[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]


=======================================================================
-----------------------------------------------------------------------

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.

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

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]
BILLING CODE 4910-15-M