37854 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing amendment 39–9187 (60 FR

17990, April 10, 1995), and by adding

a new airworthiness directive (AD),

amendment 39–11789, to read as

follows:

2000–12–11 Airbus Industrie: Amendment

39–11789. Docket 98–NM–164–AD.

Supersedes AD 95–07–05, Amendment

39–9187.

Applicability: Model A300–600 series

airplanes, certificated in any category, on

which Airbus Modification 10161 has not

been installed in production.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For airplanes that have been modified,

altered, or repaired so that the performance

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (c) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent fatigue cracks in the bolt holes

of the wing spars, which could result in

reduced structural integrity of a wing spar,

accomplish the following:

Ultrasonic Inspections

(a) Perform an ultrasonic inspection to

detect fatigue cracking of the bolt holes

inboard and outboard of rib 9 on the bottom

booms of the front and rear wing spars, in

accordance with Airbus Service Bulletin

A300–57–6037, dated August 1, 1994, or

Revision 1, dated August 31, 1995, at the

applicable time specified in paragraph (a)(1)

or (a)(2) of this AD. Repeat the inspection

thereafter at intervals not to exceed 4,800

flight cycles or 11,000 flight hours,

whichever occurs first.

(1) For airplanes on which Airbus

Modification 8842 (reference Airbus Service

Bulletin A300–57–6039) has not been

installed: Inspect at the earlier of the times

specified by paragraphs (a)(1)(i) and (a)(1)(ii)

of this AD.

(i) Prior to the accumulation of 17,000 total

flight cycles, or within 2,000 flight cycles

after May 10, 1995 (the effective date of AD

95–07–05, amendment 39–9187), whichever

occurs later.

(ii) Prior to the accumulation of 39,000

total flight hours.

(2) For airplanes on which Airbus

Modification 8842 has been installed: Inspect

at the earlier of the times specified by

paragraphs (a)(2)(i) and (a)(2)(ii) of this AD.

(i) Within 17,000 flight cycles after

accomplishment of Airbus Modification

8842, or within 2,000 flight cycles after May

10, 1995, whichever occurs later.

(ii) Within 39,000 flight hours after

accomplishment of Airbus Modification

8842.

Corrective Action

(b) If any crack is found, prior to further

flight, repair in accordance with Airbus

Service Bulletin A300–57–6037, dated

August 1, 1994, or Revision 1, dated August

31, 1995. Thereafter, perform the repetitive

inspections required by paragraph (a) of this

AD.

Alternative Methods of Compliance

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

Special Flight Permits

(d) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the airplane to a

location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(e) The actions shall be done in accordance

with Airbus Service Bulletin A300–57–6037,

dated August 1, 1994; or Airbus Service

Bulletin A300–57–6037, Revision 1, dated

August 31, 1995, as applicable. Airbus

Service Bulletin A300–57–6037, Revision 1,

dated August 31, 1995, contains the

following list of effective pages:

Page No.

Revision

level shown

on page

Date shown on

page

1, 2, 4–6 1 .................. August 31, 1995.

3, 7–17 Original ........ August 1, 1994.

(1) The incorporation by reference of

Airbus Service Bulletin A300–57–6037,

Revision 1, dated August 31, 1995, is

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51.

(2) The incorporation by reference of

Airbus Service Bulletin A300–57–6037,

dated August 1, 1994, was approved

previously by the Director of the Federal

Register as of May 10, 1995 (60 FR 17990,

April 10, 1995).

(3) Copies may be obtained from Airbus

Industrie, 1 Rond Point Maurice Bellonte,

31707 Blagnac Cedex, France. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

Note 3: The subject of this AD is addressed

in French airworthiness directive 94–208–

169(B)R2, dated October 8, 1997.

(f) This amendment becomes effective on

July 24, 2000.

Issued in Renton, Washington, on June 9,

2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–15186 Filed 6–16–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100, 110, and 165

[CGD01–99–191]

RIN 2115–AA97, AA98, AE46

Temporary Regulations: Sail Boston

2000, Port of Boston, MA.

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary regulations,

including regulated areas, safety and

security zones, and spectator anchorages

before, during, and after Sail Boston

2000 events in the Port of Boston,

Massachusetts, between July 10–16,

2000. These regulations are necessary to

promote the safe navigation of vessels

and the safety of life and property

during the heavy volume of vessel

traffic expected during the events.

DATES: This rule is effective from July

10, 2000 until July 16, 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 CGD01–99–191 and are

available for inspection and copying at

the Coast Guard Marine Safety Office

Boston, 455 Commercial Street, Boston,

MA 02109 between 7:30 a.m. and 4 p.m.

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Brian J. Downey, Marine

Safety Office Boston, Waterways

Management Division, (617) 223–3006.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On March 15, 2000, the Coast Guard

published a notice of proposed

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 37855

rulemaking (NPRM) entitled Temporary

Regulations: Sail Boston 2000, Port of

Boston, MA in the Federal Register

Volume 65, Page 13926. The Coast

Guard received two letters commenting

on the proposed rule. No public hearing

was requested, and none was held.

Comments received have resulted in

modification of the final rule; therefore,

under 5 U.S.C. 553(d)(3), the Coast

Guard finds good cause for making this

rule effective in less than 30 days.

On March 9, 2000 the Captain of the

Port, Boston hosted a meeting for small

passenger vessel operators to detail the

scope and content of the marine events

and proposed regulations. The meeting

yielded no comments.

Background and Purpose

The temporary regulations are for Sail

Boston 2000 events held in Boston

Harbor. These events are from July 10

through 16, 2000. This rule provides for

the safety of life on navigable waters

and to protect U.S. Navy vessels, tall

ships, spectators, and the Port of Boston

during these events. At the time of this

Final rule, Sail Boston 2000 events

include the following:

1. July 10–11: Tall Ship Rally.

2. July 11: Grand Parade of Sail.

4. July 11–16: Safety and Security

Zones.

5. July 11–16: USS JOHN F.

KENNEDY and Support Vessel Visits.

6. July 12–15: Public Boarding of Tall

Ships.

7. July 15: Boston 2000 Fireworks

Extravaganza.

8. July 16: Salute to USS

CONSTITUTION Parade.

9. July 16: Tall Ships 2000 Race

Restart.

Discussion of Comments and Changes

The Coast Guard received one

telephonic comment regarding a slight

coordinate inaccuracy in 33 CFR

110.T01–135–191(6) describing

Spectator Anchorage B. The error was

verified and corrected to properly reflect

the anchorage boundary and has no

regulatory effect. Moreover, additional

coordinates were included for

regulation locations throughout this

Final rule. The coordinates are intended

to clarify locations described in the

Final rule and do not change its

regulatory impact.

The Coast Guard received a written

comment regarding marine sanitation

pumpout boats. The Commonwealth of

Massachusetts is promoting the use of

pumpout boats among spectator craft to

reduce potential sewage discharge in

state waters. The comment suggested

pumpout boats should be permitted to

move freely among the spectator

anchorages during the various marine

events to remove spectator craft sewage.

