[Federal Register Volume 60, Number 218 (Monday, November 13, 1995)]
[Proposed Rules]
[Pages 56968-56970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27866]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-95-141]
RIN 2115-AA97
Safety Zone: Sunken Vessel M/V EMPIRE KNIGHT, Boon Island, ME
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a permanent safety zone
encompassing those waters of the Atlantic Ocean within 1,000 yards of
the approximate position 43 deg.06'19'' N, 70 deg.27'09'' W (datum NAD
83) and from the water's surface to the seabed floor. This rulemaking
is being undertaken to ensure that the stern portion of the sunken
vessel M/V EMPIRE KNIGHT, and its cargo of mercury, is not disturbed by
dredging, diving, salvage, anchoring, fishing, or other activity. This
proposed rule is necessary to protect the environment, and the
commercial fishery, and the general public from any adverse effects of
contamination from mercury which could result from the disturbance of
the stern section of the wreck.
DATES: Comments must be received on or before January 12, 1996.
ADDRESSES: Comments may be mailed to Chief, Response & Planning
Department, U.S. Coast Guard Marine Safety Office, P.O. Box 108,
Portland, ME 04112-0108. Comments may also be hand delivered to the
Response & Planning Office at 312 Fore Street, Portland, Maine between
7:30 a.m. and 4 p.m., Monday through Friday, except federal holidays.
The telephone number is (207) 780-3251, extension 153.
FOR FURTHER INFORMATION CONTACT: Lieutenant Al Echols, Response &
Planning Department, U.S. Coast Guard Marine Safety Office, Portland,
Maine at (207) 780-3251, extension 153.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their name and address,
identify this rulemaking (CGD01-95-141) and the specific section of
this proposal to which each comment applies, and give a reason for each
comment. The Coast Guard requests that all comments and attachments be
submitted in an 8\1/2\'' x 11'' unbound format suitable for copying
and electronic filing. If that is not practical, a second copy of any
bound material is requested. Persons wanting acknowledgment of receipt
of comments should enclose a stamped, self-addressed postcard or
envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Project Manager at the address under
ADDRESSES. If it determines that the opportunity for oral presentations
will aid this rulemaking, the Coast Guard will hold a public hearing at
a time and place announced by a later notice in the Federal Register.
Drafting Information. The principal persons involved in drafting
this document are Lieutenant Al Echols, Project Manager, Marine
Safety Office Portland, Maine, and Lieutenant Commander Sam Watkins,
Project counsel, First Coast Guard District Legal Office, Boston,
MA.
Background and Purpose
In February of 1944, the M/V EMPIRE KNIGHT, a 428 foot British
freight ship ran aground on Boon Island Ledge, Maine, and later broke
into two sections. The stern section, which includes the ship's cargo
holds, sank in approximately 260 feet of water, one and one half miles
from Boon Island Ledge. In August of 1990, the Coast Guard Captain of
the Port, Portland, Maine (COTP) became aware of the existence of a
``Proposed'' Plan of Stowage for the wreck of the M/V EMPIRE KNIGHT
which indicated that 221 flasks containing mercury may have been loaded
into cargo hold number 5. The COTP issued a Captain of the Port Order
to a company then conducting salvage operations, requiring them to
refrain from further salvage activity until the situation could be more
thoroughly assessed.
Over the next year, the COTP convened an Incident Specific Regional
Response Team (RRT) consisting of representatives from the Maine
Department of Environmental Protection, the New Hampshire Department of
Environmental Services, the Maine Department of Marine Resources, the
New Hampshire Department of Fish and Game, the U.S. Environmental
Protection Agency, the U.S. National Oceanic and Atmospheric
Administration, and the U.S. Coast Guard to gather information about
the M/V EMPIRE KNIGHT and its cargo, and to identify the possible
courses of action.
During the summer of 1992, the Maine Department of Marine Resources
collected samples of bottom sediment around the stern portion of the
EMPIRE KNIGHT to determine if mercury was present and, if so, to what
extent. Laboratory analyses of the samples revealed levels of mercury
consistent with the background levels with some exceptions, rendering
them inconclusive on whether mercury had been on board the M/V EMPIRE
KNIGHT at the time of its sinking.
In the spring of 1993, the COTP, in consultation with the RRT,
determined that the possible presence of mercury on board the M/V
EMPIRE KNIGHT constituted an imminent and substantial threat to the
environment. The RRT agreed that an on site assessment of the stern
section of the M/V EMPIRE KNIGHT was necessary to determine the
presence of the mercury, and to assess whether it would be necessary,
feasible, and safe to remove it if on board.
In August, 1993, the COTP, as the Federal On Scene Coordinator,
initiated a $6.8 million emergency site assessment and removal
operation. The presence of mercury on board was quickly confirmed. All
221 manifested mercury flasks were located in cargo hold number 5 and
were recovered, but were found in badly deteriorated condition and were
nearly empty. Loose mercury was discovered throughout cargo hold number
5, and approximately 1,230 pounds were recovered. Nearly 2,200 pounds
of mercury-contaminated debris and cargo residue were also recovered.
Extensive sampling and analysis was conducted throughout the
operation. Samples included bottom sediments in the vicinity of the
stern section of the wreck and various species of fish and shellfish
from the area around the vessel. From within cargo hold number 5,
samples of the sediment, scrapings off the cargo, and fish and
shellfish were taken.
