Ports and waterways safety: Kennebec River, ME; safety zone,
[Federal Register: December 14, 1998 (Volume 63, Number 239)]
[Rules and Regulations]
[Page 68686-68687]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de98-10]
DEPARTMENT OF TRANSPORTATION
Coast Guard
[CGD1-98-171]
RIN 2115-AA97
Safety Zone: Explosive Load, Bath Iron Works, Bath, ME
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing a temporary safety zone to close a portion of the Kennebec River to waterway traffic in a 400 foot radius around Bath Iron Works, Bath, ME, for an explosive load, from 6 a.m. November 25, 1998 through 12 p.m. December 23, 1998. This safety zone is needed to protect persons, facilities, vessels and others in the maritime community from the safety hazards associated with the handling and transportation of explosives. Entry into this safety zone is prohibited unless authorized by the Captain of the Port.
DATES: This rule is effective from 6 a.m. November 25, 1998 until 12 p.m. December 23, 1998.
FOR FURTHER INFORMATION CONTACT: Lieutenant J.D. Gafkjen, Chief of Response and Planning, Captain of the Port, Portland at (207) 780-3251.
SUPPLEMENTARY INFORMATION:
Regulatory History
As authorized by 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) was not published for this regulation. Good cause exists for not publishing a NPRM and for making this regulation effective in less than 30 days after Federal Register publication. Due to the complex planning and coordination involved, final details for the closure were not provided to the Coast Guard until November 23, 1998, making it impossible to publish a NPRM or a final rule 30 days in advance. Publishing an NPRM and delaying its effective date would be contrary to public interest since this safety zone is needed to protect persons, facilities, vessels and others in the maritime community from the safety hazards associated with the handling of explosives.
Background and Purpose
The Explosive Load will occur from 6 a.m. November 25, 1998 until 12 p.m. to December 23, 1998. The safety zone covers the waters of the Kennebec River, Bath, ME, in a 400-foot radius around Bath Iron Works, Bath, ME. This safety zone is required to protect the maritime community from the hazards associated with the handling of explosives. Entry into this zone will be prohibited unless authorized by the Captain of the Port.
Regulatory Evaluation
This temporary final rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that order. It has not been reviewed by the Office of Management and Budget under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this proposal to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. This safety zone involves only a portion of the Kennebec River. Due to the limited duration of the safety zone, the fact that the safety zone will not restrict the entire channel of the Kennebec River, allowing traffic to continue without obstruction, and that advance maritime advisories will be made, the Coast Guard expects the economic impact of this regulation to be so minimal that a Regulatory Evaluation is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider whether this proposal will have a significant economic impact on a substantial number of small entities. ``Small entities'' may include (1) small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields and (2) governmental jurisdictions with populations of less than 50,000.
For the reasons addressed under the Regulatory Evaluation above, the Coast Guard expects the impact of this regulation to be minimal and certifies under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not have a significant economic impact on a substantial number of small entities.
Collection of Information
This rule contains no collection of information requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and criteria contained in Executive Order 12612 and has determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this regulation and concluded that, under section 2.B.2.e. of Commandant Instruction M16475.1B, (as revised by 59 FR 38654, July 29, 1994), this rule is categorically excluded from further environmental documentation. A Categorical Exclusion Determination and an Environmental Analysis Checklist is available in the docket for inspection or copying.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 33 CFR Part 165 as follows:
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The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
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Add temporary section 165.T01-CGD1-171 to read as follows:
Sec. 165.T01-CGD1-171 Explosive Load, Bath Iron Works, Bath, ME.
(a) Location. The safety zone covers the waters of the Kennebec River, Bath, ME, in a 400 foot radius around Bath Iron Works, Bath, ME.
(b) Effective date. The explosive load will occur from 6 a.m. November 25, 1998 until 12 p.m. December 23, 1998. The safety zone covers the waters of the Kennebec River, Bath, ME.
[[Page 68687]]
(c) Regulations. (1) The general regulations contained in 33 C.F.R. 165.23 apply.
(2) All persons shall comply with the instructions of the Coast Guard Captain of the Port or the designated on scene patrol personnel. U.S. Coast Guard patrol personnel include commissioned, warrant and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, flashing light, or other means, the operator of the vessel shall proceed as directed.
(3) In accordance with the general regulations in section 165.23 of this part, entry or movement within this zone is prohibited unless authorized by the Captain of the Port, Portland, ME.
Dated: November 24, 1998. R.A. Nash, Commander, U.S. Coast Guard, Captain of the Port, Portland, Maine.
[FR Doc. 98-33080Filed12-11-98; 8:45 am]
BILLING CODE 4910-15-M
