetings, area newspapers, and 
e-mail Marine Safety Information Bulletins. Mariners will be able to 
adjust their plans accordingly based on the extensive advance 
information. Additionally, the regulated navigation area, anchorage 
grounds, and safety and security zones have been narrowly tailored to 
impose the least impact on maritime interests yet provide the level of 
safety and protection deemed necessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 may 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 Narragansett Bay on July 14 and July 15, 
2004, and particularly during the Parade of Sail on July 19, 2004, when 
the navigation channel in the East Passage, Narragansett Bay, is closed 
to all traffic except vessels participating in the Parade of Sail.
    These regulations will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
regulations affecting navigation in the East Passage, Narragansett Bay, 
will be in effect temporarily, and only for those periods of time 
necessary for the safety and security of the Tall Ships Rhode Island 
2004 event participants. Recreational vessel traffic can pass safely 
around designated safety and security zones and anchorages. 
Additionally, designated areas for viewing the Parade of Sail have been 
established to allow for use by commercial tour boats that usually 
operate in the area. Before the effective periods, the Coast Guard will 
make notification to the public via Local Notice to Mariners and 
Broadcast Notice to Mariners.
    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.

[[Page 42338]]

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. If this rule will affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Lieutenant P. 
Garcia, Waterways Management, MSO Providence, at (401) 435-2363.
    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

    A rule has implications for Federalism under Executive Order 13132, 
federalism, if it has a substantial direct effect on State or local 
governments and will either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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

    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 create 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, 
because it does not have 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that will limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(f) and (g), of the Instruction, from further 
environmental documentation. An ``Environmental Analysis Check List'' 
and a ``Categorical Exclusion Determination'' are available in the 
docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 165

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


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR parts 110 and 165 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035 and 
2071; 33 CFR 1.05-1(g); Department of Homeland Security Delegation 
No. 0170.1.


0
2. From 6 a.m. e.d.t. on July 14, 2004 to 8 p.m. e.d.t. on July 19, 
2004, temporarily amend Sec.  110.145 by adding the following 
paragraphs (a)(6), (a)(7), (d)(7), and (d)(8) to read as follows:


Sec.  110.145  Narragansett Bay, RI.

    (a) * * *
    (6) Anchorage Potter Cove. (i) Temporary Anchorage Potter Cove is 
of the same coordinates as that portion of charted Anchorage A that 
lies north of the Claiborne Pell/Newport Bridge, defined in paragraph 
(a)(1) above.
    (ii) This paragraph will be enforced from 6 a.m. e.d.t. on July 14, 
2004 until 8 p.m. e.d.t. on July 15, 2004.
    (7) Anchorage Potter Cove II. Temporary Anchorage Potter Cove II is

[[Page 42339]]

of the same coordinates as that portion of charted Anchorage A (defined 
in paragraph (a)(1) above) in the East Passage, Narragansett Bay, that 
lay north of the Claiborne Pell/Newport Bridge and west of the 
temporary Safety and Security Zone Picket Line set forth in 33 CFR 
165.T01-088(a)(2).
* * * * *
    (d) * * *
    (7)(i) Temporary Anchorage Potter Cove is designated for the 
exclusive use of vessels participating in the American Sail Training 
Association (ASTA's) Tall Ships Challenge, that will arrive on July 14, 
2004, and await berthing availability on Goat Island.
    (ii) Enforcement period. This paragraph will be enforced from 6 
a.m. e.d.t. on July 14, 2004 until 8 p.m. e.d.t. on July 15, 2004.
    (8)(i) Temporary Anchorage Potter Cove II is designated for the 
exclusive use of spectator vessels exceeding 50 feet in length carrying 
passengers-for-hire for the viewing of the Tall Ships Parade of Sail.
    (ii) Enforcement period. This paragraph will be enforced from 10 
a.m. e.d.t. on July 19, 2004 until 8 p.m. e.d.t. on July 19, 2004.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 33 CFR 
1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 
2064; Department of Homeland Security Delegation No. 0170.1.


0
4. From 10 a.m. e.d.t. on July 19, 2004 to 8 p.m. e.d.t. on July 19, 
2004, temporarily add Sec.  165.T01-088 to read as follows:


Sec.  165.T01-088  Safety and Security Zones: Tall Ships Rhode Island 
2004, Narragansett Bay, Rhode Island.

