[Federal Register Volume 75, Number 119 (Tuesday, June 22, 2010)]
[Rules and Regulations]
[Pages 35299-35301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15006]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0519]
RIN 1625-AA00
Safety Zone; Ship Repair in Penobscot Bay, ME
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Stena Drilling and Cianbro companies will replace three
bow thrusters on the vessel STENA FORTH, a 748-foot drill ship, while
at anchor in Penobscot Bay, Maine. The nature of the repairs require
water depths of at least 120 feet in a sheltered environment,
precluding the use of anchorages and limiting alternative locations
along the East Coast where the repairs could be made. This temporary
safety zone is necessary to ensure the safety of the ship's crew and
the maritime public by prohibiting all unauthorized vessels and
waterway users from entering within a 100 yard radius around the STENA
FORTH while it is at anchor for repairs.
DATES: This rule is effective in the CFR on June 22, 2010 until 11:59
p.m. on July 5, 2010. This rule is effective with actual notice for
purposes of enforcement from 12:01 a.m. on June 15, 2010 until 11:59
p.m. on July 5, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0519 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0519 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 Lieutenant Junior Grade Laura van der
Pol, Waterways Management Division at Coast Guard Sector Northern New
England, telephone 207-741-5421, 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 an 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 publishing an NPRM is
impractical and contrary to public interest. The Coast Guard was only
recently made aware of the details of this repair, including the
proposed anchorage location and anticipated ship arrival date, which
were finalized just two weeks in advance. Thus, the Coast Guard did not
have sufficient time to issue an NPRM and hold a comment period for
this rulemaking. The expeditious implementation of this rule is in the
public interest because it will help to ensure the safety of those
involved in replacing three of the ship's thrusters. Additionally, the
safety zone will define the area impacted by the repair operations for
other waterway users who wish to operate in all other areas of the bay.
Finally, delaying the effective date by first publishing a NPRM and
holding a comment period would be contrary to the rule's objectives of
ensuring safety of life on the navigable waters while these repairs are
taking place, as immediate action is needed to protect persons and
vessels from the hazards associated with repair operations conducted on
an anchored vessel.
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. In addition to the reasons stated
above, any delay in the effective date of this regulation would be
contrary to the public interest as immediate action is necessary to
protect the maritime community from the hazards associated with the
repair operation. A delay or cancellation of the ship's repairs to
accommodate a 30-day waiting period would be contrary to public
interest as it would put lives of maritime community members at risk.
Basis and Purpose
Ship repairs are usually performed in a drydock, pier-side, or in
an established general anchorage, barring the need for public notice or
regulation as ships are typically well-removed from high-density
traffic areas. For this project however, the technical parameters for
replacing three bow thrusters on the 748-foot drill ship STENA FORTH
necessitate water depths in excess of 120 feet, depths which are not
available pier-side or in established anchorages along the East Coast.
This regulation will establish a temporary safety zone in a 100-yard
radius around the STENA FORTH while it is at anchor in Penobscot Bay to
make repairs.
For the duration of the repairs, the following vessels will be in
use within the safety zone surrounding the STENA FORTH: A crane barge,
a barge to offload wastewater, two tug boats, one harbor skiff, and a
safety dive-boat. Due to the location, heavy machinery involved,
frequent dive operations, and nature of the work, the Coast Guard has
determined that the ship repairs could pose a risk to waterway users
and the repair crews if waterway use around the STENA FORTH is not
restricted. Possible hazards include the risk of diver injury or death
from near or actual contact with vessels traversing through the safety
zone; the risk of injury to waterway users and repair crewmembers
resulting from interference with the sensitive, heavy equipment
operations; and damage or loss of fishing gear anchored within the
safety zone. In order to protect the safety of all waterway users,
including repair crews, this temporary rule establishes a safety zone
for the duration of the repair work in the area immediately around the
STENA FORTH as described in the List of Subjects.
This rule prevents vessels and persons from entering, transiting,
mooring or anchoring within the area specifically designated as a
safety zone during the period of enforcement unless authorized by the
Captain of the Port, his designated representative, or on-scene patrol
personnel. On-scene patrol
[[Page 35300]]
personnel may be comprised of local, state or federal officials
authorized to act in support of the Coast Guard. In addition, members
of the Coast Guard Auxiliary or Cianbro repair crew may be present to
inform vessel operators of this regulation.
