[Federal Register: October 23, 2007 (Volume 72, Number 204)]
[Rules and Regulations]
[Page 59944-59947]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc07-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. CGD01-07-145]
RIN 1625-AA00
Safety Zone: Army Corps of Engineers Blasting and Dredging
Operation, Boston Harbor, Boston, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety zones in
Boston Harbor, Boston, Massachusetts, for the Army Corps of Engineers
(ACOE) blasting and dredging operation, to include the underwater
blasting locations and the vessel transporting blasting material to and
from the work sites, between October 5, 2007 and December 31, 2007. The
zone temporarily closes all navigable waters of Boston Harbor within a
four hundred (400) yard radius of the four underwater demolition sites
located at approximate positions 42[deg]20'05.5'' N, 070[deg]59'53.9''
W, east-southeast of Castle Island; 42[deg]20'19.0'' N,
070[deg]58'46.5'' W, President Roads Anchorage; 42[deg]21'15.80'' N,
070[deg]55'51.95'' W, North Channel; 42[deg]22'03.70'' N,
070[deg]55'18.83'' W, North Channel, while blasting operations are
occurring and a moving
[[Page 59945]]
safety zone of one hundred yards around the M/V EMILY ROSE. The
operations will only occur during daylight hours. The safety zone is
necessary to protect the maritime public from the potential hazards
posed by the blasting and dredging. Entry into this zone is prohibited
during the closure period unless authorized by the Captain of the Port
Boston, Massachusetts.
DATES: This rule is effective from 12:01 a.m. on October 5, 2007 until
11:59 p.m. on December 31, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-07-145 and are available for
inspection or copying at Sector Boston, 427 Commercial Street, Boston,
MA, between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Chief Eldridge McFadden, Sector
Boston, Waterways Management Division, at (617) 223-5160.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. A notice and comment period
was not held for this rulemaking because the logistics with respect to
the blasting and dredging were not determined with sufficient time to
draft and publish an NPRM. Delaying the necessary blasting operations
to accommodate a notice and comment period would be contrary to the
public interest.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register as immediate action is needed to
protect vessels transiting the area from the hazards associated with
underwater blasting and rock removal operations. Any delay encountered
in this regulation's effective date would be contrary to the public
interest since immediate action is necessary to protect persons,
facilities, vessels and others in the maritime community from the
safety hazards associated with the handling, detonation, and
transportation of explosives.
Background and Purpose
The Army Corps of Engineers is conducting a project to deepen
Boston Harbor. Within the shipping channels there are several rock
formations which are impeding the progress of the work. The Army Corps
has contracted RDA Construction to perform the associated blasting and
dredging to remove the rock. The explosives will be transferred to and
from the blasting sites aboard the M/V EMILY ROSE. In order to protect
the maritime public from the hazards associated with the loading,
detonation, and transportation of explosives in and around the blasting
areas, the Coast Guard is establishing safety zones around each of the
four blasting sites and a moving safety zone around the vessel EMILY
ROSE as it transits from the loading point on the Fore River in Quincy,
Massachusetts to the blasting sites and back. Entry into these zones
will be prohibited unless authorized by the Captain of the Port.
Discussion of Rule
This rule establishes temporary safety zones on the navigable
waters of Boston Harbor within a four hundred (400) yard radius of the
various rock sites located in Boston Harbor at approximate positions
42[deg]20'05.5'' N, 070[deg]59'53.9'' W, east-southeast of Castle
Island; 42[deg]20'19.0'' N, 070[deg]58'46.5'' W, President Roads
Anchorage; 42[deg]21'15.80'' N, 070[deg]55'51.95'' W, North Channel;
and, 42[deg]22'03.70'' N, 070[deg]55'18.83'' W, North Channel while
blasting and dredging is occurring. This regulation also establishes a
moving safety zone on all navigable waters of the Fore River and Boston
Harbor in a 100 yard radius around the M/V EMILY ROSE as it loads and
unloads explosives and transits from the Fore River to the four
demolition areas and from the demolition areas back to the Fore River
shipyard. The explosives loading will occur at the Fore River shipyard
wet dock in Quincy, Massachusetts. The explosives will be transported
via vessel to the construction barges at the above noted positions
where the blasting and dredging is occurring.
This rule is effective from 12:01 a.m. EDT on October 5, 2007 until
11:59 p.m. EST on December 31, 2007. Although the safety zone will be
in effect for twelve weeks, it will only be enforced during actual
transit and blasting times. Blasting will only occur during daylight
hours.