Further, the pumpout boats intend to

provide no cost service to the attending

boating public during the marine events.

The suggestion conflicts with the

restrictions imposed as temporary

regulations hereunder in amendments to

33 CFR parts 100 and 110. However, the

pumpout boats will proactively advance

the Coast Guard’s and Massachusetts’

pollution prevention policies. The Coast

Guard decided to alter 33 CFR 100.T01–

191(9) and 33 CFR 110.T01–135–

191(b)(xii) to permit pumpout boats

limited access to move within specific

spectator anchorages. The regulation

does not permit pumpout boats to cross

any main channels or intended tall ship

parade routes during the effective

periods.

The Coast Guard received another

comment requesting non-participating

tall ships to be permitted into safety

zones during effective periods. The

temporary safety zones are specifically

and clearly designed to facilitate

participating vessels only. Participating

vessels are represented by the event

sponsor who is the Coast Guard Marine

Event Permit applicant. As part of the

marine event permit, the Coast Guard

requires the event sponsor to satisfy

various safety, pollution prevention,

and vessel traffic requirements before

the event permit is issued. Should nonparticipating vessels enter the safety

zones, it will cause confusion and

diminish safety, as the Masters will not

be apprised of special operating

instructions. The Coast Guard has not

amended regulations in response to this

comment. The same comment also

suggested Spectator Anchorage G to be

exclusively used by tall ships which

choose not to use berthing. The

regulations were not changed in

response to this comment because

Spectator Anchorage G already permits

use by any vessel which is authorized

by the Captain of the Port, which

includes tall ships which choose not to

use berthing.

The Coast Guard also received a

comment regarding the USS JOHN F.

KENNEDY’S security zone detailed in

33 CFR 165.TO1–195. The comment

suggested there is little need for the

security zone to extend continuously

from July 10, 2000 through July 16,

2000. The Coast Guard has decided to

leave the defined security zone

boundary in 33 CFR 165.TO1–195(a),

however, the Captain of the Port will

broadcast times when mariners will be

allowed to pass through the security

zone. Times when mariners can pass

through the security zone will be

announced via Coast Guard Safety

Marine Information Broadcasts on VHF

radio using channels 13 and 16.

Announcements will start at least one

hour prior to when mariners will be

permitted in the zone, and will continue

for the period the Captain of the Port

permits transit through the zone.

The Coast Guard also changed the

introductory note in § 110.155 to

emphasize the mariners’ need to

exercise caution while using the

temporarily designated spectator

anchorages for Sail Boston 2000. While

the Coast Guard is not aware of any

safety problems associated with these

temporary spectator anchorages, the

Coast Guard makes no assurances of the

holding power of each area nor that the

bottoms are free from obstructions.

Mariners are advised to take appropriate

precautions including using all means

available to ensure their vessels are not

dragging anchor. Verbal discussion at an

April 24, 2000 Marine Safety Office

Boston Waterways Management meeting

suggested an alternate arrangement for

spectator Anchorages K and L found in

33 CFR 110.T01–135–191(a)(14) and

(15). To better accommodate Parade of

Sail viewing from a Disabled American

Veterans’ site on Long Island, the Coast

Guard has switched Spectator

Anchorages K and L functions on July

10–11, 2000. On July 10–11, 2000

Spectator Anchorage L will be a special

use anchorage. On July 10–11, 2000

Spectator Anchorage K will

accommodate inspected small passenger

vessels. On July 15–16, 2000 Spectator

Anchorage K will be a special use

anchorage as originally planned. On

July 15–16, 2000 Spectator Anchorage L

will accommodate inspected small

passenger vessels as originally planned.

The partial anchorage switch improves

viewing for the disabled without

affecting safety. This change from the

NPRM does not alter the regulatory

effect of this final rule since the

boundaries of the anchorages remain the

same, and spectator areas for inspected

small passenger vessels continue to be

provided.

Regulated Areas

Regulated Area A covers all waters of

Broad Sound and Boston Outer Harbor

bounded by lines drawn along the

coordinates 070°52′00′′ W, 070°57′13′′

W, 42°17′30′′ N, and 42°24′42′′ N

including the following waterways:

Nahant Bay, Broad Sound, Boston North

Channel, Boston South Channel, Nubble

Channel, Hull Bay, and Nantasket

Roads. The area also includes all

temporary spectator anchorages

established in 33 CFR 110.T01–135–

191. Regulated Area A is applicable

37856 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

from 8 a.m. until 6 p.m. on July 11, 2000

and 8 a.m. until 6 p.m. on July 16, 2000.

Regulated Area B covers all waters of

Boston Inner Harbor westward from a

line drawn between Deer Island at

position 42°20′38′′ N, 070°57′13′′ W and

Long Island at position 42°19′51′′ N,

070°57′13′′ W including President

Roads, Sculpin Ledge Channel,

Dorchester Bay, Western Way, the

Boston Main Channel, the Reserved

Channel to the Summer Street retractile

bridge, the Fort Point Channel to the

Congress Street Bridge, the Charles

River to the Gridley Locks at the Charles

River Dam, the Mystic River to the

Alford Street Bridge, and the Chelsea

River to the McArdle Bridge. The area

also includes all temporary spectator

anchorages established in 33 CFR

110.T01–135–191. Regulated Area B is

applicable from 8 a.m. on July 11, 2000

until 6 p.m. on July 16, 2000.

Regulated Area C is an Emergency

Transit Lane from Boston Main Channel

Light ‘‘5’’ to Charlestown Navy Yard

Pier ‘‘1’’ extending fifty (50) yards into

the outbound lane of the Boston Main

Channel. The lane allows unlimited

access to emergency and law

enforcement vessels. The emergency

lane restriction imposed by Regulated

Area C are applicable from 8 a.m. until

6 p.m. on July 11, 2000 and from 8 a.m.

until 6 p.m. July 16, 2000.

Anchorage Regulations

The Coast Guard has established

temporary anchorage regulations for

participating Sail Boston 2000 ships and

spectator craft. 33 CFR 110.134 is

temporarily suspended by this

regulation and new spectator

anchorages and regulations are

temporarily established.

The anchorage regulations

temporarily establish spectator

anchorages for spectator craft or Sail

Boston 2000 participant vessel use only.

They restrict all other vessels from using

these spectator anchorages during Sail

Boston 2000 events. The applicable

dates for the temporary spectator

anchorages are July 10 and 11, 2000 and

July 15 and 16, 2000.

Security Zone

A security zone protecting the moored

U.S. naval aircraft carrier USS JOHN F.

KENNEDY is effective from July 10,

2000 until July 16, 2000 around Boston

Inner Harbor’s North Jetty, in South

Boston. All safety and security zones

will be easily identifiable by patrolling

Coast Guard and law enforcement craft.

