[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Proposed Rules]
[Pages 4575-4577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1572]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0992]
RIN 1625-AAOO
Safety Zone; Repair of High Voltage Transmission Lines to Logan
International Airport, Saugus River, Saugus, MA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone on the Saugus River, Lynn, Massachusetts, within the Captain of
the Port (COTP) Boston Zone to allow for repair of high voltage
transmission lines to Logan Airport. This safety zone is required to
provide for the safety of life on navigable waters during the repair of
high voltage transmission lines. Entering into, transiting through,
mooring or anchoring within this zone is prohibited unless authorized
by the COTP.
DATES: Comments and related material must be received by the Coast
Guard on or before February 25, 2011.
Requests for public meetings must be received by the Coast Guard on
or before February 2, 2011.
See the Supplementary Information for discussion of the anticipated
effective date.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0992 using any one of the following methods:
(1) Federal e-Rulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail PO Trevor Hughes of the Waterways Management
Division, Coast Guard; telephone 617-223-3010, 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: The Coast Guard anticipates that this
proposed rule will be effective for six months following the
publication of the final rule in the Federal Register. The Coast Guard
will be enforcing this rule for less than a 48 hour period during the
construction and associated activities related to the actual repair of
the transmission lines.
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0992), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0992'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0992'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
[[Page 4576]]
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before February 2, 2011 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact Petty Officer Trevor Hughes at the telephone number or e-mail
address indicated under the FOR FURTHER INFORMATION CONTACT section of
this notice.
Basis and Purpose
This proposed rule is necessary to ensure the safety of vessels and
workers from the hazards associated with work related to repairs of
high voltage transmission lines over navigable waters.
Discussion of Proposed Rule
This proposed temporary safety zone is necessary to ensure the
safety of vessels, workers and the public during the repair of the high
voltage transmission lines that feed Logan Airport. The safety zone
will be enforced immediately before, during, and after the start of the
repairs. National Grid, the transmission line repair company, has not
specified the exact date repairs will commence, but they have advised
the Coast Guard that repairs are planned for a 48 hour period to begin
each day at 9 a.m. and end at 2 p.m. We expect to receive the repair
dates during this rulemaking period and will publish them in the final
rule.
The COTP will inform the public about the details of the work
covered by this safety zone using a variety of means, including, but
not limited to, Broadcast Notice to Mariners and Local Notice to
Mariners.
All persons and vessels shall comply with the instructions of the
COTP Boston or designated on-scene representative. Entering into,
transiting through, mooring or anchoring within the safety zone is
prohibited unless authorized by the COTP Boston or his designated on
scene representative. The COTP or his designated on scene
representative may be contacted via VHF Channel 16 or by telephone at
(617) 223-5750.
Regulatory Analyses
We developed this proposed 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 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.
The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The safety zone will be of
limited duration, is located in a waterway that has no deep draft
traffic and is designed to avoid, to the extent possible, fishing and
recreational boating traffic routes. In addition, vessels requiring
entry into the area of the safety zone may be authorized to do so by
the COTP.
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 would not have a significant economic impact on a substantial
number of small entities.
This proposed 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 the Saugus River during
a 48 hour enforcement period directly related to repairs of high
voltage transmission lines to Logan Airport.
This proposed rule will not have a significant economic impact on a
substantial number of small entities for the following reasons.
National Grid intends to make repairs to the high voltage transmission
lines running to Logan Airport during a 48 hour period between the
hours of 9 a.m. and 2 p.m. This time window will allow the local
lobster fishing fleet to transit to the fishing grounds and return home
at night without any inconvenience. The enforcement dates will be
published in the Final Rule. The local harbormasters have notified
their tenants in advance of the intended repairs, thus allowing Saugus
River users to plan accordingly. Vessel traffic will be allowed to pass
through the zone prior to 9 a.m. and after 2 p.m. and if necessary
through the zone with the permission of the COTP. Before the effective
period, we will issue maritime advisories widely available to users of
the river.
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 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 PO Trevor Hughes at the
telephone number or e-mail address indicated under the FOR FURTHER
INFORMATION CONTACT section of this notice. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
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.).
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 (adjusted for
inflation) or more in any one year. Though this
[[Page 4577]]
proposed rule would not result in such expenditure, we do discuss the
effects of this rule elsewhere in this preamble.
Taking of Private Property
This proposed rule would 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 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
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed 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 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the establishment of a safety zone. We seek any comments
or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Part 165 as follows:
PART 165--REGULATED NAVAGATION 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. Chapter 701, 3306,
3703; 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 Sec. 165.T01-0992 to read as follows:
Sec. 165.T01-0992 Safety Zone; Repair of High Voltage Transmission
Lines to Logan International Airport; Saugus River, Saugus, MA.
(a) General. A temporary safety zone is established for the event
described in paragraph (a)(1):
(1) Repair of high voltage transmission lines to Logan
International Airport; Saugus River, Saugus, MA. The temporary safety
zone includes all waters of the Saugus River, from surface to bottom,
within a 250-yard radius of position 42[deg]26'42'' N; 070[deg]58'14''
W.
(2) Effective Period. This rule is effective with actual notice
from: 9 a.m. to 2 p.m. (exact dates will be published in the Final
Rule).
(3) Enforcement Period. This rule will be enforced during a
consecutive 48 hour period: (exact dates will be published in the Final
Rule).
(b) Notification.
Coast Guard Sector Boston will cause notice of the enforcement of
this proposed temporary safety zone to be made by all appropriate means
to affect the widest publicity among the affected segments of the
public, including publication in the Local Notice to Mariners and
Safety Marine Information Broadcast.
(c) Regulations.
(1) In accordance with the general regulations in Section 165.23 of
this part, entry into, transiting or anchoring within this regulated
area is prohibited unless authorized by the COTP Boston, or his
designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP Boston or his designated on-scene
representative.
(3) The ``on-scene representative'' of the Captain of the Port
Boston is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port Boston to act on his
behalf. The on-scene representative of the COTP Boston will be aboard
either a Coast Guard or Coast Guard Auxiliary vessel. The COTP or his
designated on scene representative may be contacted by telephone at
617-223-5750 or on VHF Channel 16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall request permission to do so by contacting the COTP Sector
Boston by telephone at 617-223-5750 or on VHF radio channel 16.
Dated: January 4, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2011-1572 Filed 1-25-11; 8:45 am]
BILLING CODE 9110-04-P