Regulated Navigation Area; Arrival Notification and Year 2000 (Y2K) Reporting Requirements for Vessels Transiting the Cape Cod Canal

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-150]

RIN 2115-AE84

Regulated Navigation Area; Arrival Notification and Year 2000

(Y2K) Reporting Requirements for Vessels Transiting the Cape Cod Canal

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule with request for comments.

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

SUMMARY: The Coast Guard is establishing a regulated navigation area

for U.S. and foreign flag vessels transiting the Cape Cod Canal during

the peak Y2K risk periods of December 30, 1999 to January 1, 2000 and

February 27, 2000 to February 29, 2000. Owners and operators of U.S.

vessels transiting the Cape Cod Canal during these periods will be

required to notify the Captain of the Port, Marine Safety Office

Providence RI, (hereinafter COTP Providence RI) 24 hours in advance of

their transit. Owners and operators of foreign vessels will be required

to notify and report Year 2000 (Y2K) preparedness information to the

COTP Providence, RI 24 hours in advance of transiting the Cape Cod

Canal. The advance notice and Y2K information will allow the COTP

Providence, RI to assess vessel preparedness for potential Y2K-related

malfunctions of equipment and systems and enable appropriate measures

to be taken to protect the Cape Cod Canal from a serious marine

casualty.

DATES: This temporary rule is effective from December 22, 1999 and

expires on March 1, 2000. Comments must reach the addresses below on or

before January 21, 2000. Comments sent to the Office of Management and

Budget (OMB) on collection of information must reach OMB on or before

February 22, 2000.

ADDRESSES: To make sure your comments and related material are not

entered more than once in the docket, please submit them by only one of

the following means:

(1) By mail to Commander, First Coast Guard District (m), 408

Atlantic Avenue, Boston, Massachusetts, 02210.

(2) By hand to room 632 on the 6th floor at the address listed

above between 8 a.m. and 3 p.m., Monday through Friday, except Federal

holidays. The telephone number is (617) 223-8334.

(3) By fax to the Docket Manager at 617-223-8904.

Commander, First Coast Guard District (m) maintains the public

docket for this rulemaking. Comments and related material, and

documents as indicated in this preamble, will become part of this

docket and will be available for inspection or copying at room 632 on

the 6th floor at the same address between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Dennis O'Mara, Marine Safety

Division, First Coast Guard District, 617-223-8334.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages 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

(CGD1-99-150), indicate the specific section of this document to which

each comment applies, and give the reason for each comment. You may

submit your comments and material by mail, hand or fax, to the address

under ADDRESSES; but please submit your comments and material by only

one means. If you submit them by mail or hand, submit them in an

unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. If you submit them by mail and would

like to know they were received, please enclose a stamped, self-

addressed postcard or envelope. The Coast Guard encourages you to file

any important comments as quickly as possible. We will consider all

comments and material received during the comment period and may change

this rule, if necessary, in response to the comments.

Regulatory Information

Due to the unique nature of the Y2K problem, this rule is being

made effective on the date of publication. It will have considerable

positive impact on marine safety and environmental protection in the

Cape Cod Canal by establishing a reporting requirement for vessels

transiting the Cape Cod Canal during the peak Y2K risk periods of

midnight December 30, 1999 to midnight January 1, 2000 and midnight

February 27, 2000 to midnight February 29, 2000. The Cape Cod Canal is

administered by the Army Corps of Engineers. There is presently no

regulation requiring either a U.S. or a foreign flag vessel planning on

transiting the Cape Cod Canal to notify either the Army Corps of

Engineers or the Coast Guard prior to arrival at the eastern or western

entrance to the Cape Cod Canal. Therefore, without this rule, the COTP

Providence, RI would not be able to assess a vessel's Y2K compliance

prior to the vessel arriving at the entrance of the Cape Cod Canal.

Vessels could experience delay while the COTP Providence, RI determines

whether the vessel should transit the Cape Cod Canal. This rule will

facilitate the movement of vessels through the Cape Cod Canal during

the peak Y2K risk periods by allowing the COTP Providence, RI to

determine a vessel's Y2K compliance status prior to its arrival at the

entrance to the Cape Cod

[[Page 71656]]

Canal. The reporting of the information causes no harm and the time

requirements to report the information are minimal.