Safety Zones

On July 11, 2000 from 8 a.m. until 6

p.m. a three hundred (300) yard moving

safety zone around participating tall

ships is imposed for Broad Sound and

Boston Harbor. The safety zone will

ensure the safety of participating tall

ships and spectator craft during the

Grand Parade of Sail. On July 15, 2000

a four hundred (400) yard safety zone

surrounding fireworks barges in Boston

Inner Harbor is imposed from 8 p.m.

until 11 p.m. The safety zone will

ensure the safety of spectator craft

during the scheduled fireworks

displays. From 8 a.m. until 6 p.m July

16, 2000, a three hundred (300) yard

moving safety zone around each

participating tall ship is effective for

Boston Harbor and Broad Sound. The

safety zone will ensure the safety of

participating tall ships and spectator

craft during the Salute to the USS

CONSTITUTION Parade. On July 16,

2000 a three (3) square mile safety zone

is in effect for Massachusetts Bay off of

Nahant from 10 a.m. until 6 p.m. This

three (3) square mile area will serve as

the staging area for the Tall Ships 2000

Race Restart. The safety zone will

ensure the safety of participating tall

ships and spectator craft during the Tall

Ships 2000 Race Restart. A three

hundred (300) yard moving safety zone

around each participating tall ship is

also in effect for the Tall Ships 2000

Race Restart as each proceeds from its

respective berth to the staging area on

July 16, 2000. For more navigational

chart information regarding this safety

zone, see ADDRESSES.

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 policy and procedures of the

Department of Transportation (DOT)(44

FR 11040, February 26, 1979). The

economic impact of this rule is expected

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary.

Although these regulations impose

traffic restrictions in portions of Boston

Harbor during the events, the effect of

the regulations are not significant for the

following reasons: The regulated areas,

spectator anchorages, and safety and

security zones are limited in duration;

and extensive advance notice was made

to the maritime community via Local

Notice to Mariners, facsimile, marine

safety information broadcasts, local Port

Operators’ Group meetings, Propeller

Club meetings, the Internet, and Boston

area newspapers and media. Also, on

March 9 the Captain of the Port, Boston

hosted a meeting of small passenger

vessel operators to detail the scope and

content of the marine events and

proposed regulations. The advance

notice permits mariners to adjust their

plans accordingly. Additionally, these

regulated areas are tailored to impose

the least impact on maritime interests

without compromising safety.

Similar regulated areas and safety and

security zones were established for Sail

Boston 1992 events. Based upon the

Coast Guard’s experiences from that

previous event of similar magnitude,

these regulations have been narrowly

tailored to impose the least impact on

maritime interests yet provide the

necessary level of safety.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), an initial review

was conducted to determine 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.

For the reasons stated in the

Regulatory Evaluation section above, the

Coast Guard certifies under 5 U.S.C.

605(b) that this rule does not have a

significant economic impact on a

substantial number of small entities.

This rule affects the following

entities, some of which might be small

entities: The owners or operators of

vessels intending to transit or anchor in

portions of Broad Sound and Boston

Inner and Outer Harbors during various

times from July 10 until 16, 2000. These

regulations do not have a significant

economic impact on a substantial

number of small entities because the

Coast Guard notified the public via

mailings, facsimiles, Local Notice to

Mariners, marine safety information

broadcasts, local Port Operators’ Group

meetings, Propeller Club meetings, the

media, the Internet, and Boston area

newspapers. Also, on March 9, 2000 the

Captain of the Port, Boston hosted a

meeting of small passenger vessel

operators to detail the scope and content

of the marine events and proposed

regulations. In addition, the sponsoring

organization, Sail Boston 2000, Inc.,

announced event information in local

newspapers, pamphlets, and television

and radio broadcasts. The advance

notice permitted mariners to adjust their

plans accordingly. Although these

regulations apply to a substantial

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 37857

portion of the Port of Boston, areas for

viewing the Parade of Sail, Boston 2000

Fireworks Extravaganza, Salute to USS

CONSTITUTION, and Tall Ships 2000

Race Restart are established to maximize

the use of the waterways by commercial

vessels that usually operate in the

affected areas.

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 can better evaluate its effects

on them and participate in the

rulemaking.

Assistance was offered at various

public forums including Port Operators’

Group meetings, Propeller Club

meetings, Maritime Incident Resources

and Training drills and meetings, and

brochure distribution. In addition,

information including the preceding

NPRM, was posted on Marine Safety

Office Boston’s Web Page. Moreover, the

Coast Guard hosted an informational

meeting on March 9, 2000 to thoroughly

explain the rule to local small passenger

vessel operators.

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

An analysis of this rule under E.O.

13132 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 having first provided the

funds to pay those costs. This rule does

not impose an unfunded mandate.

Taking of Private Property

This rule does 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

An analysis of this rule under E.O.

13045, Protection of Children from

Environmental Health Risks and Safety

Risks has determined that 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,

paragraphs 34 (f, g, and h) of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation.

A written ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES.

List of Subjects

33 CFR Part 100

Marine Safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

33 CFR Part 110

Anchorage grounds.

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 Parts 100, 110, and 165 as follows:

PART 100—MARINE EVENTS

1. The authority citation for part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.46; 33 CFR § 100.35

2. Add temporary § 100.T01–191 to

read as follows:

§ 100.T01–191 Regulated Area, Broad

Sound, Boston Outer Harbor, and Boston

Inner Harbor.

(a) Regulated Areas: All regulated area

coordinates are NAD 1983.

(1) Regulated Area A.

(i) Location. The following is

Regulated Area A: All waters of Broad

Sound and Boston Outer Harbor

bounded by 070°52′00′′ W, 070°57′13′′

W, 42°17′30′′ N, and 42°24′42′′ N

including the following waterways:

Nahant Bay, Broad Sound, Boston North

Channel, Boston South Channel, Nubble

Channel, Hingham Bay, Hull Bay, and

Nantasket Roads.

(ii) Enforcement period. Paragraph

(a)(1)(i) of this section is enforced from

8 a.m. until 6 p.m. on July 11 and July

16, 2000 respectively.

(2) Regulated Area B.

(i) Location. The following is

Regulated Area B: All waters in Boston

Inner Harbor westward from a line

drawn between Deer Island at position

42°20′38′′ N, 070°57′13′′ W and Long

Island at position 42°19′51′′ N,

070°57′13′′ W including President

Roads, Sculpin Ledge Channel,

Dorchester Bay, Western Way, the

Boston Main Channel, the Reserved

Channel to the Summer Street retractile

bridge, the Fort Point Channel to the

Congress Street Bridge, the Charles

River to the Gridley Locks at the Charles

River Dam, the Mystic River to the

Alford Street Bridge, and the Chelsea

River to the McArdle Bridge.