In October, 1993, the operation was suspended due to deteriorating
weather conditions. At that time, an estimated 16,000 pounds of mercury
remained unaccounted for and is believed to be spread throughout the
cargo residue of cargo hold number 5.
In February, 1994, the RRT was reconvened by the COTP to consider
the results of the sample analyses and to determine the best course of
action. The sample analysis results showed that concentrations of
mercury were elevated inside cargo hold number 5, but
[[Page 56969]]
dropped off quickly to background levels in the bottom sediments
outside the hold. No contamination of fish or shellfish was identified
with the exception of those specimens collected from within cargo hold
number 5. The key issue then became the long term fate of mercury in a
marine environment. The RRT decided to submit the sample results to
NOAA and an independent scientist with a request for an analysis of the
available data and scientific literature and to develop a forecast of
the long term behavior of the mercury on site.
In August, 1994, a commercial salvage company that had remained
prohibited from conducting salvage operations by the Captain of the
Port Order, submitted to the COTP a request to lift the order. The
company also submitted a proposal to conduct salvage operations on the
wreck of the M/V EMPIRE KNIGHT.
In September, 1994, the RRT was again reconvened to consider the
reports submitted by NOAA and the independent scientist.
While the reports differed in details, they concurred in concluding
that the site was currently stable and that the mercury did not pose a
substantial threat to the environment. Both reports were written,
however, under the presumption that the wreck of the M/V EMPIRE KNIGHT
would remain essentially undisturbed with the exception of its gradual
decomposition from natural forces. Both reports further agreed that the
probability of a catastrophic release of mercury to the environment as
a result of activity on or near the M/V EMPIRE KNIGHT was low. The RRT
reached the conclusion that the wreck of the M/V EMPIRE KNIGHT did not
meet the condition of ``imminent and substantial'' threat under CERCLA
and that additional emergency response operations would not be
conducted. The RRT further agreed to develop a plan for long-term
monitoring of the site with the intent of detecting any changing
conditions.
In August, 1995, the RRT reconvened to discuss the issue of
allowing any type of activity on or near the wreck of the M/V EMPIRE
KNIGHT. Consensus was reached that all information currently before the
RRT indicated that the predictable risk of activity on the wreck
resulting in mercury contamination of the environment was low. It was
further agreed that, although the risk of a release was low, the
foreseeable consequences of that release could be devastating to the
local environment, the public health, and the economy of the region's
fisheries. The unanimous recommendation of the RRT was to prohibit any
activity on or near the stern section of the wreck of the M/V EMPIRE
KNIGHT. This safety zone is being proposed as a result of that meeting.
Discussion of Proposed Amendments
This Safety Zone is proposed to protect the environment, the local
economy, and the public health and welfare from the possible adverse
consequences associated with the voluminous mercury cargo that remains
on board the M/V EMPIRE KNIGHT. The United States Coast Guard, in
consultation with the Incident Specific Regional Response Team, has
determined that, although the current level of threat from the mercury
cargo is low, any disturbance of the wreck site, whether intentional or
unintentional, poses an unacceptable risk to the environment and to
human health. The safety zone will prohibit all vessels and persons
from anchoring, diving, dredging, dumping, fishing, trawling, laying
cable, or conducting salvage operations within 1000 yards of the stern
portion of the wreck of the M/V EMPIRE KNIGHT from the water's surface
to the seabed floor except as authorized by the Captain of the Port,
Portland, Maine.
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 FR 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 10(e) of the regulatory policies and procedures of DOT is
unnecessary. This conclusion is based on the fact that the proposal has
no significant effect on shipping, and its impact on fishing is minimal
as it removes a small portion (less than one square mile) of the
available fishing grounds from active fishing.
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 reasons set forth in the above Regulatory
Evaluation, the Coast Guard certifies under 5 U.S.C. 605(b) that this
proposal, if adopted, will not have a significant impact on a
substantial number of small entities.
Collection of Information
This proposal 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 proposal in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this proposal does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2.(e) of the Coast
Guard's procedures for implementing the National Environmental Policy
Act (Commandant Instruction M16474.1B), this action is categorically
excluded from further environmental documentation. A Categorical
Exclusion Determination will be made available in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR Part 165 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. Section 165.141 is added to read as follows:
Sec. 165.141 Safety Zone; Sunken vessel M/V EMPIRE KNIGHT, Boon
Island, ME.
(a) Location. The following area is a safety zone: All waters of
the Atlantic Ocean within 1,000 yards of the stern section of the
sunken vessel EMPIRE KNIGHT, in approximate position 43 deg.06'19'' N,
70 deg.27'09'' W, and extending from the water's surface to the seabed
floor. (Datum: NAD 83)
(b) Regulations. In accordance with the general regulations
governing safety zones contained in Sec. 165.23, all vessels
[[Page 56970]]
and persons are prohibited from anchoring, diving, dredging, dumping,
fishing, trawling, laying cable, or conducting salvage operations in
this zone except as authorized by the Captain of the Port, Portland,
Maine. Innocent transit through the area within the safety zone is not
affected by this section and does not require the authorization of the
Captain of the Port.
Dated: September 15, 1995.
Burton S. Russell,
Commander, U.S. Coast Guard, Captain of the Port, Portland, Maine.
[FR Doc. 95-27866 Filed 11-9-95; 8:45 am]
BILLING CODE 4910-14-M
