[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