    (a) Regulated area. The following areas are established as Safety 
and Security Zones:
    (1) Staging area safety and security zone: All waters just seaward 
of and adjacent to the East Passage, Narragansett Bay, Rhode Island, 
within a 1000 yard radius from a point at latitude 41[deg]25'00''N, 
longitude 71[deg]23'00''W. All coordinates are NAD 1983.
    (2) Picket Line safety and security zone: All waters of the East 
Passage, Narragansett Bay, Rhode Island, within the following 
boundaries: Beginning at approximate position 41[deg]27'19''N, 
71[deg]23'08''W, which marks the western end of the Parade of Sail 
start line, then northward to the Lighted Gong Buoy ``7'' (LLNR 17800) 
in approximate position 41[deg]28'18''N, 71[deg]22'14''W, then to the 
Lighted Gong Buoy ``9'' (LLNR 17805) in approximate position 
41[deg]28'38''N, 71[deg]21'15''W, then to the Lighted Bell Buoy ``11'' 
(LLNR 17810) in approximate position 41[deg]29'00''N, 71[deg]21'00''W, 
then to approximate position 41[deg]29'33''N, 71[deg]21'04''W, then to 
approximate position 41[deg]30'19''N, 71[deg]21'04''W below the 
Claiborne Pell/Newport Bridge, then to approximate position 
41[deg]31'07''N, 71[deg]21'17''W, then to approximate position 
41[deg]31'49''N, 71[deg]21'26''W, then to approximate position 
41[deg]32'30''N, 71[deg]21'22''W, then to approximate position 
41[deg]33'00''N, 71[deg]21'17''W, then to the U.S. Navy Buoy ``E'' in 
approximate position 41[deg]33'38''N, 71[deg]21'00''W, then to the U.S. 
Navy Buoy ``F'' in approximate position 41[deg]33'52''N, 
71[deg]20'27''W, then to the charted Halfway Rock in approximate 
position 41[deg]33'48''N, 71[deg]19'55''W. The Safety and Security Zone 
Picket Line will continue southward to approximate position 
41[deg]33'14''N, 71[deg]19'125''W, then to approximate position 
41[deg]32'28''N, 71[deg]19'306''W, then to approximate position 
41[deg]31'55''N, 71[deg]19'427''W, then to the Lighted Bell Buoy ``14'' 
(LLNR 17940) in approximate position 41[deg]31'00''N, 71[deg]20'04''W, 
then to approximate position 41[deg]30'28''N, 71[deg]20'21''W, then to 
approximate position 41[deg]30'12''N, 71[deg]20'30''W below the 
Claiborne Pell/Newport Bridge, then to the Mitchell Rock Gong Buoy 
``3'' (LLNR 17865) in approximate position 41[deg]29'34''N, 
71[deg]20'11''W, then to the Goat Island Southwest Buoy ``1'' (LLNR 
17825) in approximate position 41[deg]28'57''N, 71[deg]19'14''W, then 
to approximate position 41[deg]29'30''N, 71[deg]20'13''W, then to 
approximate position 41[deg]28'22''N, 71[deg]20'00''W, then to 
approximate position 41[deg]27'55''N, 71[deg]21'43''W, then to the Bell 
Buoy ``6'' (LLNR 17790) in approximate position 41[deg]27'27''N, 
71[deg]21'57''W, then to approximate position 41[deg]26'57''N, 
71[deg]21'57''W, which marks the eastern end of the Parade of Sail 
start line. All coordinates are NAD 1983.
    (b) Regulations. No vessels may transit within the Safety and 
Security Zone Staging Area or the Safety and Security Zone Picket Line 
without the express authorization of the Coast Guard Captain of the 
Port (COTP) Providence or her designated on-scene representative. All 
pleasure craft 10 feet and under in length are not allowed within 200 
yards of the Picket Line. All persons and vessels shall comply with the 
instructions of the COTP or her designated on-scene representative. On-
scene representatives include commissioned, warrant, and petty officers 
of the U.S. Coast Guard. Upon being hailed by siren, radio, flashing 
light, or other means, the operator of the vessel shall proceed as 
directed.
    (c) Enforcement period. This section will be enforced from 10 a.m. 
e.d.t. on July 19, 2004 until 8 p.m. e.d.t. on July 19, 2004.

0
5. From 6 a.m. e.d.t. on July 14, 2004 to 8 p.m. e.d.t. on July 15, 
2004, temporarily add Sec.  165.T01-089 to read as follows:


Sec.  165.T01-089  Regulated Navigation Areas: Tall Ships Rhode Island 
2004, Narragansett Bay, Rhode Island.