For these reasons, the Coast Guard finds good cause exists, under 5

U.S.C. 553 (b)(B) and 5 U.S.C. 553(d)(3), for not publishing an NPRM

and for making this rule effective less than 30 days after publication

in the Federal Register.

Background and Purpose

The maritime industry incorporates automation and computer

technology into almost every aspect of its business operations.

Automation is used for many shipboard systems such as main propulsion,

boilers, auxiliary systems, power generation, position fixing

navigation systems, communications, radar, steering systems, cargo

systems, and bilge/ballast controls. Despite current regulations for

equipment and systems testing, the potential technological malfunctions

associated with the Year 2000 (Y2K) problem could disrupt maritime

operations.

What is the Y2K Problem?

The Y2K problem stems from the widespread computer industry

practice of using 2 digits instead of 4 to represent the year in

databases, software applications, and hardware microchips. Certain

systems will face difficulty in the year 2000 when that year is

represented as ``0''. Unable to differentiate ``0'' from the year 1900,

computer programs and systems aboard ships could malfunction or

completely shut down.

How Might the Y2K Problem Affect Vessels?

Computer programs for engine automation systems that send critical

operating signals are good examples of the Y2K problem. If these

programs misread ``00'' as the year 1900 instead of 2000, they may

misinterpret that 100 years have passed and respond with an

inappropriate action or a series of inappropriate actions, creating a

domino effect, that could shut down systems. Temporary loss of main

engine operation or steering at sea on a calm day with no other ships

in sight may only prove inconvenient. However, the unexpected loss of a

ship's propulsion in the Cape Cod Canal could result in a serious

casualty. The risk period for Y2K-related equipment and system failures

and malfunctions is not limited to January 1, 2000. Similar problems

are associated with the date February 29, 2000.

Why Is February 29, 2000 a Date of Concern?

February 29, 2000 is a date of concern because of how leap years

are determined. Our calendars reflect leap years occur every four

years; however, leap years do not adhere to a strict four-year cycle.

As a result, century years generally are not leap years (i.e. year 1800

or 1900). However, exceptions apply to century years evenly divisible

by 400, such as February 29, 2000. Problems could occur in computers

not properly programmed to accept this date. If a microprocessor reads

``00'' as the year 1900, it will fail to accept the 29th of February

because 1900, unlike 2000, was not a leap year.

Why is this Temporary Rule Necessary?

On June 23, 1999, the Coast Guard published a Temporary Interim

Rule (hereinafter referred to as the ``Interim Rule'') that requires

certain vessels to report Y2K preparedness information via the

submission of a questionnaire (64 FR 33404, June 23, 1999); (64 FR

41794, August 2, 1999). The Interim Rule and current regulations do not

require vessels to give advance notification prior to transiting the

Cape Cod Canal. U.S. vessels are required to provide 24 hour notice of

arrival to the port of destination, but the existing rules do not

require canal transits to be reported. The Interim Rule requires

certain U.S. vessels that are operating during the peak periods to

submit a vessel Y2K questionnaire so that it is received by the Coast

Guard no later than August 20, 1999. This rule requires U.S. vessels to

notify COTP Providence, RI 24 hours prior to transiting the Cape Cod

Canal. This will allow COTP Providence RI to access the information

already provided to the Coast Guard under the Interim Rule.

The Interim Rule requires foreign vessels operating on waters

subject to the jurisdiction of the U.S. during peak risk periods to

submit a Y2K vessel questionnaire so that it is received by the Coast

Guard no later than 24 hours prior to arrival in a U.S. port or place

of destination. However, since the Cape Cod Canal is not a port or

place of destination as defined by the Interim Rule, a foreign flag

vessel could arrive at the canal entrance without having submitted a

questionnaire to the Coast Guard within the previous 24 hour period,

leaving the COTP Providence, RI uncertain as to a foreign vessel's Y2K

compliance. This rule requires foreign vessels to submit Y2K

preparedness information and arrival notification 24 hours in advance

of arrival at the Cape Cod Canal.

