[Federal Register Volume 75, Number 85 (Tuesday, May 4, 2010)]
[Rules and Regulations]
[Pages 23589-23592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10316]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0290]
RIN 1625-AA00
Safety Zones; Blasting Operations and Movement of Explosives, St.
Marys River, Sault Sainte Marie, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing four temporary safety zones in
the vicinity of the downstream approach to the Sault Sainte Marie,
Michigan locks. All vessels are prohibited from transiting the zones to
ensure the safety of the maritime community during blasting and
dredging operations.
DATES: Effective Date: This rule is effective in the CFR from May 4,
2010 until 10 p.m. August 31, 2010. This rule is effective with actual
notice for purposes of enforcement beginning 5 a.m. April 23, 2010
through 10 p.m. August 31, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0290 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0290 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail BMC Gregory Ford, Facility Inspection
Division, U.S. Coast Guard Sector Sault Sainte Marie; telephone 906-
635-3222, e-mail [email protected]. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the publishing of an NPRM would be
contrary to public interest, since immediate action is needed to ensure
the public's safety during blasting and dredging operations. Delaying
the implementation of the safety zone would subject the public to the
hazards associated with blasting and dredging operations and the
movement of explosives for those operations. The danger posed by the
volume of marine traffic on the Saint Marys River makes safety zone
regulations necessary. For the safety concerns noted, it is in the
public interest to have these regulations in effect immediately and
without waiting for a comment period to run. The Coast Guard will issue
broadcast notice to mariners to advise vessel operators of navigational
restrictions. The regular presence of Coast Guard and
[[Page 23590]]
local law enforcement vessels will also provide actual notice to
mariners.
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 because to do otherwise, would be
contrary to the interest of the public by jeopardizing public safety
during blasting and dredging operations. Immediate action is necessary
to prevent possible loss of life and property.
Basis and Purpose
As part of the Sault Sainte Marie replacement lock downstream
approach channel deepening project, the Army Corps of Engineers must
blast and dredge portions of the Saint Marys River downstream of the
Sabin and Davis Locks. Due to the inherent dangers associated with
blasting and dredging operations, a temporary safety zone is necessary
to help ensure the safety of the maritime public operating near the
work site. The worst case potential explosive arc for the work site of
this project has been calculated to be approximately 975 feet. The
blasting and dredging operations also require the movement of
explosives via barge from Sault Sainte Marie, Michigan to the work
site. Due to the inherent dangers associated with the movement of
explosives, a safety zone is necessary to help ensure the safety of the
maritime public operating near the barge when explosives are being
loaded and while the barge is in transit with explosives onboard. The
worst case potential explosive arc for safety zone has been calculated
to be approximately 500 feet. The project is also required to comply
with applicable state laws and local ordinances.
Discussion of Rule
The Coast Guard is establishing four temporary safety zones. The
first temporary safety zone is a fixed zone on the western portion of
the area where the blasting and dredging operations will be taking
place. This temporary safety zone applies to the navigable waters
downstream of the Sabin and Davis Locks, Sault Sainte Marie, Michigan,
with east and west boundaries starting approximately 250 feet due east
of the center of the Sabin Lock downstream gate, to approximately 1,750
feet due east of the center of the Davis Lock downstream gate. The zone
is further bound by the southern pier face of the Northeast Pier, and
the northern pier face of the East Center Pier. It also applies to a
portion of the Army Corps of Engineers hydroelectric power plant
effluence, and waters surrounding the eastern tip of the Northeast
Pier. This portion of the zone extends west approximately 1,100 feet
from the tip of the Northeast Pier, and out to the north, approximately
150 feet. The zone is bound by the following coordinates:
46[deg]30'22.50'' N/084[deg]20'40.81'' W; 46[deg]30'22.50'' N/
084[deg]20'29.35'' W; 46[deg]30'20.16'' N/084[deg]20'25.29'' W;
46[deg]30'18.81'' N/084[deg]20'25.29'' W; 46[deg]30'18.66'' N/
084[deg]20'28.36'' W; 46[deg]30'12.90'' N/084[deg]20'28.36'' W;
46[deg]30'13.18'' N/084[deg]20'39.17'' W; 46[deg]30'15.27'' N/
084[deg]20'48.17'' W; 46[deg]30'15.45'' N/084[deg]20'51.00'' W;
46[deg]30'16.41'' N/084[deg]20'51.00'' W; 46[deg]30'16.98'' N/
084[deg]20'40.81'' W; (NAD 83). This zone will be enforced continually
from 5 a.m. April 23, 2010 through 10 p.m. August 31, 2010.
