[Federal Register Volume 64, Number 115 (Wednesday, June 16, 1999)]
[Rules and Regulations]
[Pages 32185-32187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15297]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01 99-078]
RIN 2115-AA97
Safety Zone: Salvage of Sunken Fishing Vessel CAPE FEAR, Buzzards
Bay, MA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone within a five-
hundred (500)-yard radius of the site of the sunken fishing vessel CAPE
FEAR in the entrance to Buzzards Bay, Massachusetts, during oil removal
and salvage. Once the vessel is salvaged and brought to the surface, a
temporary moving safety zone extending 1,000 yards ahead and astern,
and 500 yards on either side, is established around the fishing vessel
CAPE FEAR while it is towed into and safely moored in the port of
Fairhaven, MA. This safety zone is needed to protect personnel and
their resources on-scene during oil pollution abatement and salvage,
the maritime community from hazards associated with ongoing oil-
pollution abatement
[[Page 32186]]
and salvage, and any spectators or vessels in the vicinity, and to
ensure the safe transit and mooring of the fishing vessel CAPE FEAR as
it is towed into the port of Fairhaven, MA. Entry into this zone is
prohibited unless authorized by the Captain of the Port (COTP),
Providence RI.
EFFECTIVE DATE: This rule is effective from 6:00 a.m., Tuesday, June 8,
1999, until 11:59 p.m. on Wednesday, June 30, 1999.
FOR FURTHER INFORMATION CONTACT: LT David C. Barata, 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
of the date that conclusive information for this event was received,
there was insufficient time to draft and publish and 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
Buzzards Bay to protect personnel and their resources on-scene during
oil pollution abatement and the salvage, the maritime community from
hazards associated with ongoing oil-pollution abatement and salvage,
and any spectators or vessels in the vicinity, and to ensure the safe
transit and mooring of the fishing vessel CAPE FEAR as it is towed into
the port of Fairhaven, MA.
Background and Purpose
This regulation establishes a safety zone in all waters within a
five-hundred (500)-yard radius of the site of the sunken fishing vessel
CAPE FEAR (O.N. D655734) in the entrance to Buzzards Bay at approximate
position 41 deg.23' N, 071 deg.01' W during oil pollution abatement and
salvage. After the vessel is salvaged and brought to the surface, a
temporary moving safety zone will immediately be established on all
waters extending 1,000 yards ahead and astern, and 500 yards on either
side, of the fishing vessel CAPE FEAR until it is towed into and safely
moored in the port of Fairhaven, MA. This safety zone is needed to
protect personnel and their resources on-scene during oil-pollution
abatement and salvage, the maritime community from hazards associated
with ongoing oil-pollution abatement and salvage, and any spectators or
vessels in the vicinity, and to ensure the safe transit and mooring of
the fishing vessel CAPE FEAR as it is towed into the port of Fairhaven,
MA. The public will be made aware of the change from a stationary to a
moving safety zone through a Broadcast Notice to Mariners made from
U.S. Coast Guard Group Woods Hole. Entry into this zone is prohibited
unless authorized by the Captain of the Port (COTP), Providence, RI.
Regulatory Evaluation
This temporary final 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. 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 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. This safety zone involves a small area of Buzzards Bay.
Although this rule prevents traffic from transiting in the immediate
area of the salvage site and prevents vessels from transiting near the
fishing vessel CAPE FEAR as it is towed, the effect of this rule will
not be significant as all vessel traffic may safely pass around this
safety zone and as extensive maritime advisories will be made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this temporary final rule 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 above, the
Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not
have a significant economic impact on a substantial number of small
entities.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard
wants to assist small entities in understanding this temporary final
rule so that they can better evaluate its effects on them and
participate in the rulemaking. If your small business or organization
would be affected by this final rule and you have questions concerning
its provisions or options for compliance, please call LT D.C. Barata,
telephone (401) 435-2300.
The Ombudsman of Regulatory Enforcement for Small Business and
Agriculture and 10 Regional Fairness Boards were established to receive
comments from small businesses about enforcement by Federal agencies.
The Ombudsman will annually evaluate such enforcement and rate each
agency's responsiveness to small business. If you wish to comment on
enforcement by the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This temporary final 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 temporary final rule in
accordance with the principles and criteria contained in Executive
Order 12612, and has determined that this rule does not raise
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4 , the
Coast Guard must consider whether this temporary final rule will result
in an annual expenditure by state, local, and tribal governments, in
aggregate, of $100 million (adjusted annually for inflation). If so,
the Act requires that a reasonable number of regulatory alternatives be
considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected. No state, local, or tribal
government will be affected by this rule, so this rule will not result
in annual or aggregate costs of $100 million or more. Therefore, the
Coast Guard is exempt from any further regulatory requirements under
the Unfunded Mandates Act.
Environment
The Coast Guard has considered the environmental impact of this
temporary final rule and concluded that under Figure 2-1, paragraph
34(g) of Commandant Instruction M16475.1C, this final rule is
categorically excluded
[[Page 32187]]
from further environmental documentation. A written Categorical
Exclusion Determination is available in the docket for inspection or
copying where indicated under Addressee.
Other Executive Orders on the Regulatory Process
In addition to the statutes and Executive Orders already addressed
in this preamble, the Coast Guard considered the following executive
orders in developing this temporary final rule and reached the
following conclusions:
E.O. 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights. This final rule will not
effect a taking of private property or otherwise have taking of private
property or otherwise have taking implications under this Order.
E.O. 12875, Enhancing the Intergovernmental Partnership. This final
rule meets applicable standards in sections 3(a) and 3(b)(2) of this
Order to minimize litigation, eliminate ambiguity, and reduce burden.
E.O. 13405, Protection of Children from Environmental Health Risks
and Safety Risks. This final rule is not an economically significant
rule and does not concern an environmental risk to safety
disproportionately affecting children.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports 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. Section 165.100 is also
issued under the authority of Sec. 311, Pub. L. 105-383.
2. Add temporary section 165.T01-078 to read as follows:
Sec. 165.T01-079 Safety Zone: Salvage of Sunken Fishing Vessel CAPE
FEAR, Buzzards Bay, MA.
(a) Location. The following area constitutes a safety zone: All
waters within a five-hundred (500)-yard radius of the site of the
sunken fishing vessel CAPE FEAR (O.N. D655734) in the entrance to
Buzzards Bay at approximate position 41 deg.-23' N, 071 deg.-01' W
during oil-pollution abatement and salvage. After the vessel is
salvaged and brought to the surface, a temporary moving safety zone
will immediately be established on all waters extending 1,000 yards
ahead and astern, and 500 yards on either side, of the fishing vessel
CAPE FEAR until it is towed into and safety moored in the port of
Fairhaven, MA.
(b) Effective date: This rule is effective from 6:00 a.m. on
Tuesday, June 08, 1999, until 11:59 p.m. on Wednesday, June 30, 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 U.S. Coast Guard patrol personnel.
Among these personnel are 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: June 3, 1999.
Peter A. Popko,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 99-15297 Filed 6-15-99; 8:45 am]
BILLING CODE 4910-15-M
