[Federal Register Volume 66, Number 108 (Tuesday, June 5, 2001)]
[Rules and Regulations]
[Pages 30061-30063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14098]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-075]
RIN 2115-AA97


Safety Zone: USS DOYLE Port Visit--Boston, Massachusetts

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the USS DOYLE port visit from 7 a.m. June 1, 2001 until 2 p.m. June 4, 
2001 in Boston, MA. The safety zone temporarily closes all waters of 
Boston Inner Harbor within a seventy five (75) foot radius of the USS 
DOYLE. The safety zone prohibits entry into or movement within this 
portion of Boston Inner Harbor during the effective period without 
Captain of the Port authorization. The safety zone is needed to protect 
the maritime community from the hazards caused by the transit of a 
large naval vessel, as well as to safeguard the USS DOYLE, the public 
and the surrounding area from sabotage or other subversive acts, 
accidents, or other events of a similar nature.

DATES: This rule is effective from 7 a.m. Friday, June 1 until 2 p.m. 
Monday, June 4, 2001.

ADDRESSES: Documents as indicated in this preamble are part of docket 
CGD01-01-75 and are available for inspection or copying at Marine 
Safety Office Boston, 455 Commercial Street, Boston, MA between the 
hours of 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (junior grade) Dave Sherry, 
Marine Safety Office Boston, Waterways Management Division, at (617) 
223-3006.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing a NPRM and for making this regulation effective in less than 
30 days after Federal Register publication. Due to security concerns 
for the vessel, information about the port call of the USS DOYLE was 
not provided to the Coast Guard until May 14, 2001, making it 
impossible to draft or publish a NPRM or a final rule 30 days in 
advance of its effective date. Any delay encountered in this 
regulation's effective date would be unnecessary and contrary to public 
interest since immediate action is needed to protect the maritime 
community from hazards created by a large naval vessel's transit 
through Boston Harbor. In addition, immediate action is needed to 
safeguard the USS DOYLE, the public and the surrounding area from 
sabotage or other subversive acts, accidents, or other events of a 
similar nature. This temporary safety zone is only effective for a 
three day long port call and should have negligible impact on vessel 
transits due to the fact that vessels can safely transit around the 
zone and that they are not precluded from using any portion of the 
waterway except the safety zone area itself.

Background and Purpose

    This regulation establishes a moving safety zone on the waters of 
Boston Inner Harbor seventy five (75) foot radius of the USS DOYLE 
during its inbound and outbound transits between the BG buoy and Pier 
One in the Charlestown Navy Yard in Boston Inner Harbor. A stationary 
safety zone will remain effective while at its temporary berth at Pier 
One in the Charlestown Navy Yard. The safety zone is in effect from 7 
a.m. June 1 until 2 p.m. June 4, 2001. This safety zone prohibits entry 
into or movement within this portion of Boston Harbor and is needed to 
protect the maritime community from hazards created by a large naval 
vessel's transit, to safeguard the USS DOYLE, the public and the 
surrounding area from sabotage or other subversive acts, accidents, or 
other events of a similar nature. Marine traffic may transit safely 
outside of the safety zone during the inbound and outbound transit 
between the BG buoy and Pier One in the Charlestown Navy Yard, and 
while the vessel is moored in the Charlestown Navy Yard. The Captain of 
the Port does not anticipate any negative impact on vessel traffic due 
to the establishment of this safety zone. Public notifications will be 
made prior to the effective period via local notice to mariners and 
marine information broadcasts.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not

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require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040, February 26, 1979).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of Boston Harbor, the effect of this regulation will not be significant 
for several reasons: the minimal time that vessels will be restricted 
from the area, the limited extent of the safety zone, the ability for 
vessels to safely transit outside of the safety zone, and the advance 
notifications which will be made to the local maritime community by 
marine information broadcasts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of Boston Inner Harbor between 7 a.m. on 
June 1, 2001 and 2 p.m. on June 4, 2001. This safety zone will not have 
a significant economic impact on a substantial number of small entities 
for the following reasons: the safety zone is only 75 feet surrounding 
the USS DOYLE, permitting vessel traffic to safely pass outside of the 
safety zone, the safety zone is limited in duration, and the Coast 
Guard will issue marine information broadcasts before the effective 
period widely available to users of the Harbor.

Assistance for Small Entities

    Due to the short notice of the need for this regulation the Coast 
Guard did not have time to assist small entities under section 213(a) 
of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. 
L. 104-121).
    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

    The Coast Guard analyzed this rule under E.O. 13132 and has 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This rule would not 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

    The Coast Guard 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 pose an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Indian Tribal Governments

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

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, (34)(g), of Commandant 
Instruction M16475.lC, this proposed 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

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.


    2. Add temporary Sec. 165.T01-075 to read as follows:


Sec. 165.T01-075  Safety Zone: USS DOYLE Port Visit--Boston, 
Massachusetts.

    (a) Location. The following area is a safety zone: All waters of 
Boston Inner Harbor within a seventy five (75) foot radius of the USS 
DOYLE during its inbound and outbound transits between the ``BG'' Buoy 
and Pier One at the Charlestown Navy Yard. The safety zone shall remain 
in effect while the USS DOYLE it moored at Pier One in the Charlestown 
Navy Yard.
    (b) Effective Date. This section is effective from 7 a.m. on 
Friday, June 1, 2001 until 2 p.m. on Monday, June 4, 2001.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into or movement within this zone will 
be prohibited unless authorized by the Captain of the Port Boston.
    (2) All vessel operators shall comply with the instructions of the 
COTP or the

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designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast 
Guard patrol personnel include commissioned, warrant, and petty 
officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, local, state, and federal law enforcement vessels.

    Dated: May 17, 2001.
B. M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 01-14098 Filed 6-4-01; 8:45 am]
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