The second temporary safety zone is a fixed zone and applies to the
navigable waters within a radius of 1,100 feet centered on the test
blast location approximately 600 feet due east of the pier between the
Sabin and Davis locks, Sault Sainte Marie, Michigan at
46[deg]30'15.46'' N/084[deg]20'39.12'' W; (NAD 83). This zone will be
effective from 5 a.m. April 23, 2010 through 10 p.m. May 9, 2010. The
public will be notified of enforcement of this zone by Broadcast Notice
to Mariners in accordance with the procedures outlined in this
regulation.
The third temporary safety zone is a moving zone and applies to the
navigable waters within a radius of 500 feet from the barge ``M2'' at
any time the barge is involved in explosives loading operations or
while transiting with explosives on board. This zone will be effective
from 5 a.m. April 23, 2010 through 10 p.m. August 31, 2010. The public
will be notified of enforcement of this zone by Broadcast Notice to
Mariners in accordance with the procedures outlined in this regulation.
The fourth temporary safety zone is a fixed zone on the eastern
portion of the area where the blasting and dredging operations will be
taking place. This temporary safety zone applies to the navigable
waters downstream of the Sabin and Davis Locks, Sault Sainte Marie,
Michigan, with east and west boundaries starting approximately 1,750
feet due east of the center of the Davis Lock downstream gate, to
approximately 2,850 feet due east of the center of the Davis Lock
downstream gate. The zone is bound to the south by the northern pier
face of the East Center Pier. The northern boundary of the zone is
approximately 600 feet north of the East Center Pier. The area is bound
by the following coordinates: 46[deg]30'18.66'' N/84[deg]20'28.36'' W;
46[deg]30'19.36'' N/84[deg]20'14.23'' W; 46[deg]30'19.20'' N/
84[deg]20'13.87'' W; 46[deg]30'11.59'' N/84[deg]20'12.96'' W;
46[deg]30'11.78'' N/84[deg]20'19.53'' W; 46[deg]30'12.69'' N/
84[deg]20'19.68'' W; 46[deg]30'12.90'' N/84[deg]20'28.36'' W; (NAD 83).
This zone will be effective from 5 a.m. April 23, 2010 through 10 p.m.
August 31, 2010. The public will be notified of enforcement of this
zone by Broadcast Notice to Mariners in accordance with the procedures
outlined in this regulation.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
Although this regulation will restrict access to the areas, the
effect of the rule will not be significant because maritime traffic
will be minimally impacted. The water area near the primary work, which
is protected by the first temporary safety zone, is blocked on three
sides and receives very little vessel traffic. The remaining zones will
be enforced as required by blasting and dredging operations, which will
typically be only during times of reduced vessel traffic.
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 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.
The following entities may be affected by this rule, some of which
may be small entities: The owners or operators of vessels intending to
operate, transit, or anchor in portions of the Saint Marys River from
April 23, 2010 through
[[Page 23591]]
August 31, 2010. The safety zones will not have a significant impact on
a substantial number of small entities for the following reasons:
Access to most of the primary work zone, which is protected by the
first temporary safety zone, is blocked on three sides and receives
very little vessel traffic. The remaining zones will be enforced as
required by blasting and dredging operations, which will typically be
only during times of reduced vessel traffic. Plus, the Coast Guard will
make notifications via maritime advisories so mariners can adjust their
plans accordingly. Overall, the Coast Guard expects the economic impact
of this rule to be minimal traffic.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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 (adjusted for
inflation) 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 cause 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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, 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
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves regulations establishing safety
zones to protect the public from the dangers associated with blasting
and dredging operations. An environmental analysis checklist and a
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:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
[[Page 23592]]
0
2. Add Sec. 165.T09-0290 to read as follows:
Sec. 165.T09-0290 Safety Zones; Blasting Operations and Movement of
Explosives, St. Marys River, Sault Sainte Marie, MI.
(a) Location. The following areas are safety zones:
(1) All U.S. navigable waters downstream of the Sabin and Davis
Locks, Sault Sainte Marie, Michigan, with east and west boundaries
starting approximately 250 feet due east of the center of the Sabin
Lock downstream gate, to approximately 1,750 feet due east of the
center of the Davis Lock downstream gate. The zone is further bound by
the southern pier face of the Northeast Pier, and the northern pier
face of the East Center Pier. This zone also includes a portion of the
Army Corps of Engineers hydroelectric power plant effluence, and waters
surrounding the eastern tip of the Northeast Pier. This portion of the
zone extends west approximately 1,100 feet from the tip of the
Northeast Pier, and out to the north, approximately 150 feet. The zone
is bound by the following coordinates: 46[deg]30'22.50'' N/
084[deg]20'40.81'' W; 46[deg]30'22.50'' N/084[deg]20'29.35'' W;
46[deg]30'20.16'' N/084[deg]20'25.29'' W; 46[deg]30'18.81'' N/
084[deg]20'25.29'' W; 46[deg]30''18.66'' N/084[deg]20'28.36'' W;
46[deg]30'12.90'' N/084[deg]20'28.36'' W; 46[deg]30'13.18'' N/
084[deg]20'39.17'' W; 46[deg]30'15.27'' N/084[deg]20'48.17'' W;
46[deg]30'15.45'' N/084[deg]20'51.00'' W; 46[deg]30'16.41'' N/
084[deg]20'51.00'' W; 46[deg]30'16.98'' N/084[deg]20'40.81'' W; (NAD
83).
