[Federal Register Volume 65, Number 124 (Tuesday, June 27, 2000)]
[Rules and Regulations]
[Pages 39546-39547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16246]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-166]
RIN 2115-AA97


Safety Zone: Arrival of Sailing Vessel AMISTAD, New Haven Harbor, 
Connecticut

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the arrival of the sailing vessel AMISTAD in New Haven Harbor, New 
Haven, CT on July 15, 2000. This action will restrict vessel traffic in 
New Haven Harbor and is needed to protect the S/V Amistad, recreational 
and commercial vessels and their passengers and crew.

DATES: This rule is effective from 10:00 a.m. until 4:00 p.m. on July 
15, 2000.

ADDRESSES: You may mail comments and related material to Coast Guard 
Group/Marine Safety Office Long Island Sound, 120 Woodward Ave, New 
Haven, CT 06512-3698. The Response Department maintains the public 
docket for this rulemaking. Comments and material received from the 
public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at the Response Department between 
7:30 a.m. and 4:00 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Robert D. Mutto, Group/MSO 
Long Island Sound, New Haven, Connecticut, (203)468-4438.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Although this rule is being published as a temporary final rule 
without prior notice, an opportunity for public comment is nevertheless 
desirable to ensure the rule is both reasonable and workable. 
Accordingly, 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 this rulemaking 
(CGD01-00-166), 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 8\1/2\ 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 during the comment period. We may change this proposed rule in 
view of them.

Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(8), the Coast Guard finds that good 
cause exists for not publishing an NPRM. We were not notified of the 
event with sufficient time to publish an NPRM, allow for comments, and 
publish a final rule in sufficient time to allow notice to the public.
    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. This is a locally supported event 
with minimal impact on the waterways and the zones are only in affect 
for a short duration.

Background and Purpose

    The Amistad Historical Society is sponsoring a voyage of the 
sailing vessel Amistad from New London Harbor to NewHaven Harbor. On 
July 14, 2000, the Amistad and participating vessels will transit from 
New London Harbor via Long Island Sound to New Haven. The Amistad will 
arrive in New Haven Harbor on July 15, 2000 and will transit to a berth 
at Long Wharf Pier.
    The Coast Guard will establish a safety zone in New Haven Harbor on 
July 15, 2000, to protect the maritime public and participating vessels 
from possible hazards to navigation caused by the arrival of the 
sailing vessel AMISTAD on July 15, 2000. The safety zone includes all 
waters of New Haven Harbor within the boundaries of the marked channel 
from the Hew Haven Harbor entrance buoy to the I-95 Quinnipiac River 
Bridge. This safety zone is effective from 10:00 a.m. until 4:00 p.m. 
on July 15, 2000.

Regulatory Evaluation

    This proposed 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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under paragraph

[[Page 39547]]

10e of the regulatory policies and procedures of DOT is unnecessary.
    Although this regulation prevents traffic from transiting New Haven 
Harbor during the event, the effect of this regulation will not be 
significant for the following reasons: the limited duration that the 
safety zone will be in effect and the extensive advance notifications 
that will be made to the maritime community via the Local Notice to 
Mariners, facsimile, marine information broadcast, local area committee 
meetings, and New Haven area newspapers. Mariners will be able to 
adjust their plans accordingly base on the extensive advance 
information. Additionally, this safety zone has been narrowly tailored 
to impose the least impact on maritime interests yet provide the level 
of safety deemed necessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities. This rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit through portions of Long Island Sound and New 
Haven Harbor during various times of July 15, 2000. Although these 
regulations apply to a substantial portion of New Haven Harbor, 
designated areas for viewing the Amistad arrival are being established 
to allow for maximum use of the waterways by vessels that usually 
operate in the affected areas. New Haven Harbor will be closed to 
commercial traffic during the Amistad arrival parade. Before the 
effective period, the Coast Guard would make notifications to the 
public via mailings, facsimiles, the Local Notice to Mariners and the 
use of the sponsor's Internet site. In addition, the sponsoring 
organization, Amistad Historical society, is planning to provide 
notification of the event via local newspapers, pamphlets and 
television and radio broadcasts.
    If, however, you think that your business or organization qualifies 
as a small entity and that this proposed rule will 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.

Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule would not impose an unfunded mandate.

Taking of Private Property

    This rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

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

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and record keeping 
requirements, Waterways.

Temporary Regulation

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

PART 165--[AMENDED]

    1. The authority citation for Part 165 reads as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46; Section 165.100 is also 
issued under authority of Sec. 311 Pub. L. 105-383.

    2. Add temporary Sec. 165.T01-166 to read as follows:


Sec. 164.T01-166  Safety Zone; Arrival of Sailing Vessel AMISTAD in New 
Haven Harbor, Connecticut.

    (a) Location. All waters of New Haven Harbor within the boundaries 
of the marked channel leading from the New Haven Harbor entrance buoy 
to the I-95 Quinnipiac River Bridge.
    (b) Effective period. This section is effective from 10:00 a.m. 
until 4:00 p.m., on July 15, 2000.
    (c) Regulations. (1) The rules covering safety zones contained in 
section 165.23 of this part apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U.S. Coast Guard vessel via siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

    Dated: May 24, 2000.
David P. Pekoske,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 00-16246 Filed 6-26-00; 8:45 am]
BILLING CODE 4910-15-U