[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59078-59081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24157]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0806]
RIN 1625-AA00
Safety Zone; Ledge Removal Project, Bass Harbor, ME
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone around
a ledge removal project in Bass Harbor, Maine. The United States Army
Corps of Engineers (USACE) has contracted Prock Marine Company to
remove a section of ledge in order to expand an anchorage area for the
Town of Tremont. This regulation establishes a temporary safety zone
around the
[[Page 59079]]
work area where explosive charges will be used. This safety zone is
necessary to protect waterway users from the hazards associated with
explosive blasting and subsequent debris removal.
DATES: This rule is effective beginning at 6 a.m. on October 1, 2010
through 11:59 p.m. on November 15, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0806 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0806 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 interim
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 or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this 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 this project has already been subject
to extensive public review and comment through the Army Corps of
Engineers (USACE), Town of Tremont public meetings, and outreach by the
Prock Marine Company. A complete description of the project was made
available as a Public Notice at the New England District USACE Web
site: http://www.nae.usace.army.mil/projects/me/bassharbor/bassharbor.htm. No objections have been raised by maritime interests or
the local community. The Coast Guard finds that issuing a NPRM for this
temporary rule unnecessary and contrary to public interest as immediate
action is necessary to protect the public from the hazards associated
with explosive blasting.
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 for the reasons enumerated above.
In addition, there is an immediate need to protect waterway users from
hazards associated with the explosive charges. A delay in the effective
dates of this regulation would delay the start of the ledge removal;
such a delay would be contrary to public interest. The USACE has given
Prock Marine Company a limited time period beginning on October 1, 2010
in which the ledge removal can take place. A delay in the start date
could jeopardize the project as on site weather conditions deteriorate
as the fall season progresses, and any delay to the project completion
would be contrary to public interest.
Basis and Purpose
The USACE plans to remove 1,800 cubic yards of a ledge in the
navigable waterway in and around Bass Harbor both to increase mooring
capacity for fishing trawlers and recreational vessels and to provide a
channel connecting the inner and outer harbor anchorages. This project
will last approximately 30 days beginning October 1, 2010 and will
involve using explosive charges to remove a section of ledge. As
blasting projects introduce significant hazards to waterway users,
including risk of injury or death from near or actual contact with the
blasting and dredge equipment, a safety zone around the blast area is
necessary to ensure the safety of waterway users in Bass Harbor. This
rule prevents vessels from entering, transiting, mooring or anchoring
within the area designated as a safety zone unless authorized by the
Captain of the Port or his designated representative.
The USACE, Town of Tremont, and Prock Marine Company have conducted
extensive public outreach regarding this proposed ledge removal project
with no negative feedback. This temporary safety zone will facilitate
this project by ensuring that the safety of waterway users is not
compromised while blasting operations take place.
Discussion of Rule
This rule establishes a temporary safety zone located 500 feet east
of the Tremont Town Pier. The safety zone covers an area approximately
900 feet by 600 feet including all navigable waters from surface to
bottom extending 300 feet around the following coordinates:
44[deg]14'27.9'' N, 068[deg]21'01.8'' W to the northwest;
44[deg]14'28.5'' N, 068[deg]20'59.9'' W to the northeast;
44[deg]14'25.6'' N, 068[deg]20'59'' W to the southeast; and
44[deg]14'25.3'' N, 068[deg]21'00.1'' W to the southwest. The zone will
be marked with four, red, inflatable markers indicating the edges of
the zone.
During the enforcement period of the safety zone, persons and
vessels are prohibited from entering, transiting, anchoring or mooring
within the zone unless specifically authorized by the Captain of the
Port (COTP) or his designated representative. The ``designated
representative'' is any Coast Guard commissioned, warrant, or petty
officer who has been designated by the COTP to act on his behalf. On-
scene patrol personnel may also assist with the enforcement of this
regulation. Patrol 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 Prock Marine Company
may be present to inform waterway users of this regulation.
The Coast Guard anticipates little negative impact on vessel
traffic from this temporary safety zone as the ledge that is being
removed already renders the area unsuitable for navigation by the
majority of vessels transiting the area. In addition, the safety zone
does not block vessel traffic to any other area of Bass Harbor, as the
main channel lies to the west of the safety zone. Once the ledge has
been removed and the Coast Guard has verified there are no remaining
obstructions in the area, the enforcement of this safety zone may be
suspended prior to the cancellation date. In order to facilitate public
notice and vessel compliance with this regulation, details of the
safety zone will be made via the Local Notice to Mariners and Safety
Marine Information Broadcasts.
Regulatory Analyses
We developed this interim 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
[[Page 59080]]
Order. The Office of Management and Budget has not reviewed it under
that Order.
This rule is not a significant regulatory action because there is
no commercial traffic in the region. Also, traffic will be allowed to
pass through the zone with the permission of the Coast Guard Captain of
the Port.
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
enter, transit, anchor or moor 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 and duration, and vessels that can
safely do so may navigate in all portions of the waterway except for
the area designated a safety zone. Additionally, before the effective
period, the Coast Guard will issue notice of the time and location of
the safety zone through the Local Notice to Mariners and Safety Marine
Information Broadcast.
If you think that 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 (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
[[Page 59081]]
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 as this rule involves
establishing a safety zone.
An environmental analysis checklist and a categorical exclusion
determination are 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, 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.T01-0806 to read as follows:
Sec. 165.T01-0806 Safety zone; Ledge Removal Project, Bass Harbor,
Maine.
(a) Location. The following area is a designated safety zone:
All navigable waters from surface to bottom extending 300 feet
around the following coordinates: 44[deg]14'27.9'' N, 068[deg]21'01.8''
W to the northwest; 44[deg]14'28.5'' N, 068[deg]20'59.9'' W to the
northeast; 44[deg]14'25.6'' N, 068[deg]20'59'' W to the southeast; and
44[deg]14'25.3'' N, 068[deg]21'00.1'' W to the southwest. The zone will
be marked with four, red, inflatable markers indicating the edges of
the zone.
(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 affect the widest publicity among the
effected segments of the public, including publication in the Local
Notice to Mariners and Safety Marine Information Broadcast.
(c) Effective Period. This rule is effective from 6 a.m. on October
1, 2010 through 11:59 p.m. on November 15, 2010.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply. During the enforcement period, entering, transiting,
anchoring or mooring within the safety zone is prohibited unless
authorized by the COTP or his designated representatives.
(2) This temporary safety zone is closed to all vessel traffic,
except as may be permitted by the COTP or his designated
representatives. Vessel operators given permission to enter or operate
in the safety zone must comply with all directions given to them by the
COTP or his designated representative. Vessels that are granted
permission to enter or remain within the safety zone may be required to
be at anchor or moored to a waterfront facility such that the vessel's
location will not interfere with dredging operations.
(3) The ``designated representative'' is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
COTP to act on his behalf. The on-scene representative may be on a
Coast Guard vessel, a State or local law enforcement vessel, or other
designated craft, or may be on shore and will communicate with vessels
via VHF-FM radio or loudhailer. On-scene patrol personnel may also
assist with the enforcement of this regulation. Patrol 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 Prock Marine Company may be present to inform waterway
users of this regulation.
(4) Vessel operators desiring to enter or operate within the safety
zone shall request permission to do so by contacting the COTP Sector
Northern New England by telephone at 207-767-0303 or on VHF radio
channel 16.
Dated: September 2, 2010.
J.B. McPherson,
Captain, U.S. Coast Guard, Captain of the Port Sector Northern New
England.
[FR Doc. 2010-24157 Filed 9-24-10; 8:45 am]
BILLING CODE 9110-04-P