50510 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

§ 117.603 Manchester Harbor.

The Massachusetts Bay

Transportation Authority Bridge at mile

1.0 in Manchester, shall operate as

follows:

(a) The draw shall open on signal—

(1) From Memorial Day through

September 30 from 7 a.m. to 11 p.m.;

(2) From April 1 to Memorial Day and

from October 1 to November 1 from 9

a.m. to 1 p.m. and 2 p.m. to 6 p.m.

(b) At all other times, the draw shall

open on signal with at least four hours

notice.

(c) The owner of this bridge shall

provide and keep in good legible

condition, clearance gauges for each

draw with figures not less than twelve

(12) inches high designed, installed and

maintained in accordance with the

provisions of section 118.160 of this

chapter.

§ 117.604 [Removed]

3. Section 117.604 is removed.

Dated: August 17, 1997.

R.M. Larrabee,

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

First Coast Guard District.

[FR Doc. 97–25601 Filed 9–25–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13–97–027]

Safety Zone Regulation;

Commencement Bay Maritime Festival

Tugboat Races, Commencement Bay,

Tacoma, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone during the

Commencement Bay Maritime Festival

Tugboat Races held on Commencement

Bay in Tacoma, WA. This event will be

held on Sunday, September 28, 1997,

from 12:30 p.m. to 3:30 p.m. (PDT). The

Coast Guard, through this action,

intends to promote the safety of

spectators and participants in this event.

Entry into the safety zone will be

prohibited during the event in order to

keep spectator vessels from interfering

with the races and to prevent damage

that may be caused by the large wakes

produced by the tugboats during the

races.

DATES: This regulation becomes

effective on September 28, 1997, at

12:30 p.m. and will terminate at 3:30

p.m. (PDT) that same day, unless sooner

terminated by the Captain of the Port.

FOR FURTHER INFORMATION CONTACT: LT

Joel Roberts, c/o Commanding Officer,

Coast Guard Marine Safety Office, 1519

Alaskan Way South, Seattle,

Washington 98134, (206) 217–6232.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking has not been

published for this regulation and good

cause exists for making it effective less

than 30 days from the date of

publication in the Federal Register. The

final details of this event were not

available from its sponsor more than 30

days prior to the event. Prompt

regulatory action is needed in order to

provide for the safety of spectators and

participants during this event. If normal

notice and comment procedures were

followed, this rule would not become

effective until after the date of the event.

For this reason, following normal

rulemaking procedures in this case

would be impracticable and contrary to

the public interest.

Background and Purpose

The Tug Boat Races are sponsored by

the Commencement Bay Maritime

Festival Committee as part of the

Commencement Bay Maritime Festival

and will be conducted on the waters of

Commencement Bay, Tacoma, WA. This

one day event attracts a large number of

spectator craft which gather on the

waters near the race course. To promote

the safety of both the spectators and

participants, a safety zone will be

established and entry into this safety

zone will be restricted during the event.

This action is necessary in order to keep

spectators off of the race course and to

prevent any damage to spectator vessels

that may be caused by the large wakes

produced by the tugs during the races.

This safety zone will be enforced by

representatives of the Captain of the

Port Puget Sound, Seattle, Washington.

The Captain of the Port may be assisted

by other federal, state, and local

agencies.

Regulatory Evaluation

This proposal 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. It has been exempted from review

by the Office of Management and

Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 CFR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary. This

expectation is based on the fact that the

safety zone will involve less than one

square mile of area on Commencement

Bay and entry into this zone will be

restricted for only 3 hours on the day of

the event.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632). For the reasons outlined in

the Regulatory Evaluation above, the

Coast Guard expects the impact to be

minimal on all entities. Therefore, the

Coast Guard certifies under 5 U.S.C.

605(b) that this final rule will not have

a significant economic impact on a

substantial number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.)

Federalism

The Coast Guard has analyzed this

final rule in accordance with the

principles and criteria contained in

Executive Order 12612 and has

determined that this final rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this rule and

has concluded that under Section

2.B.2.c. of Commandant Instruction

M16475.1B, it is categorically excluded

from further environmental

documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Final Regulation

For the reasons set out in the

preamble, the Coast Guard amends part
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50511

165 of Title 33, Code of Federal

Regulations, as follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

2. A temporary section 165T.13–022

is added to read as follows:

§ 165.T13–022 Safety Zone;

Commencement Bay, Tacoma, WA.