Marine traffic may transit safely outside of the zone during the
enforcement period. Public notifications will be made prior to and
during the enforcement period via safety marine information broadcasts
and the event will be published in the Local Notice to Mariners. During
the enforcement periods, entry into those zones by any vessel is
prohibited unless specifically authorized by the Captain of the Port,
Boston.
Given the limited time-frame of the enforcement period of the zone,
the small safety zone size and the short duration of the blasting
events, the Captain of the Port does not anticipate any negative impact
on vessel traffic due to this event. Blasting operations are only to
occur during daylight, specifically between the hours of 6 a.m. and 4
p.m. The moving safety zone around the EMILY ROSE will be enforced only
during the loading, unloading and transit of explosives to the site and
from the site back to shore with any unused explosives. Portions of the
safety zones around the perimeter of the blasting work are located
within the channel and may peripherally affect vessels transiting in or
out of the port. However, the zone around the blasting worksite will be
enforced only during the actual blasting times thus minimizing any
adverse impact. Public notifications will be made during the entire
effective period of this safety zone via marine information broadcasts
and through local notice to mariners.
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 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.
The Coast Guard expects the economic impact of this rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
rule will prevent traffic from transiting a portion of Boston Harbor
during the blasting and dredging operations, the effect of this rule
will not be significant for several reasons: vessels, although excluded
from the zone, will have sufficient navigable water to safely maneuver
in all other waters of Boston Harbor surrounding the zone when blasting
is occurring; and, when blasting operations are not occurring the zones
will not be enforced thus allowing vessels to move within the areas
designated by this rule; also, advance notifications will be made to
the local maritime community by marine information broadcasts and Local
Notice to Mariners allowing mariners to plan voyages accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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
[[Page 59946]]
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 Boston Harbor during the effective
period of this safety zone. For the reasons outlined in the Regulatory
Evaluation section above, this safety zone 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 rule so that they
can better evaluate its effects on them and participate in the
rulemaking process. If this rule will affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please call Chief
Eldridge McFadden, Sector Boston, Waterways Management Division, at
(617) 223-5160.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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
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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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
We have 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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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
systems 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 rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide 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. This rule fits the category selected from paragraph
(34)(g), as it establishes a safety zone. A final ``Environmental
Analysis Check List'' and a final ``Categorical Exclusion
Determination'' will be available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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
0
1. The authority citation for part 165 continues to read as follows:
[[Page 59947]]
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 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.
0
2. Add temporary Sec. 165.T01-145 to read as follows:
Sec. 165.T-01-145 Safety Zone: Army Corps Underwater Rock Demolition,
Boston Harbor, Boston, MA.
(a) Location. The following areas are safety zones: (1) All
navigable waters of the Fore River and Boston Harbor, from surface to
bottom, within a four hundred (400) yard radius around the blasting and
dredging sites located in Boston Harbor at approximate positions:
42[deg]20'05.5'' N, 070[deg]59'53.9'' W, east-southeast of Castle
Island; 42[deg]20'19.0'' N, 070[deg]58'46.5'' W, President Roads
Anchorage; 42[deg]21'15.80'' N, 070[deg]55'51.95'' W, North Channel;
and 42[deg]22'03.70'' N, 070[deg]55'18.83'' W, North Channel, while
blasting operations are occurring. (2) All navigable waters within a
one hundred (100) yard radius of the motor vessel EMILY ROSE while it
is loading, transporting and unloading explosives.
(b) Effective Date. This rule is effective from 12:01 a.m. on
October 5, 2007 until 11:59 p.m. on December 31, 2007.
(c) Definitions. The following definition applies to this section:
Designated representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port,
Boston Harbor.
(d) Regulations. (1) The general regulations contained in 33 CFR
Sec. 165.23 apply.
(2) In accordance with the general regulations in section 165.23 of
this part, entry into or movement within this zone by any person or
vessel is prohibited unless authorized by the Captain of the Port
(COTP), Boston or the COTP's designated representative.
(3) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission by calling the Sector Boston Command Center at 617-
223-5761 or via VHF channel 16. Vessel operators given permission to
enter or operate in the safety zone must comply with all directions
given to them by the COTP or the COTP's designated representative.
(e) Enforcement period. This section will be enforced only during
daylight hours where blasting operations are being conducted and when
the vessel EMILY ROSE is loading, transporting or unloading explosives.
Dated: October 4, 2007.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. E7-20780 Filed 10-22-07; 8:45 am]
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