    (a) Regulated area.
    (1) Regulated Navigation Area A. (i) The following area is a 
Regulated Navigation Area: All waters of charted Anchorage A (set forth 
in 33 CFR 110.145(a)(1)) in the East Passage, Narragansett Bay, that 
lay north of the Claiborne Pell/Newport Bridge. (The portion of 
Anchorage A south of the Claiborne Pell/Newport Bridge is not affected 
by these regulations.)
    (ii) Enforcement period. This section will be enforced from 6 a.m. 
e.d.t. on July 14, 2004 to 8 p.m. e.d.t. on July 15, 2004.
    (2) Regulated Navigation Area B. (i) The following area is a 
Regulated Navigation Area: All waters within Newport Harbor south of 
Goat Island Causeway and north to an east-west line along latitude 
41[deg]29'00''N between a point just southwest of Christie's Landing, 
Newport, in approximate position 41[deg]29'00''N and 71[deg]18'58''W, 
and the southern tip of Goat Island.
    (ii) Enforcement period. This section will be enforced from 6 a.m. 
e.d.t. on July 15, 2004 until noon e.d.t. on July 19, 2004.
    (3) Regulated Navigation Area C. (i) The following area is a 
Regulated Navigation Area: All waters of charted Anchorage A (set forth 
in 33 CFR 110.145(a)(1)) in the East Passage, Narragansett Bay, that 
lay north of the Claiborne Pell/Newport Bridge and west of the 
temporary Safety and Security Zone Picket Line set forth in 33 CFR 
165.T01-088(a)(2). (The portion of Anchorage A south of the Claiborne 
Pell/Newport Bridge and east of the temporary Safety and Security Zone 
Picket Line are not affected by these regulations).
    (ii) Enforcement period. This section will be enforced from 10 a.m. 
e.d.t. on July 19, 2004 to 8 p.m. e.d.t. on July 19, 2004.
    (b) Regulations. (1)(i) Vessels transiting Regulated Navigation 
Area A must do so at no wake speed or at

[[Page 42340]]

speeds not to exceed 6 knots, whichever is less.
    (ii) Vessels transiting this area must not maneuver within 20 yards 
of a Tall Ship or other vessel participating in the Tall Ships Rhode 
Island 2004 Festival (identified by a Tall Ships Rhode Island 2004 
flag), unless authorized by the Coast Guard Captain of the Port (COTP) 
Providence or her designated on-scene representative. On-scene 
representatives include commissioned, warrant, and petty officers of 
the U.S. Coast Guard.
    (2)(i) Vessels transiting Regulated Navigation Area B must do so at 
speeds of at least 3 knots or at no wake speed whichever is more, but 
not to exceed 6 knots.
    (ii) Vessels transiting this area must not maneuver within 20 yards 
of a moored Tall Ship, unless authorized by the Coast Guard Captain of 
the Port (COTP) Providence or her designated on-scene representative. 
On-scene representatives include commissioned, warrant, and petty 
officers of the U.S. Coast Guard.
    (iii) Vessels must enter Regulated Navigation Area B in a 
counterclockwise direction, proceed north along the eastern side of 
Newport Harbor to a turning point south of the causeway in approximate 
position 41[deg]29'28''N and 71[deg]19'40''N, then proceed south down 
the western side of Newport Harbor and exit the area to the left side 
of the entrance.
    (iv) For vessels other than the Tall Ships, those vessels 
proceeding under sail when not also propelled by machinery, are not 
allowed in Area B due to increased difficulty in maintaining required 
speed of advance while sailing, as well as limited maneuvering ability 
to proceed single file behind numerous other spectator craft viewing 
the moored Tall Ships.
    (3)(i) Vessels transiting Regulated Navigation Area C must do so at 
no wake speed or at speeds not to exceed 6 knots, whichever is less.
    (ii) Vessels transiting Regulated Navigation Area C must not 
maneuver within 20 yards of an excursion vessel and passenger-for-hire 
vessel greater than 50 feet permitted to anchor within this area, 
unless authorized by the COTP Providence or her on-scene 
representative. On-scene representatives comprise of commissioned, 
warrant, and petty officers of the U.S. Coast Guard.

    Dated: July 9, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-16099 Filed 7-12-04; 2:53 pm]
BILLING CODE 4910-15-P