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

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.

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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