(2) All U.S. navigable waters within a radius of 1,100 feet
centered on the test blast location approximately 600 feet due east of
the pier between the Sabin and Davis locks, Sault Sainte Marie,
Michigan at 46[deg]30'15.46'' N/084[deg]20'39.12'' W; (NAD 83).
(3) All U.S. navigable waters within a radius of 500 feet from the
barge ``M2'' at any time the barge is involved in explosives loading
operations or while transiting with explosives on board.
(4) All U.S. navigable waters downstream of the Sabin and Davis
Locks, Sault Sainte Marie, Michigan, with east and west boundaries
starting approximately 1,750 feet due east of the center of the Davis
Lock downstream gate, to approximately 2,850 feet due east of the
center of the Davis Lock downstream gate. The zone is bound to the
south by the northern pier face of the East Center Pier. The northern
boundary of the zone is approximately 600 feet north of the East Center
Pier. The area is bound by the following coordinates: 46[deg]30'18.66''
N/84[deg]20'28.36'' W; 46[deg]30'19.36'' N/84[deg]20'14.23'' W;
46[deg]30'19.20'' N/84[deg]20'13.87'' W; 46[deg]30'11.59'' N/
84[deg]20'12.96'' W;
46[deg]30'11.78'' N/84[deg]20'19.53'' W; 46[deg]30'12.69'' N/
84[deg]20'19.68'' W;
46[deg]30'12.90'' N/84[deg]20'28.36'' W; (NAD 83).
(b) Effective period. This regulation is effective from 5 a.m.
April 23, 2010 through 10 p.m. August 31, 2010. The safety zones
established in paragraph (a) of this section will be enforced as
follows:
(1) The zone described in paragraph (a)(1) of this section will be
enforced continually from 5 a.m. April 23, 2010 through 10 p.m. August
31, 2010.
(2) The zone described paragraph (a)(2) of this section will be
intermittently enforced from 5 a.m. April 23, 2010 through 10 p.m. May
14, 2010.
(3) The zone described in paragraph (a)(3) of this section is
subject to enforcement from 5 a.m. April 23, 2010 through 10 p.m.
August 31, 2010, any time the barge ``M2'' is transiting with
explosives on board or involved in explosives loading operations.
(4) The zone described paragraph (a)(4) of this section will be
intermittently enforced from 5 a.m. April 23, 2010 through 10 p.m.
August 31, 2010.
(5) The Captain of the Port, Sector Sault Sainte Marie may suspend
at any time the enforcement of any safety zone established under this
section.
(6) The Captain of the Port, Sector Sault Sainte Marie, will notify
the public of the enforcement and suspension of enforcement of a safety
zone established by this section via any means that will provide as
much notice as possible to the public. These means might include some
or all of those listed in 33 CFR 165.7(a). The primary method of
notification, however, will be through Broadcast Notice to Mariners and
local Notice to Mariners.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within an enforced safety zone established by this section is
prohibited unless authorized by the Captain of the Port, Sector Sault
Sainte Marie, or his on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Sault Sainte Marie, or
his on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sector Sault Sainte Marie, is any Coast Guard commissioned, warrant or
petty officer who has been designated by the Captain of the Port,
Sector Sault Sainte Marie, to act on his behalf. The on-scene
representative of the Captain of the Port, Sector Sault Sainte Marie,
will be aboard either a Coast Guard or Coast Guard Auxiliary vessel.
(4) Vessel operators desiring to enter or operate within an
enforced safety zone shall contact the Captain of the Port, Sector
Sault Sainte Marie, or his on-scene representative to obtain permission
to do so. The Captain of the Port, Sector Sault Sainte Marie, or his
on-scene representative may be contacted 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 Captain of the Port,
Sector Sault Sainte Marie, or his on-scene representative.
Dated: April 20, 2010.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of the Port, Sector Sault Sainte
Marie.
[FR Doc. 2010-10316 Filed 5-3-10; 8:45 am]
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