[Federal Register: August 23, 2004 (Volume 69, Number 162)]
[Proposed Rules]
[Page 51785-51787]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au04-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-04-099]
RIN 2115-AA00
Safety Zone; Wiscasset, ME, Demolition of Maine Yankee Former
Containment Building
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
around the former Maine Yankee Nuclear Power Plant during the
demolition of the containment building. This safety zone is needed to
protect persons, facilities, vessels and others in the maritime
community from the safety hazards associated with the demolition of a
large building by controlled implosion. Entry into this safety zone
will be prohibited unless authorized by
[[Page 51786]]
the Captain of the Port, Portland, Maine during the specified closure
periods.
DATE: Comments and related material must reach the Coast Guard on or
before September 2, 2004.
ADDRESSES: You may mail comments and related material to Marine Safety
Office Portland, 27 Pearl Street, Portland, ME 04101. Marine Safety
Office Portland maintains the public docket for this rulemaking.
Comments and materials received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of the docket and will be available for inspection or
copying at Marine Safety Office Portland between the hours of 8 a.m.
EDT and 4 p.m. EDT, Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ensign J. B. Bleacher, Port Operations
Department, Marine Safety Office Portland at (207) 780-3251.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-04-
099), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Marine Safety Office Portland at
the address listed under ADDRESSES explaining why one may be
beneficial. If we determine that one would aid in this rulemaking, we
will hold one at a time and place announced by a separate notice in the
Federal Register.
Background and Purpose
On July 20, 2004 representatives of Maine Yankee Nuclear Power
Plant presented the Coast Guard with plans for the demolition of a
former containment building. Maine Yankee plans to use controlled
explosive charges to bring down the containment building. The tentative
date for this operation is the second week of September 2004 but may be
changed earlier or later, due to weather, winds, or other unforeseen
changes in project scheduling. This safety zone will remain in effect
approximately one hour before and one hour after the scheduled
demolition. Due to hazards associated with the demolition of a large
building, this temporary safety zone will be needed to ensure the
safety of the maritime community and workers involved with the project
during all portions of this evolution.
Start date for this project is scheduled for the second week of
September 2004, but is subject to change.
Discussion of Proposed Rule
This proposed rule would establish a safety zone in all navigable
waters 1000-feet around the former containment building at 321 Old
Ferry Road, Wiscasset, Maine, from a point located at Latitude 43[deg]
57' 00'' N, Longitude 069[deg] 41' 42'' W. This safety zone is needed
to protect persons, facilities, vessels and others in the maritime
community from the safety hazards associated with the demolition of a
large building by controlled implosion. The Captain of the Port,
Portland, Maine will notify the marine community when this zone will be
enforced using marine safety information broadcasts and on-scene
notifications by Coast Guard personnel and patrol vessels. The Captain
of the Port, Portland Maine, using marine safety information
broadcasts, or on-scene notifications, or both, also will notify the
marine community when this zone will not be enforced and when a general
permission to enter is granted.
Regulatory Evaluation
This proposed 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
Homeland Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation of the regulatory policies
and procedures of DHS is unnecessary. The effect of this proposed
regulation will not be significant for several reasons: there will be
impact on the navigational channel for only a minimal amount of time,
there will be ample space for vessels to navigate around the zone, and
broadcast notifications will be made to the maritime community advising
them of the boundaries of the zone before and during its effective
period.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule will not have a significant economic impact on a substantial
number of small entities. This proposed rule may affect the following
entities, some of which may be small entities: the owners or operators
of vessels intending to transit or anchor in these safety zones during
this demolition event. However, this proposed rule will not have a
significant economic impact on a substantial number of small entities
due to the minimal time that vessels will be restricted from the area,
there will be ample space for vessels to maneuver and navigate around
the zone, and advance notifications will be made to the local maritime
community by marine information broadcasts.
If you think your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 [Public Law 104-121], we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Ensign J.B. Bleacher, Marine
Safety Office Portland, at (207) 780-3251.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
[[Page 51787]]
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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
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, because it would 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 proposed 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
system practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation.
A draft ``Environmental Analysis Check List'' and a draft
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES. Comments on this section will be
considered before we make the final decision on whether the rule should
be categorically excluded from further environmental review.
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 proposes
to amend 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. 1226, 1231; 46 U.S.C. 701; 50 U.S.C. 191,
195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295,
116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
2. Add temporary Sec. 165.T01-099 to read as follows:
Sec. 165.T01-099 Safety Zone; Wiscasset, Maine, Demolition of Maine
Yankee former containment building.
(a) Location. The following area is a safety zone: All navigable
waters within 1000 feet around the former Maine Yankee containment
building from a point located at Latitude 43[deg]57'00'' N., Longitude
69[deg]41' 42'' W.
(b) Effective date. This section is effective from 12:01 a.m. EDT
on September 1, 2004, to 11:59 p.m. EDT on September 30, 2004.
(c) Regulations. (1) In accordance with the general regulations
contained in Sec. 165.23 of this part, entry into or movement within
this zone is prohibited unless authorized by the Captain of the Port
(COTP) Portland, Maine or his designated representative.
(2) All persons and vessels shall comply with the instructions of
the COTP, or the designated U.S. Coast Guard representative. Designated
U.S. Coast Guard representatives include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels.
Emergency response vessels are authorized to move within the zone, but
must abide by restrictions imposed by the COTP or his designated
representative. Upon being hailed by U.S. Coast Guard personnel or a
U.S. Coast Guard vessel, via siren, radio, flashing light, or other
means, those hailed shall proceed as directed.
(3) Entry or movement within this zone is prohibited unless
authorized by the Captain of the Port, Portland, Maine.
Dated: August 6, 2004.
Gregory D. Case,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port,
Portland, Maine.
[FR Doc. 04-19251 Filed 8-20-04; 8:45 am]
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