Discussion of Rule
This temporary rule creates a safety zone for all navigable waters
in a 100-yard radius around the drill ship STENA FORTH while at anchor
in approximate location 44[deg]06'54'' N., 069[deg]02'54'' W., one mile
northeast of Rockland Harbor Breakwater Light (LLNR 4130), and
approximately one and a half miles north of Owl's Head, Maine. The
technical constraints inherent in replacing the STENA FORTH's three bow
thrusters severely limit the number of suitable locations where the
repairs could be safely conducted. Of the six possible bays on the East
Coast, Penobscot Bay, Maine was the most desirable due to the proximity
to shore, relatively sheltered environment, and typical June weather
conditions. The anchorage position was chosen based on the conditions
needed to make the repairs (water depth, currents) as well as with
consideration to the typical use of the navigable waters east of
Rockland Harbor in terms of deep draft, fishing, and recreational
vessel traffic. While every effort has been made to minimize the impact
to waterway users, the safety zone is needed to protect the repair
crews and maritime community from the dangers inherent in the repair
operations.
During the enforcement period of the safety zone, persons and
vessels will be prohibited from entering, transiting, anchoring,
mooring, or remaining within the zone unless specifically authorized by
the Captain of the Port or his designated representatives. The Coast
Guard may be assisted by other federal, state, and local agencies in
the enforcement of this safety zone. In addition, members of the Coast
Guard Auxiliary and Cianbro repair crew may be present to inform vessel
operators of this regulation.
The Coast Guard determined that this safety zone will not have a
significant impact on the maritime public due to the temporary nature
and limited size of the safety zone as vessels may transit all
navigable waters outside the safety zone. Advanced public notifications
will be made to the local maritime community through Local Notice to
Mariners and Broadcast Notice to Mariners.
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.
The Coast Guard has determined that this rule is not a significant
regulatory action for the following reasons: The safety zone will be of
limited duration, it covers only a small portion of the navigable
waterways, and the STENA FORTH's anchored position is designed to
avoid, to the extent possible, deep draft, fishing, and recreational
boating traffic routes.
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. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit, fish, or anchor in the designated safety zone during the
enforcement period stated in the List of Subjects.
The safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
safety zone will be of limited size; vessels that can safely do so may
navigate in all other portions of the waterway except for the area
designated as a safety zone; and vessels wishing to transit through the
safety zone may do so with the permission of the Captain of the Port or
his designated representative. Additionally, before the effective
period, the Coast Guard will issue notice of the time and location of
the safety zone through a Local Notice to Mariners and Broadcast Notice
to Mariners. The Coast Guard has also conducted outreach with state and
local agencies, including the Maine Department of Marine Resources and
fishing associations in Penobscot Bay, to enable fishermen and vessel
operators to adjust their plans as needed in anticipation of the STENA
FORTH's arrival to anchorage.
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,
[[Page 35301]]
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 which 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 establishing a
temporary safety zone. 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 record
keeping requirements, Security measures, and 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. Chapters 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.
0
2. Add Sec. 165.T01-0519 to read as follows:
Sec. 165.T01-0519 Safety zone; Ship repair in Penobscot Bay, ME.
(a) Location. The following area is a safety zone: All waters
within a 100 yard radius of the drill ship STENA FORTH while at anchor
in Penobscot Bay, Maine, in approximate position: 44[deg]06'54'' N.,
069[deg]02'54'' W., one mile northeast of Rockland Harbor Breakwater
Light (LLNR 4130), and approximately one and a half miles north of
Owl's Head, Maine.
(b) Notification. Coast Guard Sector Northern New England will
cause notice of the enforcement of this temporary safety zone to be
made by all appropriate means to effect the widest publicity among the
affected segments of the public, including publication in the Local
Notice to Mariners and Broadcast Notice to Mariners.
(c) Effective Period. This safety zone is effective from 12:01 a.m.
on June 15, 2010, until 11:59 p.m. on July 5, 2010.
(d) Enforcement Period. The safety zone in this section will be
enforced while the drill ship STENA FORTH is at anchor in Penobscot
Bay, Maine.
(e) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply. During the enforcement period, entry into, transiting,
mooring, anchoring or remaining within this safety zone is prohibited
unless authorized by the Captain of the Port or his designated
representatives.
(2) This temporary safety zone is closed to all vessel traffic,
except as may be permitted by the Captain of the Port or his designated
representative. 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 or his designated representatives.
(3) The ``designated representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
Captain of the Port to act on his behalf. The on-scene representative
may be on a Coast Guard vessel, a Coast Guard Auxiliary vessel, or
onboard a local or state agency vessel that is authorized to act in
support of the Coast Guard. In addition, members of the Coast Guard
Auxiliary or Cianbro repair crew may be present to inform vessel
operators of this regulation.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port or his designated
representative by telephone at 207-767-0303 or via VHF radio channel 16
to obtain permission to do so.
Dated: June 9, 2010.
B.S. Gilda,
Commander, U.S. Coast Guard, Acting, Captain of the Port Sector
Northern New England.
[FR Doc. 2010-15006 Filed 6-21-10; 8:45 am]
BILLING CODE 9110-04-P