[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Rules and Regulations]
[Pages 46276-46277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22056]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01 99-145]
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 operations. 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 
operations, the maritime community from hazards associated with ongoing 
oil pollution abatement and salvage operations, 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 12 midnight on Saturday, 
July 31, 1999, until 12 midnight on Tuesday, August 31, 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, a notice of proposed rulemaking (NPRM) 
was not published for this regulation and good cause exists for making 
it effective less than 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 
Buzzards Bay to protect personnel and their resources on-scene during 
oil pollution abatement and the salvage operations, the maritime 
community from hazards associated with ongoing oil pollution abatement 
and salvage operations, 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 established 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 operations. 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. This safety zone is needed 
to protect personnel and their resources on-scene during oil pollution 
abatement and salvage operations, the maritime community from hazards 
associated with ongoing oil pollution abatement and salvage operations, 
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 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 regulation 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 
regulation will not be significant as all vessel traffic may safety 
pass around this safety zone and 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 proposal will have a significant 
economic impact on a substantial number of small

[[Page 46277]]

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 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 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.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the 
Coast Guard must consider whether this 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 entities will be 
effected by this rule, so this rule will not result in annual or 
aggregate cost 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 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. 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 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 
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(g), 6.04-
1, 6.04-6, 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T01-145 to read as follows:


Sec. 165.T01-145  Safety Zone: Salvage of Sunken Fishing Vessel CAPE 
FEAR, Buzzards Bay, MA.

    (a) Location. The following area has been declared a safety zone: 
All waters within five hundred (500) yard radius of the site of the 
sunken fishing vessel CAPE FEAR (O.N. D655634) in the entrance to 
Buzzards Bay at approximate position 41 deg.-23'N, 071 deg.-01'W during 
oil pollution abatement and salvage operations. 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 is towed into and safety moored in the port of 
Fairhaven, MA.
    (b) Effective date. This section is effective from 12:00 midnight 
on Saturday, July 31, 1999, until 12:00 midnight on Tuesday, August 31, 
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 Sec. 165.23 of 
this part apply.

    Dated: July 29, 1999.
Peter A. Popko,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 99-22056 Filed 8-24-99; 8:45 am]
BILLING CODE 4910-15-M