[Federal Register Volume 65, Number 141 (Friday, July 21, 2000)]
[Rules and Regulations]
[Pages 45290-45291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18557]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-187]
RIN 2115-AA97


Safety Zone: Oil Spill Cleanup Zone, Middletown, Rhode Island

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone in the waters of 
Narragansett Bay shoreward of the area marked by a high flyer (flagged 
metal pole) at the westernmost end of Midway Pier in Portsmouth; 
southwest to a high flyer 250 yards west of McAllister Point; south to 
a high flyer at the first bend in the Coddington Cove Breakwater. The 
safety zone is needed to safeguard the public and pollution response 
personnel during oil cleanup operations. Entry into this zone is 
prohibited unless authorized by the Captain of the Port, Providence, 
Rhode Island.

EFFECTIVE DATES: This rule is effective from 3 p.m., Wednesday July 12, 
2000, until 6 p.m. on Monday July 31, 2000.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Providence, 20 Risho Avenue, East Providence, Rhode Island 
02914. The Prevention Department maintains the public docket for this 
rulemaking.
    Comments and related material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at Marine Safety Office Providence between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR James McLaughlin 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 the cleanup 
operations being conducted after the spill of No. 6 oil from the barge 
Penn 460. The safety zone is needed to safeguard the public, and 
cleanup personnel, from the hazards associated with cleanup vessels and 
beach response personnel operating in the area. 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 to protect the public and response personnel.

Background and Purpose

    Barge Penn 460 experienced an oil spill of approximately 14,000 
gallons of No. 6 oil on July 5, 2000. Due to heavy recreational traffic 
in vicinity of the spill, a safety zone is needed to ensure the safety 
of recreational traffic and response vessels and personnel. The 
exclusion of recreational traffic will minimize the risk of wake damage 
to response vessels and personnel, and will eliminate the risk of 
collision. Entry into this safety zone is prohibited unless authorized 
by the Captain of the Port (COTP), Providence, RI. A safety zone 
[CGD01-00-250] was previously established on Friday July 7, 2000, for 
this same event. This previous safety zone prohibited entry into the 
waters of Narragansett Bay within 500 yards of the shoreline from the 
base of the Coddington Cove, Middletown, Rhode Island, breakwater to 
the waterside end of the pier located 2,500 yards Northeast of 
Coddington Cove. However, the

[[Page 45291]]

Rhode Island Department of Health and Department of Environmental 
Management reopened a significant portion of the area to commercial 
fishing at 12:00 p.m. on July 12, 2000. This new safety zone prohibits 
entry into the area which remains closed to commercial fishing.

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 prevents traffic from transiting in the immediate area 
of cleanup operations. This regulation will not be significant as all 
vessel traffic may safely pass around this safety zone, no commercial 
entities are located within the zone, a State of Rhode Island fisheries 
closure is in effect in this 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 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.
    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 section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. Small businesses 
may send comments on the actions of Federal employees who enforce, or 
otherwise determine compliance with Federal regulations to the Small 
Business and Agriculture Regulatory Enforcement Ombudsman and the 
Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
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 of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this action under E.O. 13132 and have determined 
that this rule does not have 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 direct 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 temporary rule would 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.

Civil Justice Reform

    This temporary 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

    We have analyzed this temporary 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 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 ``Categorical 
Exclusion Determination'' will be available in the docket for 
inspection or copying where indicated under ADDRESSES.

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:

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 Sec. 165.T01-187 to read as follows:


Sec. 165.T01-187  Safety Zone: Oil Spill Cleanup Zone, Middletown, 
Rhode Island.

    (a) Location. All waters in Narragansett Bay shoreward of the area 
marked by a high flyer (flagged metal pole) at the westernmost end of 
Midway Pier in Portsmouth, RI; southwest to a high flyer 250 yards west 
of McAllister Point; south to a high flyer at the first bend in the 
Coddington Cove.
    (b) Effective Period. This section is effective from 3 p.m. on 
Wednesday July 12, 2000, until 6 p.m. on Monday July 31, 2000.
    (c) Regulations. (1) The general regulations governing safety zones 
contained in 33 CFR 165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene U.S. 
Coast Guard patrol personnel. The personnel comprise commissioned, 
warrant, and petty officers of the U.S. Coast Guard. Upon being hailed 
by a U.S. Coast Guard vessel by siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

    Dated: July 12, 2000.
Peter A. Popko,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 00-18557 Filed 7-20-00; 8:45 am]
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