Timely Y2K assessments of vessels transiting the Cape Cod Canal

during peak risk periods are required due to the congested approaches,

narrow width of the canal and environmental sensitivity of the

surrounding area. Several shellfish beds are located in close proximity

of the approaches of the Cape Cod Canal. By requiring vessels to

provide 24 hour advance notification before transiting the Cape Cod

Canal, the COTP Providence, RI will have time to assess a U.S. vessel's

Y2K compliance (using the information submitted by the vessel) prior to

its arrival at the canal. This will prevent unnecessary delays to the

vessel while its Y2K compliance is determined.

How Will the COTP Providence RI Collect Y2K Preparedness Information

From Foreign Vessels?

Vessels will be required to complete IMO Year 2000 questionnaire 2

and United States (U.S.) Supplement 1. The questionnaire is based on

the questionnaire found in the IMO's Year 2000 Code of Good Practice.

The questionnaire has U.S. specific instructions and includes a U.S.

supplement. More information on this questionnaire, including

applicability and submission requirements, can be found in the

Discussion section of this document.

How Will COTP Providence, RI, Assess Y2K-Related Risks for Vessels

Requesting To Transit the Cape Cod Canal?

The COTP Providence, RI, will use the ``Y2K Risk Assessment

Matrix'' as a tool to help assess potential Y2K risks associated with

vessel operations during peak risk periods. The risk assessment matrix

is part of NVIC 7-99. NVIC 7-99 will be available in the docket at the

address under ADDRESSES and on the Internet at http://www.uscg.mil/hq/

g-m/nvic/.

COTP Providence, RI will conduct risk assessments during two peak

risk periods:

Between midnight December 30, 1999, and midnight January

1, 2000 (48 hours); and

Between midnight February 27, 2000, and midnight February

29, 2000 (48 hours).

The risk assessment matrix, however, is not meant to be a binding

mechanism from which the COTP cannot deviate. It is simply one tool

that is designed to assist the COTP in making decisions regarding

maritime safety and the marine environment. The COTP Providence, RI

will use the vessel movement section of the matrix to evaluate whether

or not a vessel will be

[[Page 71657]]

permitted to transit the Cape Cod Canal or if any conditions will be

placed on the vessel prior to transit. The vessel movement section

identifies vessel and cargo risk factors (inspection status, cargo,

vessel history, etc.) and balances these factors with local

environmental factors (time of day, weather, etc.) and the potential

consequences of accidents (health and safety, environmental, vessel

traffic, etc.) in the Cape Cod Canal. The matrix considers these risk

factors along with mitigating factor information obtained from the

questionnaires (equipment testing, contingency planning, etc.) to

calculate an overall risk factor.

The Y2K Risk Assessment Matrix is a tool designed to analyze

information from a variety of sources. The questionnaire required by

this temporary interim rule is only one component of the risk

assessment process. It is conceivable, if unlikely, that a vessel or

representative could reply ``no'' to every question on the applicable

questionnaire (indicating that no Y2K preparedness actions have been

taken). The COTP, after conducting a risk assessment and classifying

the vessel as low risk, could allow the vessel to transit the Cape Cod

Canal without restriction during one or more peak risk periods. A

vessel not prepared for Y2K could be classified as low risk based on a

number of factors such as weather conditions, tide and current, type of

cargo, vessel traffic density, etc. However, in most cases, a vessel

that demonstrates some level of Y2K preparedness should receive a

better overall risk factor score than a vessel that is not prepared for

Y2K. We encourage vessel owners and operators to obtain copies of NVIC

7-99 so they can use the risk assessment matrix to conduct Y2K

preparedness self-assessments.

Discussion

This rulemaking will prescribe temporary advance arrival

notification for certain U.S. vessels and temporary advance arrival

notification and Y2K preparedness reporting requirements for foreign

vessels desiring to transit the Cape Cod Canal by adding a temporary

new section in 33 CFR 165.123--Regulated Navigation Area: Advance

Arrival Notification and Year 2000 (Y2K) Preparedness Reporting for

Certain Vessels Transiting the Cape Cod Canal. The new section contains

applicability for certain vessels and instructions for submitting the

appropriate advance arrival notification and Y2K preparedness

information. These temporary reporting requirements will help COTP

Providence, RI assess potential Y2K risks associated with vessels

transiting the Cape Cod Canal during peak risk periods.

