[Federal Register: December 9, 2002 (Volume 67, Number 236)]
[Rules and Regulations]
[Page 72840-72842]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de02-4]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-02-131]
RIN 2115-AA97
Safety and Security Zones; Drilling and Blasting Operations,
Hubline Project, Captain of the Port Boston, MA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing temporary safety and security
zones around the vessels Drillboat No. 8 and Lablift IV to be in effect
from November 18, 2002 to February 28, 2003. The safety and security
zones will help protect the public from the hazards of marine blasting
that will be conducted by these vessels in support of the Hubline Gas
Pipeline Project, which entails placing a 30-inch, 800-PSI natural gas
pipeline beneath the sea floor from Danvers, MA to Quincy, MA. These
zones are in effect only while explosives are on board the vessels and
closes all waters 600 yards around the Drillboat No. 8 and Lablift IV 1
hour prior to, during, and one hour after all blasting operations and
400 yards around the Drillboat No. 8 and Lablift IV while they are
otherwise operating.
DATES: This rule is effective from 12 a.m. November 18, 2002 through
11:59 p.m. February 28, 2003. Comments must be received on or before
January 8, 2003.
ADDRESSES: Comments may be mailed to the Marine Safety Office Boston,
455 Commercial Street, Boston, MA 02109. All comments and those
documents indicated in this preamble are available for inspection or
copying at Marine Safety Office Boston, 455 Commercial Street, Boston,
MA 02109, between the hours of 8 a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Daniel Dugery,
Marine Safety Office Boston, Waterway Safety and Response Division, at
(617) 223-3000.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD01-02-131) and the specific section of
this document to which each comment applies, and give the reason for
each comment.
Please submit two copies of all comments and attachments in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes. The Coast Guard will consider all comments received during
the comment period. It may change this proposed rule in view of the
comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Marine Safety Office at the address
under ADDRESSES. The request should include the reasons why a hearing
would be beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Good cause exists for not
publishing a NPRM and for making this rule effective less than 30 days
after Federal Register publication because specific information
regarding the drilling and blasting was not provided to the Coast Guard
by the Hubline Project until November 6, 2002, making the proposed rule
too vague to solicit comments, thus impossible to draft or publish a
NPRM or a final rule 30 days in advance of its effective date. The rule
is effective immediately as any delay encountered in this regulation's
effective date would be contrary to public interest since immediate
action is needed to protect the public from the hazards of marine
blasting and to protect the vessels Drillboat No. 8 and Lablift IV,
which will be carrying explosives used in this operation, from possible
acts of terrorism or other sabotage.
The zones affect a small area of water only while the drill barges
are conducting drilling and blasting operations and while the vessels
are transiting with explosives (on-board) and when they are moored to
Conley Marine terminal in order to load and discharge explosives.
Background and Purpose
As part of the Hubline Pipeline Project that will be placing a 30-
inch, 800-PSI natural gas pipeline beneath the sea floor between Salem
Sound and Quincy Bay, MA, several locations along this planned route
have areas of bedrock that need to be removed to ensure the placement
of the pipeline at a specific depth. Algonquin Pipeline and Great Lakes
Dredge and Dock Company approached the Coast Guard to establish a
safety and security zone around the Drillboat No. 8 and Lablift IV to
protect the public and the drill vessels themselves. After meeting with
all parties involved, the Captain of the Port is placing these safety
and security zones around the above listed vessels to protect them from
potential acts of terrorism and to protect the marine public from the
hazards associated with marine blasting. This rule establishes safety
and security zones on the waters surrounding the Drillboat No. 8 and
Lablift IV. The zones extend 600 yards around the vessels one hour
prior to and after blasting operations and 400 yards while the barge is
otherwise operating. Blasting operations will take place at various
locations and at various times along the track line of the project. A
local notice to mariners and safety marine information broadcast will
identify the time and location of the blasting and whether the zones
are in effect. These zones are in effect only while there are
explosives on board the vessels.
The safety and security zone around each vessel is in effect from
November 18, 2002 through February 28, 2003. Marine traffic may safely
transit outside of the safety and security zone in Broad Sound during
the effective period and while the vessel in transiting to and from
Conley Marine Terminal. The Captain of the Port will allow access as
necessary through the zones where the zones impinge on navigation
channels within other blasting areas. Public notifications will be made
via safety marine information broadcasts, local notice to mariners,
notification of local pilots, and notification of parties in the areas
that the project will affect as operations proceed.
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
[[Page 72841]]
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, l979). The Coast Guard expects the
economic impact of this rule to be minimal enough that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary.
Although this rule prevents traffic from transiting into a portion
of the above mentioned waters, the effect of this rule will be minimal
for several reasons: Number of private vessels transiting the area is
significantly less in the winter months, vessels will only be
restricted from the safety and security zones during blasting
operations or when the Drillboat No. 8 and Lablift IV are moored at
Conley Marine Terminal, South Boston, MA. The majority of the track
line for the project is in open waters with large areas for vessels to
transit safely around the project. Advance notifications will be made
to the local maritime community by safety marine information
broadcasts, local notice to mariners, contact with local pilots, and
contact with affected parties.
For areas of restricted waterways such as inshore areas in Quincy
Bay, vessels may transit through the zones as necessary with Captain of
the Port approval, and vessels may safely transit outside of the safety
and security zones without restriction.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule would have a significant economic
impact on a substantial number of small entities. The Coast Guard and
Hubline project contractors have been in contact with local maritime
concerns and are coordinating activities with entities such as commuter
boats and fishing associations to minimize any impact the project may
have on them. 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. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the above mentioned waters while the
zones are in effect. For reasons enumerated under the Regulatory
Evaluation section above this safety zone will not have significant
economic impact on small entities.
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
The Coast Guard analyzed this rule under Executive Order 13132,
Federalism, and has 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 does not impose an unfunded mandate.
Taking of Private Property
This rule does not effect 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
The Coast Guard 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
pose an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments. A rule with tribal implications has 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.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under figure 2-1, (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.T01-131:
Sec. 165.T01-131 Safety and Security Zones; Drilling and Blasting
Operations, Hubline Project, Captain of the Port Boston, Massachusetts.
(a) Location. The following areas are safety and security zones
surrounding the Drillboat No. 8 and Lablift IV while operating in
Danvers, MA, the Danvers River, Salem Sound, Broad Sound, Nantasket
Roads, Quincy Bay and Weymouth Fore River to Quincy, MA, Boston Harbor,
or any location the vessels may have to shelter in emergency
situations.
[[Page 72842]]
(1) 600 yards around the vessels Drillboat No. 8 and Lablift IV one
hour prior to, during, and one hour after all blasting operations;
(2) 400 yards around the Drillboat No. 8 and Lablift during
operations other than blasting and while moored at Conley Marine
Terminal, South Boston, MA for loading and unloading explosives.
(b) Periods of enforcement. The security and safety zones will be
enforced only when explosives are on board the Drillboat No. 8 and
Lablift IV or when loading and unloading operations are in progress.
(c) Effective date. This section is effective from 12 a.m. November
18, 2002 through 11:59 p.m. February 28, 2003.
(d) Regulations.
(1) The general regulations contained in 33 CFR 165.23 and 33 CFR
165.33 apply.
(2) All individuals and vessels shall comply with the instructions
of the COTP or the designated on-scene U.S. Coast Guard patrol
personnel. On-scene Coast Guard patrol personnel including
commissioned, warrant, and petty officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary, local, state, and federal law
enforcement vessels.
Dated: November 15, 2002.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-30928 Filed 12-6-02; 8:45 am]
BILLING CODE 4910-15-P