Ports and waterways safety: Narragansett Bay et al, RI; safety zone,
[Federal Register: November 17, 1999 (Volume 64, Number 221)]
[Rules and Regulations]
[Page 62586-62588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no99-11]
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
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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.
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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:
-
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.
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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. 99-30000Filed11-16-99; 8:45 am]
BILLING CODE 4910-15-U