(ii) Enforcement period. Paragraph

(a)(2)(i) of this section is enforced from

8 a.m. on July 11, 2000 until 6 p.m. on

July 16, 2000.

(3) Regulated Area C.

(i) Location. The following is

Regulated Area C: All waters from

Boston Main Channel Light ‘‘5’’ to

Charlestown Navy Yard Pier ‘‘1’’

extending fifty (50) yards into the

outbound lane of the Boston Main

Channel.

(ii) Enforcement period. Paragraph

(a)(3)(i) of this section is enforced from

8 a.m. until 6 p.m. on July 11 and July

16, 2000 respectively.

(b) Special local regulation. (1) During

the effective period, vessel operators

transiting through Regulated Areas A

and B shall proceed at no wake speeds

not to exceed five (5) miles per hour,

unless otherwise authorized by the

Captain of the Port.

(2) Vessel operators shall comply with

the instructions of on-scene 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, U.S. Navy, local, state,

and federal law enforcement vessels.

37858 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

(3) After completion of the fireworks

displays on July 15, 2000, vessel

operators within Regulated Area B are

prohibited from passing outbound

patrol vessels showing blue lights.

(4) Vessel operators must remain in

established spectator anchorages

established in 33 CFR § 110.T01.135–

191, from 8 a.m. until 6 p.m. on July 11

and 16, 2000 except as authorized by

the Captain of the Port.

(5) Vessel operators anchored in

Spectator Anchorages N, P, or Q

established in 33 CFR § 110.T01–135–

191 may depart those anchorages to

view offshore activities following the

Salute to USS CONSTITUTION on July

16, 2000, provided they observe

enforced safety zones and transit

outside main channels. Vessel operators

who cannot safely navigate outside of

established channels must remain

anchored until the channels are

reopened to routine navigation.

(6) Vessels, except for those

participating in the Grand Parade of Sail

and Salute to the USS CONSTITUTION

or duly authorized patrol craft, may not

enter or remain in the Reserved Channel

or block access to any tall ship mooring

sites in Regulated Area B from 8 a.m.

until 6 p.m. on July 11 and July 16, 2000

except as authorized by the Captain of

the Port.

(7) Vessel operators transiting the

Reserved Channel during authorized

times, not mentioned in (b)(6) of this

section, must enter and keep to the

starboard side of the channel,

proceeding as directed by on-scene

Coast Guard patrol personnel. Vessel

traffic shall move in a counterclockwise

direction around the turning point

established off the Sithe New England

power plant, as marked by an

appropriate on-scene patrol vessel.

Vessel operators shall exit the Reserved

Channel keeping to the starboard side of

the channel.

(8) Vessel operators transiting the

regulated areas must maintain at least

fifty (50) feet safe distance from all

moored tall ships and make way for all

deep draft vessel traffic underway in the

regulated areas.

(9) Based on COTP approval and

direction, vessels commercially engaged

in the collection and legal disposal of

marine sewage may operate within

spectator anchorages during the

enforcement periods.

(10) Vessels, except emergency, law

enforcement, and those authorized by

the Captain of the Port, may not transit

through Regulated Area C, which has

been designated as an Emergency

Transit Lane.

(c) Effective dates. This section is

effective from July 10, 2000 until July

16, 2000.

PART 110—ANCHORAGE GROUNDS

3. The authority citation for Part 110

continues to read as follows:

Authority: 33 U.S.C. 471; 1221 through

1236, 2030, 2035, 2071; 49 CFR 1.46 and 33

CFR 1.05–1(g).

4. From July 10, 2000 through July 16,

2000, § 110.134 is temporarily

suspended and § 110.T01–135–191 is

temporarily added as follows:

§ 110.T01–135–191 Boston Harbor, Mass.

Note: Caution: The designated spectator

anchorages in this section have not been

specially surveyed or inspected and

navigational charts may not show all seabed

obstructions or shallowest depths.

Additionally, the anchorages are in areas of

substantial currents. Mariners who use these

temporary anchorages should take

appropriate precautions including using all

means available to ensure your vessel is not

dragging anchor.

(a) The anchorages. All anchorages in

this paragraph are applicable as

specified. Vessel operators using the

anchorages in this paragraph must

comply with the general operational

requirements specified in paragraph (b)

of this section. All coordinates are NAD

1983.

(1) Long Island Anchorage. (i) All

bearings are reflected as true. All waters

East of Long Island, bounded as follows:

Beginning at the southwestern most

point of Gallups Island, approximate

position 42°19′30′′ N, 070°56′24′′ W;

then 270° to Long Island, approximate

position 42°19′30′′ N, 070°57′36′′ W;

then southerly along the eastern shore

line of Long Island to Bass Point,

approximate position 42°18′50′′ N,

070°57′56′′ W; then to the northernmost

point of Rainsford Island, approximate

position 42°18′47′′ N, 070°57′07′′ W;

then to Georges Island Gong Buoy ‘‘6,’’

approximate position 42°19′00′′ N,

070°55′50′′ W; and then to the point of

beginning.

(ii) This anchorage ground is

designated for the exclusive use of

recreational vessels.

(iii) Paragraph (a)(1)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 11, 2000 and

from 12 noon on July 15, 2000 until 6

p.m. on July 16, 2000.

(2) Castle Island Anchorage. (i) All

waters bounded on the north by Castle

Island and adjacent land; on the east by

a line between Castle Rocks Fog Signal

Light, located at approximate position

42°20′08′′ N, 071°00′13′′ W and Old

Harbor Shoal Buoy ‘‘2’’, located at

approximate position 42°19′38′′ N,

071°00′02′′ W; on the southeast by a line

between Old Harbor Shoal Buoy ‘‘2’’

and Old Harbor Buoy ‘‘6,’’ located at

approximate position 42°19′01′′ N,

071°01′21′′ W; and on the west by a line

running due north from Old Harbor

Buoy ‘‘6,’’ located at approximate

position 42°19′01′′ N, 071°01′21′′ W to

the shore line at City Point, at

approximate position 42°19′56′′ N,

071°01′20′′ W.

(ii) This anchorage ground is

designated for the exclusive use of

recreational vessels.

(iii) Paragraph (a)(2)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 11, 2000 and

from 12 noon on July 15, 2000 until 6

p.m. on July 16, 2000.

(3) Explosives Anchorage. (i) In the

lower harbor, bounded on the northeast

by a line between the northeast end of

Peddocks Island, approximate position

42°18′10′′ N, 070°55′40′′ W and the

northeast end of Rainsford Island,

approximate position 42°18′43′′ N,

070°56′55′′ W; on the northwest by

Rainsford Island; on the southwest by a

line between the western extremity of

Rainsford Island, approximate position

42°18′40′′ N, 070°57′44′′ W and the

westernmost point of Peddocks Island,

approximate position 42°17′27′′ N,

070°57′01′′ W; and on the southeast by

Peddocks Island.

(ii) This anchorage ground is

designated for the exclusive use of

recreational vessels.