(a) Location. The following area is a

safety zone: All waters of

Commencement Bay, Tacoma, WA,

bounded by a line commencing at

position latitude 47°15′49′′ N, longitude

122°26′00′′ W; thence to position

latitude 47°16′24′′ N, longitude

122°26′19′′ W; thence to position

latitude 47°17′23′′ N, longitude

122°28′40′′ W; thence to position

latitude 47°17′00′′ N, longitude

122°29′00′′ W; thence along the shore of

Commencement Bay to position latitude

47°15′41′′ N, longitude 122°26′21′′ W;

thence returning across the mouth of the

Thea Foss Waterway to the point of

origin. This safety zone resembles a

rectangle measuring approximately 2.4

miles along the shoreline and extending

approximately 800 yards into

Commencement Bay. [Datum: NAD 83]

(b) Regulations. In accordance with

the general regulations in 165.23 of this

part, no person or vessel may enter or

remain in this zone, except for

participants in the event, supporting

personnel, vessels registered with the

event organizer, or other vessels

authorized by the Captain of the Port or

his designated representatives.

(c) Effective dates. This section is

effective on September 28, 1997, at

12:30 p.m. (PDT) and terminates on

September 28, 1997, at 3:30 p.m., unless

sooner terminated by the Captain of the

Port.

Dated: September 18, 1997.

M.S. Boothe,

Captain, U.S. Coast Guard, Captain of the

Port Puget Sound.

[FR Doc. 97–25597 Filed 9–25–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07–97–019]

RIN 2115–AE84

Regulated Navigation Area: Miami, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a permanent regulated

navigation area on portions of the

Miami River, and Tamiami Canal. Over

300 freight vessels, ranging in size from

40 to 278 feet in length and 20 to 2600

gross tons routinely operate from the

Miami River and the Tamiami Canal.

The waterway channel is well under

150 feet wide at most points, and as

vessels are often moored several abreast

into the waterway this can result in

little room in the channel for the safe

navigation of other vessels transiting the

waterway. This regulated navigation

area is needed to provide for an

unrestricted navigation channel by

preventing the improper mooring of

vessels on affected portions of the

Miami River and the Tamiami Canal. By

establishing this permanent regulation,

the Coast Guard expects to improve

navigational safety on the river, prevent

marine casualties which can cause

injury to persons, property and the

environment, and ensure the river’s

continued ability to serve as a main

artery for flood control.

DATES: This Regulated Navigation Area

is effective October 27, 1997.

FOR FURTHER INFORMATION CONTACT:

LCDR S.M. Hanewich, Port Management

and Response Department, USCG

Marine Safety Office Miami at (305)

535–8764.

SUPPLEMENTARY INFORMATION:

Regulatory History

A Notice of Proposed Rulemaking

concerning this Regulated Navigation

Area on the Miami River, was published

in the Federal Register on June 9, 1997

(62 FR 31385). No comments were

received during the comment period.

Background and Purpose

These regulations are needed to

provide for the unimpeded transit of

vessels along portions of the Miami

River and the Tamiami Canal, to prevent

damage to bridges and other structures

or moored vessels, and to protect the

navigable waters from harm resulting

from improperly moored vessels in the

Miami River and Tamiami Canal. The

project channel depth is 15 feet. The

width varies from 150 feet at the mouth

of the river (at the Brickell Avenue

Bridge) to 90 feet at the limit of

navigation (South Florida Water

Management District salinity dam). The

Coast Guard believes that a significant

risk exists that vessels rafted too far into

the waterway channel interfere with the

ability of other vessels to navigate.

Furthermore, local emergency response

personnel have been hampered in their

ability to reach outboard rafted vessels

during vessel fires and other

emergencies.

The Miami River also serves as a flood

control conduit in southern Florida,

especially during hurricanes and

tropical storms. During periods of high

water, the South Florida Water

Management District may release water

from the Everglades and surrounding

areas into the river. Vessels that are

improperly moored along the river, as

when there are more than two vessels

abreast, create a risk that the vessels

may break loose and damage bridges or

other vessels, or create obstructions

which could jeopardize navigation and

flood control. This rule is intended to

improve navigational safety on the river,

and ensure the river’s continued ability

to serve as a main artery for flood

control.

These regulations would not allow

vessels to be rafted more than two

abreast. Neither a single vessel nor a

maximum of two rafted vessels will be

allowed to extend greater than 54 feet

into the main river (measured from the

dock) without permission of the Captain

of the Port. There are many mooring

facilities available on the river to

accommodate those vessels required to

move because of these regulations.

These regulations will require that a

minimum navigation channel width of

65 feet exist on the Miami River at all

times, from the Brickell Avenue Bridge

west to the Tamiami Canal. A minimum

channel width of 45 feet shall exist at

all times on the Tamiami Canal and on

the Miami River west of its junction

with the Tamiami Canal to the South

Florida Water Management District’s

salinity dam. No moored vessels shall

extend into the channels in such a way

as to obstruct navigation. All moored

and rafted vessels shall provide safe

access from the shore in order that the

vessel can be boarded by crew and

authorities quickly and efficiently as

needed.

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