[Federal Register Volume 67, Number 205 (Wednesday, October 23, 2002)]
[Rules and Regulations]
[Pages 65042-65043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26819]



[[Page 65042]]

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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-522]
RIN 2115-AA97


Safety Zone; M/V ROY A. JODREY Shipwreck, Wellesley Island, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of the St. Lawrence River around the shipwreck of the M/V ROY A. 
JODREY. This safety zone is necessary to ensure the safety of site 
workers, recreational divers and the general public from the hazards 
associated with a pollution cleanup operation being conducted on the M/
V ROY A. JODREY. This safety zone is intended to restrict vessels from 
anchoring, and unauthorized individuals from diving, on or around the 
shipwreck.

DATES: This rule is effective from 11 a.m. (local) on October 10, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD09-02-522 and are available for 
inspection or copying at U.S. Coast Guard Marine Safety Office Buffalo, 
1 Fuhrmann Blvd, Buffalo, New York 14203 between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Craig Wyatt, U.S. Coast 
Guard Marine Safety Office Buffalo, at (716) 843-9574.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) 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, under 5 U.S.C. 553(d)(3), 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. The Coast Guard just 
recently became aware of oil being released from the wreckage of the M/
V ROY A. JODREY. Further investigation indicates that oil is located in 
spaces throughout the vessel and that a recovery operation is necessary 
to ensure against future oil pollution.
    Publication of a notice of proposed rulemaking and delay of 
effective date would be contrary to the public interest because 
immediate action is necessary to prevent possible loss of life, injury, 
or damage to property. The safety zone will protect divers and 
individuals involved in the recovery process by creating an area free 
of vessels anchoring and unknown divers being in close proximity to 
recovery machinery. In addition, it will assist in protecting the 
integrity of the hull from possible damage due to vessels anchoring in 
the area or recreational divers inadvertently causing further discharge 
prior to the completion of the recovery operation. The recovery 
operation is planned to start immediately to prevent, as much as 
possible, future oil pollution.

Background and Purpose

    This safety zone is necessary to ensure the safety of divers and 
the general public from exposure to oil or hazardous materials both at 
the wreck and at downstream sites to which oil and hazardous material 
may be liberated by recreational diving activity or anchors of other 
vessels. The Captain of the Port Buffalo has authorized all vessels 
transiting through this area to pass through the safety zone, all 
vessels intending to stop and any divers intending on visiting the 
wreckage of the M/V ROY A. JODREY must request permission from the 
Captain of the Port Buffalo or his designated on-scene representative 
prior to entry.
    The safety zone will consist of all waters and adjacent shoreline 
of the St. Lawerence River encompassed by the arc of a circle with a 
150-yard radius with its center in approximate position 44[deg]19.55 N, 
075[deg]56.00 W. These coordinates are based upon North American Datum 
1983 (NAD 83). This location is in close vicinity to U.S. Coast Guard 
Station Alexandria Bay.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this 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 offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Marine Safety Office Buffalo 
(see ADDRESSES.)
    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 calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the

[[Page 65043]]

effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    The Coast Guard considered the environmental impact of this 
regulation and concluded that, under figure 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.1C, it is categorically excluded from 
further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subject in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting 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 Sec.  165.917 to read as follows:


Sec.  165.917  Safety Zone; M/V ROY A. JODREY, St. Lawrence River, 
Wellesley Island, New York.

    (a) Location. The following area is safety zone: all waters and 
adjacent shoreline encompassed by the arc of a circle with a 150-yard 
radius of the wreck of the M/V ROY A. JODREY, with its center in 
approximate position 44[deg]19.55 N, 075[deg]56.00 W (NAD 83).
    (b) Regulations.
    (1) The regulations in Sec.  165.23 apply to this section.
    (2) Except as provided in this section, no vessel or person may 
enter or remain in this safety zone without the permission of the 
Captain of the Port.
    (3) The Captain of the Port Buffalo has authorized all vessels to 
transit through the safety zone on the condition that they proceed 
directly through the zone without stopping.
    (4) Any vessel wanting to stop, fish, anchor or discharge divers 
inside the zone, or any divers wanting to visit the wreckage of the M/V 
ROY A. JODREY, must request permission from the Captain of the Port 
Buffalo or his designated on-scene representative prior to entry into 
the zone.

    Dated: October 10, 2002.
P.M. Gugg,
Commander, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 02-26819 Filed 10-22-02; 8:45 am]
BILLING CODE 4910-15-P