(iii) Paragraph (a)(3)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 11, 2000 and

from 12 noon on July 15, 2000 until 6

p.m. on July 16, 2000.

(4) Tall Ship Anchorage. (i) All

bearings are reflected as true. All waters

in the outer harbor in Broad Sound and

Nahant Bay, bounded as follows: On the

east by a line connecting Boston North

Channel Lighted Bell Buoy ‘‘2’’ on Finns

Ledge to Off Rock, located at

approximate position 42°22′10′′ N,

070°55′10′′ W, Littles Point,

Swampscott, MA, located at

approximate position 42°27′52′′ N,

070°53′10′′ W and bounded on the west

by a line connecting approximate

position 42°22′11′′ N, 070°56′17′′ W and

approximate position 42°24′05′′ N,

070°57′05′′ W; then running from

approximate position 42°24′05′′ N,

070°57′05′′ W to Bailey’s Hill Nahant,

MA, approximate position 42°25′02′′ N,

070°55′20′′ W; then north to include

Nahant Harbor and Nahant Bay.

(ii) This anchorage is designated for

the exclusive use of tall ships

participating in the Sail Boston 2000

activities. Vessel movements through

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 37859

these areas during the periods specified,

shall be directed by on-scene Coast

Guard patrol personnel.

(iii) Paragraph (a)(4)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 16, 2000.

(5) Mystic Anchorage. (i) All bearings

are reflected as true. All waters in the

inner harbor in the Mystic River off

Charlestown, in the vicinity of the old

Amstar and Revere Sugar docks,

bounded as follows: By a line running

along 071°04′00′′ W extending into the

river four hundred (400) feet from shore;

then turning 100° and running to the

approximate position 071°03′44′′ N,

then running east along 071°03′44′′ W

for four hundred (400) feet back to

shore; and then running to the point of

beginning.

(ii) This anchorage is designated for

the exclusive use of tall ships

participating in the Sail Boston 2000

activities. Vessel movements through

these areas during the periods specified,

shall be directed by on-scene Coast

Guard patrol personnel.

(iii) Paragraph (a)(5)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 16, 2000.

(6) Spectator Anchorage B. (i) All

bearings are reflected as true. All waters

in the inner harbor along the shoreline

of East Boston, east of the Boston Main

Channel, bounded as follows: By a line

from Boston Main Channel Light ‘‘14,’’

approximate position 42°22′17′′ N,

071°02′44′′ W then extending 270° to the

Main Channel’s edge at approximate

position 42°22′18′′ N, 071°02′46′′ W,

then southwesterly, along Boston Main

Channel’s eastern edge to approximate

position 42°22′17′′ N, 071°02′46′′ W,

then running to approximate position

42°21′50′′ N, 071°02′32′′ W and then to

the southwest corner of Massport Pier

‘‘1,’’ East Boston, approximate position

42°21′52′′ N, 071°00′30′′ W.

(ii) This anchorage is designated for

the exclusive use of recreational vessels

45 feet or less in length with

superstructures not to exceed ten (10)

feet in height.

(iii) Paragraph (a)(6)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 11, 2000 and

from 12 noon on July 15, 2000 until 6

p.m. on July 16, 2000.

(7) Spectator Anchorage C. (i) All

bearings are reflected as true. All waters

in the inner harbor along the southern

edge of Cashman’s shipyard, East

Boston eastward of the Main Channel,

situated to provide a channel between it

and Spectator Anchorage D, allowing

access to Bird Island Flats, bounded as

follows: beginning at approximate

position 42°21′32.7′′ N, 071°01′53′′ W;

then 210° to the northern edge of the

Boston Main Channel, approximate

position 42°21′22′′ N, 071°02′03′′ W;

then northwesterly along Boston Main

Channel’s edge to approximate position

42°21′42′′ N, 71°02′28.4′′ W; then

running to approximate position

42°21′48′′ N, 071°02′23′′ W; and then

running to the point of beginning.

(ii) This anchorage is designated for

the exclusive use of inspected small

passenger vessels (certificated by the

Coast Guard under Subchapter T and K

of Title 46, Code of Federal

Regulations).

(iii) Paragraph (a)(7)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 11, 2000 and

from 12 noon on July 15, 2000 until 6

p.m. on July 16, 2000.

(8) Spectator Anchorage D. (i) All

bearings are reflected as true. All waters

in the inner harbor along the

southwestern edge of Logan

International Airport, East Boston, east

of the Main Channel, situated to provide

a channel between it and Spectator

Anchorage C, allowing access to Bird

Island Flats, bounded as follows:

Beginning at Bird Island Flats Buoy ‘‘2,’’

approximate position 42°21′29′′ N,

071°01′46′′ W then running 224° to the

northern edge of the Boston Main

Channel, approximate position

42°21′20′′ N, 071°01′57′′ W; then to

approximate position 42°21′03′′ N,

071°01′18′′ W; then turning 024° and

running to the shore, approximate

position 42°21′13′′ N, 071°01′11′′ W; and

then running to the point of beginning

at Bird Island Flats Buoy ‘‘2,’’

approximate position 42°21′29′′ N,

071°01′46′′ W.

(ii) This anchorage is designated for

the exclusive use of recreational vessels

forty-five (45) feet or less in length. No

vessels may anchor in Spectator

Anchorage D from 12:01 a.m. until 6

a.m. and from 6:01 p.m. to 11:59 p.m.

on July 11, 2000 and July 16, 2000.

(iii) Paragraph (a)(8)(i) through (ii) is

applicable on July 11, 2000 and July 16,

2000.

(9) Spectator Anchorage E. (i) All

bearings are reflected as true. All waters

in the inner harbor along the

southeastern edge of Logan International

Airport, bounded as follows: Beginning

at Boston Main Channel Lighted Buoy

‘‘12,’’ approximate position 42°20′58′′ N,

071°01′08′′ W; then turning 030° and

running to shore, approximate position

42°21′08′′ N, 071°01′00′′ W; then along

the shore to approximate position

42°20′48′′ N, 071°00′27.5′ W; then

running to approximate position

42°20′38.3′′ N, 071°00′35.6′′ W; then

running along the northern edge of the

Boston Main Channel to the point of

beginning.

(ii) This anchorage is designated for

the exclusive use of recreational vessels

with a height above water at any point

not to exceed fifty (50) feet.

(iii) No vessels may anchor in

Spectator Anchorage E from 12:01 a.m.

to 6 a.m. and from 6:01 p.m. to 11:59

p.m. on July 11th and 16th, 2000.

(iv) Paragraph (a)(9)(i) through (iii) is

applicable July 11, 2000 and July 16,

2000.

