[Federal Register Volume 64, Number 221 (Wednesday, November 17, 1999)]
[Rules and Regulations]
[Pages 62586-62588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30000]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-99-185]
RIN 2115-AA97


Safety Zones: All Coast Guard and Navy Vessels Involved in 
Evidence Transport, Narragansett Bay, Davisville Depot, Davisville, 
Rhode Island

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a moving safety zone

[[Page 62587]]

within a five hundred (500) yard radius of the U.S. Coast Guard and 
U.S. Navy vessels carrying aircraft wreckage from Egypt Air Flight 990 
as they transit through Narragansett Bay, into Davisville Depot, 
Davisville, Rhode Island. The Coast Guard is establishing a second 
safety zone in all waters two thousand (2000) yards around the pier 
facility at Davisville Depot, Davisville, Rhode Island during off 
loading of aircraft wreckage.
    These safety zones are needed to protect personnel aboard the Coast 
Guard and Navy vessels from passing and spectator vessels that may 
hazard operations. Entry into this safety zone is prohibited unless 
authorized by the Captain of the Port (COTP), Providence, RI.

DATES: This rule is effective from 2 p.m., Monday, November 1, 1999, 
until 12 a.m., Tuesday December 1, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection and copying at Marine Safety Office Providence, 20 Risho 
Avenue, East Providence, Rhode Island between the hours of 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: CWO John W. Winter at Marine Safety 
Office Providence, (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. This 
temporary final rule establishes a safety zone around all Coast Guard 
and Navy vessels as they deliver the wreckage of the downed aircraft to 
Davisville Depot and establishes a safety zone around Pier 2 at 
Davisville Depot. Any delay encountered in this regulation's effective 
date would be contrary to public interest since immediate action is 
needed to close portions of Narragansett Bay and its approaches to 
protect personnel involved in transfer operations from passing and 
spectator vessels that may hazard those operations.

Background and Purpose

    This safety zone is needed to protect personnel transporting 
evidence from passing and spectator vessels that may hazard operations. 
Entry into these safety zones 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. The Office of Management and Budget has not reviewed it 
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 
10(e) of the regulatory policies and procedures of DOT is unnecessary. 
This safety zone involves areas of Narragansett Bay. Although this 
regulation prevents traffic from transiting in the transport route, the 
effect of this regulation will not be significant as all vessel traffic 
may safely pass around these safety zones 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 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 CWO John W. Winter, 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

    We have analyzed this temporary interim rule under E.O. 13132 and 
have determined that this rule does not have implications for 
federalism under that order.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local or tribal governments or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This temporary interim rule would not impose an unfunded 
mandate.

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 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.

[[Page 62588]]

    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.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:
    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 Sec. 165.T01-185 to read as follows:


Sec. 165.T01-185  Safety Zone: Evidence Transport, Narragansett Bay, 
Rhode Island.

    (a) Location. The following areas have been declared safety zones:
    (1) All waters within five hundred (500) yard radius of all Coast 
Guard and Navy vessels carrying aircraft wreckage as they transit 
Narragansett Bay and its approaches from the vessel's entry into U.S. 
territorial waters at 12 nautical miles until the vessels are moored at 
the piers at Davisville Depot, Davisville, Rhode Island.
    (2) All waters within 2000 yards of Pier 2 at Davisville Depot, 
Davisville, Rhode Island while Coast Guard and Navy vessels are 
preparing to offload or offloading aircraft wreckage.
    (b) Effective date. This rule is effective from 2 p.m. on Monday, 
November 1, 1999, until 12 a.m.,on Tuesday, December 1, 1999.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23, entry into or movement within these zones 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 
apply.

    Dated: November 1, 1999.
Peter A. Popko,
Captain, U. S. Coast Guard, Captain of the Port.
[FR Doc. 99-30000 Filed 11-16-99; 8:45 am]
BILLING CODE 4910-15-U