Applicability and Exemptions

The 24 hour advance notification will apply to vessels owned in the

U.S. and foreign flag vessels transiting the Cape Cod Canal during one

of the following periods:

a. Between midnight December 30, 1999 and midnight January 1, 2000

(48 hours)

b. Between midnight February 27, 2000 and midnight February 29,

2000 (48 hours).

The following vessels are exempt from the 24 hour advance

notification requirement:

Recreational vessels under 46 U.S.C. 4301 et seq.;

Public vessels;

Uninspected commercial fishing vessels;

Uninspected barges; and

Uninspected passenger vessels.

The Y2K reporting requirements will apply to foreign flag vessels

transiting the Cape Cod Canal during one of the following periods:

a. Between midnight December 30, 1999 and midnight January 1, 2000

b. Between midnight February 27, 2000 and midnight February 29,

2000 (48 hours).

Foreign flagged public vessels are exempt from the Y2K reporting

requirements.

Definitions

The terms used in Sec. 165.123 have the same meaning as those found

in 33 CFR 160.309. (64 FR 33404, June 23, 1999).

Questionnaire

The Questionnaire consists of four pages. Page 1 includes

instructions for completing the Questionnaire. The instructions provide

very specific and detailed information on how to use the questionnaire,

where to send it, when and how to update information, etc. Page 2 is

the IMO Year 2000 Questionnaire 2. This questionnaire is designed to

collect specific Y2K preparedness information for a vessel or fleet of

vessels. Page 3 is the U.S. Supplement 1. The Coast Guard developed

U.S. Supplement 1 to collect vessel specific information such as vessel

type and cargo. It also asks one additional risk assessment-related

question concerning Y2K contingency planning. Page 4 is a list of

Marine Safety Offices/Captains of the Port. Foreign vessels requesting

to transit the Cape Cod Canal must submit the questionnaire directly to

COTP Providence, RI.

Y2K Reporting Requirements for Vessels Owned in the United States

Vessels owned in the U.S. are required by the Interim rule

published on June 23, 1999 (amended August 2, 1999), to submit Y2K

compliance information by August 20, 1999. Therefore there is no

additional Y2K information required. However, if you are the vessel

representative of a vessel owned in the U.S. that will transit the Cape

Cod Canal during any of the peak risk periods, you must provide advance

notification to COTP Providence, RI, no later than 24 hours prior to

the vessel's transit of the canal.

Y2K Reporting Requirements for Foreign Flag Vessels

If you are a representative of a foreign flag vessel that will

transit the Cape Cod Canal during one of the peak risk periods, you

must give notification and submit a Vessel Questionnaire to COTP

Providence, RI, no later than 24 hours prior to the vessel's arrival at

the approach buoys of the canal.

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,

l979).

Costs

The costs of the rule are the labor costs, and fax and mail costs

required by industry to complete and submit the questionnaires, plus

costs to the government to review the forms. The total cost of the rule

to industry and government is less than $1,000.

Benefits

This rule will provide COTP Providence RI with critical Y2K

preparedness information on vessels desiring to transit the Cape Cod

Canal. COTP Providence, RI will use this information to identify

potentially high risk operations during peak risk periods so

appropriate measures can be taken to promote safety and environmental

protection.

Small Entities

Since we did not publish a notice of proposed rulemaking, this

action is not covered by the Regulatory Flexibility Act (5 U.S.C. 601-

612). However, we have considered whether this temporary rule would

have a significant economic

[[Page 71658]]

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. Small entities that own or operate certain U.S. vessels or

foreign flag vessels that desire to transit the Cape Cod Canal on one

of the peak dates are affected by this rule. Small entities that own or

operate uninspected commercial fishing vessels, uninspected passenger

vessels, uninspected barges, recreational vessels, and public vessels

are exempted from this rule. It is expected to take a foreign vessel

representative, on average, 13 minutes to complete a Vessel

Questionnaire (includes 8 minutes to complete IMO Year 2000

Questionnaire 2 and 5 minutes to complete U.S. Supplement 1). The total

cost for a single vessel, on average, is expected to range from $9.45

to $10.75 (depending on delivery costs). For each additional vessel in

a fleet, total labor cost increases by $3.60 per vessel, and total

delivery cost increases by $0 to $0.65, depending upon method of

delivery.