(10) Spectator Anchorage F. (i) All

bearings are reflected as true. All waters

in the inner harbor along the Massport

North Jetty, South Boston, bounded as

follows: Beginning at approximate

position 42°21′05′′ N, 071°01′54′ W;

then running to approximate position

42°20′59′′ N, 071°01′39′′ W; then

running to approximate position

42°20′56′′ N, 071°01′41′′ W; then

running northwesterly along the face of

the Massport North Jetty to the corner of

the Jetty at approximate position

42°21′01′′ N, 071°01′56′′ W; and then

running to the point of beginning.

(ii) This anchorage is designated for

the exclusive use of recreational vessels

forty-five (45) feet or less in length with

superstructures not to exceed ten (10)

feet in height.

(iii) Paragraph (a)(10)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 11, 2000 and

from 12 noon on July 15, 2000 until 6

p.m. on July 16, 2000.

(11) Spectator Anchorage G. (i) All

waters in the inner harbor along the Fan

Pier, South Boston, situated to provide

a channel between it and Boston Special

Anchorage, allowing access to the Fort

Point Channel, bounded and described

as follows: beginning at approximate

position 42°21′22′′ N, 071°02′50′′ W;

then running to approximate position

42°21′24′′ N, 071°02′38′′ W; then

running to approximate position

42°21′04′′ N, 071°02′31′′ W; then

running to approximate position

42°21′20′′ N, 071°02′26′′ W; then

running to Pier ‘‘4’’ Wreck Buoy (white

and orange can, privately maintained),

approximate position 42°21′14′′ N,

071°02′31′′ W; and then running to the

point of beginning.

(ii) This anchorage is designated as a

special use anchorage, as deemed

appropriate by the Captain of the Port.

No vessel may anchor in this Anchorage

without the permission of the Captain of

the Port.

(iii) Paragraph (a)(11)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 11, 2000 and

from 12 noon on July 15, 2000 until 6

p.m. on July 16, 2000.

(12) Spectator Anchorage H. (i) All

waters in the inner harbor bounded as

follows: Beginning at the Boston Main

37860 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

Channel Lighted Buoy ‘‘6’’, approximate

position 42°20′12′′ N, 070°59′55′′ W;

then running to 42°20′12′′ N,

070°59′14.5′′ W; then to Boston Main

Channel Lighted Buoy ‘‘4,’’ approximate

position 42°20′04′′ N, 070°59′27′′ W; and

then running to the point of beginning.

(ii) This anchorage is designated for

the exclusive use of recreational vessels

of any size.

(iv) Paragraph (a)(12)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 11, 2000 and

from 12 noon on July 15, 2000 until 6

p.m. on July 16, 2000.

(13) Spectator Anchorage J. (i) All

waters in the inner harbor to include the

waters between the Main Channel and

Governor’s Island Flats, bounded as

follows: Beginning at approximate

position 42°20′12′′ N, 070°59′14.5′′; W;

then running to approximate position

42°20′30′′ N, 70°59′14.5′′ W; then

running to President Roads Anchorage

Lighted Buoy ‘‘D’’, located at

approximate position 42°20′33′′ N,

70°58′52′′ W; then running to

approximate position 42°20′05′′ N,

070°58′43.5′′ W; then running to Boston

Main Channel Lighted Bell Buoy ‘‘4’’

located at approximate position

42°20′04′′ N, 070°59′26′′ W; and then

running to the point of beginning.

(ii) This anchorage is designated for

the exclusive use of commercial fishing

vessels.

(iii) Paragraph (a)(13)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 11, 2000 and

from 12 noon on July 15, 2000 until 6

p.m. on July 16, 2000.

(14) Spectator Anchorage K. (i) All

bearings are reflected as true. All waters

in the inner harbor between the Main

Channel and Deer island Flats as

follows: Beginning at a point bearing

237°, 522 yards from Deer Island Light;

then to a point bearing 254°, 2,280 yards

from Deer Island Light; then to a point

bearing 261°, 2,290 yards from Deer

Island Light; then to a point bearing

278°, 2,438 yards from Deer Island

Light; then to a point bearing 319°, 933

yards from Deer Island Light; then to a

point bearing 319°, 666 yards from Deer

Island Light; and then to the point of

beginning.

(ii) This anchorage is designated for

the exclusive use of inspected small

passenger vessels (certificated by the

Coast Guard under Subchapter T and K

of Title 46, Code of Federal

Regulations), sailing school vessels,

uninspected passenger vessels, and

bareboat charter vessels from 12 noon

on July 10, 2000 until 6 p.m. on July 11,

2000.

(iii) This anchorage is a special use

anchorage, as deemed appropriate by

the Captain of the Port on July 15–16,

2000. No vessel may anchor in this

Anchorage without the permission of

the Captain of the Port from 12 noon on

July 15, 2000 until 6 p.m. on July 16,

2000.

(iv) Paragraph (a)(14)(i) through (iii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 11, 2000 and

from 12 noon on July 15, 2000 until 6

p.m. on July 16, 2000.

(15) Spectator Anchorage L. (i) In the

inner harbor off the northwestern edge

of Long Island into the entrance to

Sculpin Ledge Channel, bounded as

follows: Beginning at Boston Main

Channel Lighted Buoy ‘‘17,’’

approximate position 42°1′57′′ N,

070°57′32′′ W; then running to

approximate position 42°19′40.5′′ N,

070°57′50′′ W; then running to

approximate position 42°19′40.5′′ N,

070°58′43.8′′ W; then running to Boston

Main Channel Lighted Buoy ‘‘1,’’

approximate position 42°19′52′′ N,

070°58′44′′ W; and then to the point of

beginning.

(ii) This anchorage is a special use

anchorage, as deemed appropriate by

the Captain of the Port on July 10–11,

2000. No vessel may anchor in this

Anchorage without the permission of

the Captain of the Port from 12 noon on

July 10, 2000 until 6 p.m. on July 11,

2000.

(iii) This anchorage is designated for

the exclusive use of inspected small

passenger vessels (certificated by the

Coast Guard under Subchapter T and K

of Title 46, Code of Federal

Regulations), sailing school vessels,

uninspected passenger vessels, and

bareboat charter vessels from 12 noon

on July 15, 2000 until 6 p.m. on July 16,

2000.

(iv) Paragraph (a)(15)(i) through

(iii) is applicable from 12 noon on

July 10, 2000 until 6 p.m. on July 11,

2000 and from 12 noon on July 15, 2000

until 6 p.m. on July 16, 2000.

(16) Spectator Anchorage M. (i) All

waters in the inner harbor along the

northern edge of Spectacle Island,

bounded as follows: Beginning at

42°20′00′′ N, 071°00′00′′ W; then

running to Boston Main Channel

Lighted Buoy ‘‘3,’’ approximate position

42°19′52′′ N, 070°59′28′′ W; then to

Boston Main Channel Lighted Buoy ‘‘1,’’

approximate position 42°19′52′′ N,

070°58′44′′ W; then running to

approximate position 42°19′40′′ N,

070°59′57′′ W; and then running to the

point of beginning.

