[Federal Register Volume 65, Number 77 (Thursday, April 20, 2000)]
[Rules and Regulations]
[Pages 21142-21143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9840]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-120]
RIN 2115-AA97


Safety Zone: Sunken Vessel JESSICA ANN, Cape Elizabeth, ME

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone encompassing 
those waters of the Atlantic Ocean within 1,000 yards of the position 
43 deg.31'9" N, 070 deg.11'8" W and from the water's surface to the 
seabed floor. This rule is necessary to protect the environment from a 
diesel fuel spill which may occur from the disturbance of the sunken 
vessel F/V Jessica Ann, the commercial fishery, and the general public 
for the hazards associated with the recovery of diesel fuel from a 
sunken vessel.

EFFECTIVE DATE: This section is effective on April 4, 2000 until July 
1, 2000.

FOR FURTHER INFORMATION CONTACT: Lieutenant R. V. Timme, Chief of 
Response and Planning, Captain of the Port, Portland at (207) 780-3251.

SUPPLEMENTARY INFORMATION:  

Regulatory History

    As authorized by 5 U.S.C. 553, a notice of proposed rulemaking 
(NPRM) was not published for this regulation. Under 5 U.S.C 553(b)(B), 
the Coast Guard finds that good cause exists for not publishing an NPRM 
and for making this rule effective less that 30 days after publication 
in the Federal Register. Due to inclement weather conditions, recovery 
of the diesel fuel on board the F/V Jessica Ann must be postponed. Any 
delay in implementing this rule would be contrary to the public 
interest since immediate action is necessary to protect the environment 
from an oil spill which may occur from inadvertent or intentional 
disturbance of the wreckage prior to the time that the oil spill 
recovery operations are possible, and to protect the maritime public 
from the hazards associated with recovery operations.
    On February 20, 2000, The F/V Jessica Ann sunk in 136 feet of water 
in the Atlantic Ocean. It is estimated that approximately 10,000 
gallons of diesel fuel is on board the vessel. Clean Harbors, Inc. was 
hired for the clean up and recovery of fuel on board the F/V Jessica 
Ann. The fuel vents on the vessel were sealed to secure the leak. 
However, due to inclement weather, fuel recovery has been postponed 
until favorable weather conditions prevail. The safety zone will be 
effective on April 4, 2000 until July 1, 2000, Cape Elizabeth, Maine. 
This regulation establishes a safety zone encompassing those waters of 
the Atlantic Ocean within 1,000 yards of the position 43 deg.31'9" N, 
070 deg.11'8" and from the water's surface to the seabed floor. The 
safety zone will be cancelled following the recovery of the oil 
remaining on board. This rule is necessary to protect the environment, 
the commercial fishery, and the general public. Innocent transit 
through the area within the safety zone is not affected by this 
regulation and does not require the authorization of the Captain of the 
Port.

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 proposal to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This conclusion is based on the fact 
that the proposal has no significant effect on shipping, and its impact 
on fishing is minimal as it removes a small portion (less than one 
square mile) of the available fishing grounds from active fishing.

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 under the Regulatory Evaluation above, 
the Coast Guard expects the impact of this regulation to be minimal and 
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 substantial number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: The commercial fishing community intending to fish 
portions of Cape Elizabeth restricted by the safety zone.

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 rule under the principles and 
criteria contained in Executive Order 113132 and have determined that 
this rule does not have sufficient federalism implications for 
Federalism under that order.

Unfunded Mandates Reform Act

    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 government or the private sector to incur costs without 
the Federal government's having first provided the funds to pay those 
costs. This rule will not impose an Unfunded Mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

[[Page 21143]]

Civil Justice Reform

    This rule meets applicable standards in section 3(a) and 3(b)(2) of 
E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity and reduce burden.

Protection of Children

    The Coast Guard has analyzed this rule under E.O. 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

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 rule is categorically excluded 
from further environmental documentation. A Categorical Exclusion 
Determination and an Environmental Analysis Checklist is available in 
the docket for inspection or copying.

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:
    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, Sec. 165.T01-120, to read as follows:


Sec. 165.T01-120;  Sunken Vessel JESSICA ANN, Cape Elizabeth, ME.

    (a) Location: The following is a safety zone: encompassing those 
waters of the Atlantic Ocean within 1,000 yards of the position 
43 deg.31'9" N, 070 deg.11'8" of the F/V Jessica Ann and from the 
water's surface to the seabed floor, Cape Elizabeth, ME.
    (b) Effective date: April 4, 2000 until July 1, 2000.
    (c) Regulations: (1) The general regulations contained in 
Sec. 165.23 and the regulations specifically relating to safety zones 
in Sec. 165.20 of this part apply.
    (2) All vessels and persons are prohibited from anchoring, diving, 
dredging, dumping, fishing, trawling, laying cable, or conducting 
salvage operations in this zone except as authorized by the Coast Guard 
Captain of Port, Portland, Maine. Innocent transit through the area 
within the safety zone is not affected by this regulation and does not 
require the authorization of the Captain of the Port.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant and petty officers of the Coast Guard. Upon being hailed by a 
U.S. Coast Guard vessel via siren, radio, flashing light, or other 
means, the operator of the vessel shall proceed as directed.

    Dated: April 4, 2000.
J. E. Cameron,
Lieutenant Commander, U.S. Coast Guard Acting, Captain of the Port.
[FR Doc. 00-9840 Filed 4-19-00; 8:45 am]
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