[Federal Register Volume 64, Number 17 (Wednesday, January 27, 1999)]
[Rules and Regulations]
[Pages 4052-4053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1881]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01 99-002]
RIN 2115-AA97


Safety Zone: Sunken Fishing Vessel Cape Fear, Buzzards Bay 
Entrance

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 (O.N. D655734) in the entrance to Buzzards Bay at approximate 
position 41-23 North and 71-01 West. This safety zone is needed to 
protect the maritime community from possible hazards associated with 
the sunken vessel, ongoing oil pollution response operations and the 
exposed location salvage operations. 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 o'clock, noon, on 
Tuesday, January 12, 1999 until 12 o'clock, midnight, on Friday, 
February 12, 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, a notice of proposed rulemaking (NPRM) 
was not published for this regulation and good cause exists for making 
it effective less then 30 days after Federal Register publication. Due 
to the date that conclusive information for this event was received 
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, on going oil pollution 
response and the exposed location salvage operation.

Background and Purpose

    This regulation establishes a safety zone in all the 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 in 
approximate position 41-23N and 71-01W. The safety zone is needed to 
protect vessels from the hazards associated with the sunken vessel, on 
going pollution response and the exposed location salvage operation. No 
vessel may enter the safety zone without permission of the Captain of 
the Port, Providence, RI.

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. 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).

[[Page 4053]]

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. Costs to the 
shipping industry from these regulations if any, will be minor and have 
no significant adverse financial effect on vessel operators. In 
addition, due to 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. 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'' 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.

Collection of Information

    This 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 action in accordance with the 
principles and criteria contained in Executive Order 12612, and has 
determined that these regulations do not raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of these 
regulations and concluded that under Figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1C, this final rule is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 165

    Habors, 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.T01-002 to read as follows:


Sec. 165.T01-002  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 five hundred (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 41-23 North and 71-01 West.
    (b) Effective date: This section is effective from 12 noon, on 
Tuesday, January 12, 1999 until 12 midnight, on Friday 12, 1999.
    (c) 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. 
U.S. Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the U.S. Coast guard.
    (3) The general regulations covering safety zones in section 165.23 
of this part apply.

    Dated: January 12. 1999.
Peter A. Popko,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 99-1881 Filed 1-26-99; 8:45 am]
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