(ii) This anchorage is designated for

the exclusive use of recreational vessels

of any size.

(iii) Paragraph (a)(16)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 11, 2000 and

from 12 noon on July 15, 2000 until 6

p.m. on July 16, 2000.

(17) Spectator Anchorage N. (i) All

waters in the outer harbor along the

western edge of the Boston North

Channel bounded as follows: Beginning

at Boston North Channel Lighted Bell

Buoy ‘‘10,’’ approximate position

42°20′37′′ N, 070°56′32′′ W; then

running to Boston North Channel

Lighted Buoy ‘‘4,’’ approximate position

42°21′38′′ N, 070°55′47′′ W; then

running to 42°22′00′′ N, 070°56′24′′ W;

then running to approximate position

42°21′40′′ N, 070°56′17.5′′; W; then

running to approximate position

42°21′20.5′′ N, 070°56′10′′ W; then

running to approximate position

42°20′39′′ N, 070°56′38.5′′ W; and then

running to the point of beginning.

(ii) This anchorage is designated for

any latecoming spectator craft on hand

to view the Grand Parade of Sail and

Salute to USS CONSTITUTION Parade.

(iii) Paragraph (a)(17)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 11, 2000 and

from 12 noon on July 15, 2000 until 6

p.m. on July 16, 2000.

(18) Spectator Anchorage P. (i) All

bearings are reflected as true. All waters

in the outer harbor between the eastern

edge of the Boston North Channel and

Boston South Channel, bounded as

follows: Beginning at Boston North

Channel Lighted Buoy ‘‘3,’’ approximate

position 42°21′55′′ N, 070°55′13′′ W;

then running southeast to Boston South

Channel Lighted Buoy ‘‘6,’’ approximate

position 42°21′14′′ N, 070°54′48′′ W;

then running along the northern edge of

Boston South Channel to Boston South

Channel Lighted Buoy ‘‘10,’’

approximate position 42°20′46′′ N,

070°55′10′′ W; then running to Boston

North Channel Lighted Buoy ‘‘PR,’’

approximate position 42°20′29′′ N,

070°56′13′′ W; then running along the

eastern edge of the Boston North

Channel to the point of beginning.

(ii) This anchorage is designated for

any latecoming spectator craft on hand

to view the Grand Parade of Sail and

Salute to USS CONSTITUTION Parade.

(iii) Paragraph (a)(18)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 11, 2000 and

from 12 noon on July 15, 2000 until 6

p.m. on July 16, 2000.

(19) Spectator Anchorage Q. (i) All

waters in the outer harbor at the

entrance to the Boston South Channel,

bounded as follows: Beginning at

Boston North Channel Lighted Buoy

‘‘PR,’’ approximate position 42°20′29′′

N, 070°56′13′′ W; then running to

Boston South Channel Lighted Buoy

‘‘10,’’ approximate position 42°20′46′′ N,

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 37861

070°55′10′′ W; then running to Boston

South Channel Buoy ‘‘11,’’ approximate

position 42°20′29′′ N, 070°55′28′′ W then

running to approximate position

42°20′15′′ N, 070°56′23′′ W; and then

running to the point of beginning.

(ii) This anchorage is designated for

the exclusive use of inspected small

passenger vessels (certificated by the

Coast Guard under Subchapter T and K

of Title 46, Code of Federal

Regulations), sailing school vessels,

uninspected passenger vessels, and

bareboat charter vessels.

(iii) Paragraph (a)(20)(i) through (ii) is

applicable from 12 noon on July 10,

2000 until 6 p.m. on July 11, 2000 and

from 12 noon on July 15, 2000 until 6

p.m. on July 16, 2000.

(b) The regulations. The anchorages

designated in paragraphs (a)(1) through

(19) of this section are subject to the

following regulations:

(1) General Operational Requirements

for all anchorages. Vessel operators

using any of the anchorages established

in this section shall:

(i) Ensure their vessels are properly

anchored and remain safely in position

at anchor during marine events.

(ii) Comply as directed by on-scene

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,

U.S. Navy, local, state, and federal law

enforcement vessels.

(iii) Vacate anchorages after

termination of their effective periods.

(iv) Buoy with identifiable markers

and release anchors fouled on lobster

trap lines if such anchors cannot be

freed or raised.

(v) Use only Spectator Anchorages N,

P, or Q if going offshore to view the tall

ship events occurring in Massachusetts

Bay on July 11, 2000 and July 16, 2000.

(vi) Display anchor lights when

anchoring at night in any anchorage.

(vii) Not leave vessels unattended in

any anchorage at any time.

(viii) Not tie off to any buoy.

(ix) Maintain at least twenty (20) feet

of clearance if maneuvering between

anchored vessels.

(x) Not nest or tie off to other vessels

in that anchorage.

(xi) Not block access to designated

emergency medical evacuation areas.

(xii) Based on COTP approval and

direction, vessels commercially engaged

in the collection and legal disposal of

marine sewage may operate within

spectator anchorages during the

applicable periods.

(c) Effective dates. This section is

effective from July 10, 2000 until July

16, 2000.

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS

AREAS.

The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1225 and 1231; 50

U.S.C. 191; 49 CFR 1.46 and 33 CFR 1.05–

1(G), 6.04–1, 6.04–6, and 160.5.

5. Add § 165.T01–191 to read as

follows:

§ 165.T01–191 Safety Zone: Tall Ship Rally

and Grand Parade of Sail, Broad Sound and

Boston Harbor, Boston, MA.

(a) Location. The following are safety

zones (all coordinates are NAD 1983):

(1) All waters within a three hundred

(300) yard radius of each vessel

participating in the Grand Parade of Sail

as it proceeds from approximate

position 42°24′00′′ N, 070°52′00′′ W in

Broad Sound, following the Boston

North Channel and Boston Main

Channel to various mooring sites

throughout Boston Inner Harbor.

(2) All waters within a five hundred

(500) yard radius from approximate

position 42°23′06′′ N, 070°53′26′′ W; and

(3) All tall ship anchorages

established in 33 CFR § 110.T01–135–

191.

(b) Applicable dates. Paragraphs (a)(1)

through (a)(3) of this section are

applicable from 6 p.m. on July 10, 2000

until 6 p.m. on July 11, 2000.

(c) Regulations. The following

regulation applies: Vessels, except those

participating in the Grand Parade of

Sail, and duly authorized patrol craft,

may not transit the safety zone except as

authorized by the Captain of the Port.

6. Add § 165.T01–192 to read as

follows:

§ 165.T01–192 Safety Zone: Boston 2000

Fireworks Extravaganza, Boston Inner

Harbor, Boston, MA.

(a) Location. The following is a safety

zone: All waters within a four hundred

(400) yard radius of Boston 2000

Fireworks Extravaganza barges and

attending tug boats moored at

approximate position 42°21′23′′ N,

071°02′18′′ W. All coordinates are NAD

1983.

