[Federal Register Volume 64, Number 36 (Wednesday, February 24, 1999)]
[Rules and Regulations]
[Pages 9066-9067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4592]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01 99-008]
Safety Zone: Sunken Fishing Vessel CAPE FEAR, Buzzards Bay
Entrance
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: This Safety Zone is an extension of the original Safety Zone
around the sunken fishing vessel CAPE FEAR published in the Federal
Register on January 27, 1999. The Coast Guard has established a safety
zone within a 500-yard radius of the site of the sunken fishing vessel
CAPE FEAR in the entrance to Buzzards Bay at approximate position
41 deg.23' North and 71 deg.01' West. This safety zone is needed to
protect the maritime community from possible hazards associated with
the sunken vessel, ongoing oil-pollution response, and the exposed-
location salvage. Entry into this zone is prohibited unless authorized
by the Captain of the Port (COTP), Providence, RI.
EFFECTIVE DATES: This rule is effective from 12 midnight Friday,
February 12, 1999, until the last minute of 12 midnight Wednesday,
March 31, 1999.
FOR FURTHER INFORMATION CONTACT:
CWO Payne, Waterways Management, Coast Guard Marine Safety Office,
Providence, RI, at (401) 435-2300.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, no notice of proposed rulemaking (NPRM)
was published for this regulation, and good cause exists for making it
effective less than 30 days after Federal Register publication. Because
conclusive information for this emergency was received so late, there
was insufficient time to draft and publish an NPRM. Any delay
encountered in this regulation's effective date would be contrary to
public interest since immediate action is needed to close a portion of
the entrance to Buzzards Bay to protect the maritime public from the
hazards associated with the sunken vessel, ongoing oil-pollution
response, and the exposed-location salvage.
Background and Purpose
This regulation extends the safety zone in all the waters within a
500-yard radius of the site of the sunken fishing vessel CAPE FEAR
(O.N. D655734) in the entrance to Buzzards Bay in approximate position
41 deg.23' N and 71 deg.01' W. The safety zone is needed to protect
vessels from the hazards associated with the sunken vessel, ongoing
oil-pollution response, and the exposed-location salvage. No vessel may
enter the safety zone without permission of the Captain of the Port,
Providence, RI.
Regulatory Evaluation
This regulation 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
[[Page 9067]]
order. It has not been reviewed 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 its economic impact to be
so minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary. Costs to the
shipping industry from it, if any, will be minor and have no
significant adverse financial effect on vessel operators. In addition,
because of the limited number of vessels affected, the Coast Guard
expects the economic impact of this regulation to be so minimal that a
Regulatory Evaluation is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For the reasons addressed in the Regulatory Evaluation, the Coast
Guard certifies under section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) that this regulation will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This regulation contains no collection-of-information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed regulations in accordance with the
principles and criteria contained in Executive Order 12612, and has
determined that it does not raise sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that under Figure 2-1, paragraph 34(g), of
Commandant Instruction M16475.1C, this regulation 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.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 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. Add temporary section 165.T01-008 to read as follows:
Sec. 165.T01-008 Safety Zone: Sunken Fishing Vessel CAPE FEAR,
Buzzards Bay Entrance.
(a) Location. The following area has been declared a safety zone.
All waters within a 500-yard radius of the site of the sunken fishing
vessel CAPE FEAR (O.N. D655734), in the entrance to Buzzards Bay in
approximate position 41 deg.-23' North and 71 deg.-01' West.
(b) Effective date: This rule is effective from 12 midnight Friday,
February 12, 1999, until 12 midnight Wednesday, March 31, 1999.
(b) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into or movement within this zone is prohibited unless
authorized by the COTP Providence.
(2) All persons and vessels shall comply with the instructions of
the COTP or the designated on-scene patrol personnel of the U.S. Coast
Guard. These comprise commissioned, warrant, and petty officers of the
U.S. Coast Guard.
(3) The general regulations covering safety zones in Sec. 165.23 of
this part apply.
Dated: February 8, 1999.
Peter A. Popko,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 99-4592 Filed 2-23-99; 8:45 am]
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