21142 Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Rules and Regulations

SUPPLEMENTARY INFORMATION: This

notice implements the permanent

special local regulation governing the

2000 Harvard-Yale Regatta. A portion of

the Thames River in New London,

Connecticut will be closed during the

effective period to all vessel traffic

except participants, official regatta

vessels, and patrol craft. The regulated

area is that area of the river between the

Penn Central drawbridge and Bartlett’s

Cove. Additional public notification

will be made via the First Coast Guard

District Local Notice to Mariners and

marine safety broadcasts. The full text of

this regulation is found in 33 CFR

100.101.

Dated: March 28, 2000.

G.N. Naccara,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District.

[FR Doc. 00–9935 Filed 4–19–00; 8:45 am]

BILLING CODE 4910–15–M

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.

SUMMARY: The Coast Guard is

establishing a safety zone encompassing

those waters of the Atlantic Ocean

within 1,000 yards of the position

43°31′9′′ N, 070°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°31′9′′ N, 070°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.

Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Rules and Regulations 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, § 165.T01–

120, to read as follows:

§ 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°31′9′′ N, 070°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 § 165.23 and

the regulations specifically relating to

safety zones in § 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]

BILLING CODE 4910–15–P