(b) Applicable date. Paragraph (a) of

this section is applicable from 8 p.m

until 11 p.m. on July 15, 2000.

(c) Regulations. The following

regulation applies:

Vessels may not transit through the

safety zone unless authorized by the

Captain of the Port.

7. Add § 165.T01–193 to read as

follows:

§ 165.TO1–193 Safety Zone: Salute to USS

CONSTITUTION Parade, Boston Harbor,

Boston, MA.

(a) Location. The following are safety

zones: (1) All waters within a three

hundred (300) yard radius of the USS

CONSTITUTION anchored at

approximate position 42°20′24′′ N,

071°58′14′′ W.

(2) A moving safety zone within a

three hundred (300) yard radius of all

vessels participating in the Salute to the

USS CONSTITUTION as they proceed

from their various Boston Inner Harbor

mooring sites transiting outbound using

the Boston Main Channel and Boston

North Channel to the Tall Ship 2000

Restart in Broad Sound established in

33 CFR 165.T01–194. The zone also

includes all temporary spectator

anchorages established in 33 CFR

§ 110.T01–135–191. All coordinates are

NAD 1983.

(b) Applicable date. Paragraphs (a)(1)

through (a)(3) of this section are

applicable from 8 a.m. until 6 p.m. on

July 16, 2000.

(c) Regulations. The following

regulation applies: Vessels, except for

those participating in the Salute to USS

CONSTITUTION and duly authorized

patrol craft, may not enter or remain in

the safety zone except as authorized by

the Captain of the Port.

8. Add § 165.T01–194 to read as

follows:

§ 165.T01–194 Safety Zone: Tall Ships

2000 Race Restart, Massachusetts Bay,

Boston, MA.

(a) Location. The following is a safety

zone: All waters in a three (3) square

mile area in Massachusetts Bay bounded

as follows: Beginning at approximate

position 42°27′12′′ N, 070°40′00′′ W;

then running to approximate position

42°27′12′′ N, 070°36′00′′ W; then

running to approximate position

42°24′06′′ N, 070°36′00′′ W; then

running to approximate position

42°24′06′′ N, 070°40′00′′ W; and then

running to the point of beginning. All

coordinates are NAD 1983.

(b) Applicable date. Paragraph (a) of

this section is applicable from 10 a.m.

until 6 p.m. on July 16, 2000.

(c) Regulations. The following

regulation applies: Vessels, except for

those participating in the Tall Ships

2000 Race Restart, and duly authorized

patrol craft, may not enter or remain in

the safety zone from 10 a.m. to 6 p.m.

except as authorized by the Captain of

the Port.

9. Add § 165.T01–195 to read as

follows:

37862 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

§ 165.T01–195 Security Zone: USS JOHN

F. KENNEDY, North Jetty, Boston Harbor,

Boston, MA.

(a) Location. The following is a

security zone: All waters of Boston

inner harbor at the North Jetty, South

Boston, bounded as follows: Beginning

at approximate 42°20′53′′ N, 071°01′34′′

W; then running to 42°20′56′′ N,

071°01′32′′ W; along the western edge of

Boston Harbor South Channel then

running to 42°20′51′′ N, 071°01′23′′ W;

then running to 42°20′49′′ N, 071°01′24′′

W; then running along the pier face to

the point of beginning. All coordinates

are NAD 1983.

Effective dates. This section is

effective from July 10, 2000 through July

16, 2000.

(b) Regulations. The following

regulation applies: Vessels may not

enter the security zone unless

authorized by the Captain of the Port.

Dated: June 6, 2000.

G.N. Naccara,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 00–15321 Filed 6–16–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–00–051]

RIN 2115–AE47

Drawbridge Operation Regulations:

Atlantic Intracoastal Waterway, Miami,

Dade County, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule with requests

for comments.

SUMMARY: Commander, Seventh Coast

Guard is temporarily changing the

regulations of the N.E. 163rd Street (SR

826) bridge at Sunny Isles across the

Atlantic Intracoastal Waterway, mile

1078.0 in Miami, Florida, until July 31,

2000. This temporary rule allows the

N.E. 163rd Street (SR 826) bridge at

Sunny Isles to maintain the south

bascule leaf in the down position with

a two hour advance notification to the

bridge tender to provide a double leaf

opening until July 31, 2000. This is

necessary to allow for repairs.

DATES: This temporary rule is effective

from June 7, 2000 to July 31, 2000.

Comments must be received by June 30,

2000.

ADDRESSES: Comments and materials

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket [CGD07–00–051] and are

available for inspection or copying at

Commander (obr), Seventh Coast Guard

District, 909 S.E. 1st Avenue, Miami,

Florida, between 7:30 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Barry Dragon, Project Officer, Seventh

Coast Guard District, Bridge Section, at

(305) 415–6743.

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. It was

impracticable to publish an NPRM,

because there was insufficient time

remaining after we were notified of the

dates of the repairs to follow normal

rulemaking procedures.

Further, 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. A delayed effective date is

impracticable as repairs on the bridge

are already underway.

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

the rulemaking [CGD07–00–051],

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81⁄2 by 11 inches,

suitable for copying. If you would like

to know they reached us, please enclose

a stamped, self-addressed postcard or

envelope. We will consider all

comments and material received. We

may change this rule in view of them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to the address

under ADDRESSES, explaining why one

would be beneficial. If the Coast Guard

determines that a public meeting would

aid this rulemaking, we will hold one at

a time and place announced by a later

notice in the Federal Register.

Discussion of the Rule

The N.E. 163rd Street (SR 826) bridge

at Sunny Isles, mile 1078.0, across the

Atlantic Intracoastal Waterway, has a

vertical clearance of 36 feet at mean

high water and a horizontal clearance of

90 feet between fenders. The existing

operating regulations in 33 CFR

117.261(ll) require the bridge to open on

signal; except that from 7 a.m. to 6 p.m.

on Monday through Friday, except

Federal holidays, and from 10 a.m. to 6

p.m. on Saturdays, Sundays, and

Federal holidays, the draw need open

only on the quarter-hour and threequarter hour.

The Florida Department of

Transportation notified the Coast Guard

on April 12, 2000, that the repairs to the

north bascule leaf was to be completed

by April 22, 2000, and that repairs were

to commence on the south leaf, which

would require a temporary rule. This

temporary rule will allow the south leaf

of the N.E. 163rd Street (SR 826) bridge

at Sunny Isles in Miami, Florida, to

remain closed until July 31, 2000,

unless two hours advance notification is

provided to the bridge tender requesting

a double-leaf opening.

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 minimal

because of the limited duration of the

rule, as well as the provision for double

leaf openings with advance notice.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule will have a significant

economic effect upon a substantial

number of small entities. ‘‘Small

entities’’ include small business, notfor-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 as

the temporary rule will only delay a full

opening of the drawbridge for a limited

period of time.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–221),

we offer to assist small entities in