The smaller a company's fleet, the smaller the hour burden and

labor cost to complete and submit the Vessel Questionnaire. Because

fleet size is a reasonable measure of entity size, we expect small

entities to have relatively small fleets. According to the Coast

Guard's data base, a U.S. vessel company, on average, has 4 vessels.

Thus, the total hour burden and total cost of this rule to an entity

with an average fleet is 0.47 hours and from $21.15 to 24.58,

respectively. We expect the hour burden and cost of this rule to small

entities to be less than this average.

Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that

this temporary rule would not have a significant economic impact on a

substantial number of small entities.

Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104-121), we want to assist small

entities in understanding this temporary interim rule so that they can

better evaluate its effects on them and participate in the rulemaking.

If the rule will affect your small business, organization, or

governmental jurisdiction and you have questions concerning its

provisions or options for compliance, please call LT Dennis O'Mara at

(617) 223-8334.

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

Need for Information: At present, there are no regulations

requiring advance notification or Y2K preparedness information for

vessel transiting the Cape Cod Canal during one of the peak risk

periods. The advance notice of arrival and Y2K preparedness information

required by this rule will help COTP Providence, RI assess vessel

preparedness for potential Y2K-related malfunctions of equipment and

systems. This preparedness information will help COTP Providence, RI

identify potentially hazardous situations during peak Y2K risk periods,

enabling him to take appropriate measures to promote port safety and

environmental protection.

Proposed Use of Information: To help COTP Providence, RI conduct

Y2K risk assessments for vessels transiting the Cape Cod Canal. Risk

assessments will identify potentially hazardous situations during peak

risk periods so appropriate measures can be taken to help ensure port

safety and environmental protection.

Description of the Respondents: Vessels that transit the Cape Cod

Canal during one of the peak risk periods.

Number of Respondents: 50 U.S. Vessels and 25 foreign vessels.

These totals are based upon information provided by the Army Corps of

Engineers regarding the average number of vessel transits through the

Cape Cod Canal.

Frequency of Response: One arrival notification for each U.S.

vessel and one arrival notification, one IMO Year 2000 questionnaire 2,

and one U.S. supplement 1 for each foreign flag vessel. Each U.S.

company will be required to give 24-hour advance notice of arrival for

every vessel in its fleet that desires to transit the Cape Cod canal

during one of the peak risk periods. We expect that 50 advance notices

of arrival will be submitted for U.S. vessels. The Coast Guard

estimates it will take, on average, 5 minutes (0.08 hours) to submit

advance notification of arrival. Thus, the total hour burden to U.S.

vessel companies is less than 3 hours. With an average unit labor cost

of $45 per hour, we expect the total labor cost to owners/operators of

U.S. vessels is $135.

The Coast Guard estimates the average delivery cost for the

required vessel information is $0.65 per page by fax. The Coast Guard

anticipates receiving 100% notice of arrivals via fax. U.S. vessel

representatives will submit a total of 50 submissions via fax. Thus,

the delivery cost of this rule to U.S. vessels is $32.50. The total

cost to U.S. vessels is $167.50.

The Coast Guard estimates that 25 foreign flag vessels will desire

to transit the Cape Cod Canal during one of the peak risk periods.

Thus, we expect that a total of 25 arrival notifications, 25 IMO Year

2000 Questionnaire 2's and 25 U.S. Supplement 1's will be submitted by

foreign flag vessel representatives. The Coast Guard estimates it will

take, on average, 5 minutes (0.08 hours) to complete and submit an

advance notification of arrival, 5 minutes (0.08 hours) to complete and

submit U.S. Supplement 1, and 8 minutes (0.13 hours) to complete and

submit IMO Year 2000 Questionnaire 2. Consequently, the total hour

burden to foreign flag vessels is 6.25 hours. At a unit labor cost of

$45 per hour, the total labor cost is $281.25.

We expect foreign flag vessel representatives to submit a total of

25 submissions (25 advance arrival notifications, 25 IMO Year 2000

Questionnaires and 25 U.S. Supplement 1's). The Coast Guard estimates

that 100% (75 pages) will be submitted via fax at a cost of $0.65 per

page. Thus, we estimate the total delivery cost to foreign flag vessels

is $48.75. The total cost of this rule to foreign flag vessels is

$330.00. The total cost of this rule to industry is $497.50.

Estimate of Total Annual Burden

The estimated total annual burden is 11.5 hours. The temporary

interim rule implementing this collection will be effective from

December 22, 1999 through February 29, 2000.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C.

3507(d)), we have submitted a copy of this temporary interim rule to

the Office of Management and Budget (OMB) for its review of the

collection of information.

We ask for public comment on the collection of information to help

us determine how useful the information is; whether it can help us

perform our functions better; whether it is readily available

elsewhere; how accurate our estimate of the burden of collection is;

how valid our methods for determining burden are; how we can improve

the

[[Page 71659]]

quality, usefulness, and clarity of the information; and how we can

minimize the burden of collection.

If you submit comments on the collection of information, submit

them both to OMB and to the Docket Management Facility where indicated

under ADDRESSES, by the date under DATES.

The Coast Guard has received emergency approval from OMB on the

collection of information requirements (OMB approval number 2115-0643).

This emergency OMB approval is effective until March 31, 2000.

Federalism

We have analyzed this temporary rule under E.O. 13132 and have

determined that this rule does not have implications for federalism

under that order.

Unfunded Mandates

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 temporary rule would not impose an unfunded mandate.

Taking of Private Property

This temporary 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 temporary 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

We have analyzed this temporary 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 temporary rule and

concluded that, under figure 2-1, paragraph (34)(i), of Commandant

Instruction M16475.lC, this rule is categorically excluded from further

environmental documentation. This rule establishes temporary reporting

requirements that will assist the Coast Guard in assessing Y2K-related

risks. 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

recordkeeping requirements, Waterways.

Regulation

For the reasons set out in the preamble, the Coast Guard amends 33

CFR part 165, as follows:

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, 6.04-1, 6.04-6 and 160.5; 49 CFR 1.46. Sec. 165.100 is also

issued under the authority of sec. 311, Pub. L. 105-383.

2. Add temporary Sec. 165.123 to read as follows:

Sec. 165.123 Regulated Navigation Area: Cape Cod Canal.

(a) The waters of the Cape Cod Canal as defined by the area between

Cleveland East Ledge lighted buoy in Buzzards Bay to the 1351 lighted

buoy at the east end of the canal in Cape Cod Bay.

(b) Definitions. Terms used in this section have the same meaning

as those found in 33 CFR 160.309.

(c) Effective period. This section is effective from December 22,

1999 to March 1, 2000.

(d) Applicability. This section applies to U.S. and foreign flag

vessels transiting the Cape Cod Canal during one of the following

periods:

(1) Between midnight December 30, 1999 and midnight January 1, 2000

(48 hours); and,

(2) Between midnight February 27, 2000 and midnight February 29,

2000 (48 hours).

(e) Exemptions. The following vessels are exempt from complying

with this section:

(1) Recreational vessels under 46 U.S.C. 4301 et seq.;

(2) Public vessels;

(3) Uninspected commercial fishing vessels;

(4) Uninspected barges; and

(5) Uninspected passenger vessels.

(f) Regulations.

(1) The vessel representative of a U.S. vessel that will transit

the Cape Cod Canal during a period described in paragraph (d) of this

section, must provide arrival notification to COTP Providence RI, in

accordance with requirements contained in 33 CFR 160.207 at least 24

hours prior to transiting the canal.

(2) The vessel representative of a foreign flag vessel that will

transit the Cape Cod Canal during a period described in paragraph (d)

of this section, must provide the following to COTP Providence, RI, at

least 24 hours prior to transiting the canal:

(i) Arrival notification in accordance with 33 CFR 160.207; and

(ii) A Vessel Questionnaire, as contained in appendix A to subpart

D of part 160 of this chapter.

(iii) The information required to complete the questionnaire

includes:

(A) Name of person completing the questionnaire;

(B) Company contact personnel and address, phone number, facsimile

number (if available), and electronic mail address (if available);

(C) Vessel's name;

(D) Vessel's type;

(E) Cargo type;

(F) Vessel's gross tonnage;

(G) Vessel's Flag State;

(H) Vessel's IMO or Official Number; and,

(I) Status of Y2K preparedness.

Dated: December 9, 1999.

R.M. Larrabee,

Admiral, U.S. Coast Guard, Commander, First Coast Guard District.

[FR Doc. 99-33213 Filed 12-21-99; 8:45 am]

BILLING CODE 4910-15-U