Safety Zone: Vessel Launches, Bath Iron Works, Kennebec River,
Bath, Maine
[Federal Register: July 31, 2002 (Volume 67, Number 147)]
[Rules and Regulations]
[Page 49580-49582]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy02-12]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-01-155]
RIN 2115-AA97
Safety Zone: Vessel Launches, Bath Iron Works, Kennebec River,
Bath, Maine
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a 150-yard radius safety zone
around the Bath Iron Works facility dry dock in Bath, Maine to be
activated when the dry dock is deployed and positioned in its dredged
basin hole near the center of the Kennebec River. This safety zone is
needed to protect the maritime community from the possible hazards to
navigation associated with positioning a 700-foot dry dock near the
center of the river to launch and recover large vessels.
DATES: This rule is effective August 1, 2002.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD01-01-155 and are available for inspection or
copying at Marine Safety Office Portland, 103 Commercial Street,
Portland, Maine 04101 between 8 a.m. and 4 p.m., Monday through Friday,
except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) R. F.
Pigeon, Port Operations Department, Captain of the Port, Portland,
Maine at (207) 780-3251.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 26, 2001, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Vessel Launches, Bath Iron Works,
Kennebec River, Bath, ME'' in the Federal Register (66 FR 66380). We
received no letters commenting on the proposed rule. No public hearing
was requested, and none was held.
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. Any delay in the establishment of
this rule would be contrary to the public interest as this safety zone
is necessary immediately to ensure the safety of the maritime community
during vessel launches currently scheduled for the beginning of August.
Bath Iron Works has informed the Coast Guard that they will be using
the dry dock several times in the near future, beginning August 2,
2002, as they complete work on several large vessels. It is necessary
to make this rule effective in less than 30 days after publication in
order to protect the maritime community from the possible hazards to
navigation associated with positioning a 700-foot dry dock near the
center of the Kennebec River to launch and recover large vessels.
Background and Purpose
The Bath Iron Works facility in Bath, Maine acquired a 700-foot dry
dock to aid in vessel launchings and repairs. This dry dock needs to be
pulled away from shore and placed in a dredged basin near the center of
the Kennebec River, approximately 0.5 nm south of the new Bath-Woolwich
Bridge and just to the east of Trufant Ledge, in order to submerge and
be able to launch and recover vessels. To accomplish this a series of
permanent anchors and submerged chains in the river is used. It is
necessary to restrict vessel movement in this area during deployment to
protect mariners from this system and any associated vessels involved
with the deployment.
This rule establishes a permanent moving safety zone around the dry
dock
[[Page 49581]]
when it is being moved from its moored position at the Bath Iron Works
facility to its deployed location in the dredged basin of the Kennebec
River, and from its deployed location back to its mooring.
This rule also establishes a permanent safety zone around the dry
dock while it is in its deployed position in the waters of the Kennebec
River. This safety zone restricts entry into the waters of the Kennebec
River within a 150-yard radius of the dry dock. This safety zone is
needed to protect the maritime community from the possible dangers and
hazards to navigation associated with positioning a 700-foot dry dock
near the center of the Kennebec River to launch and recover large
vessels.
Discussion of Comments and Changes
The Coast Guard received no comments for this rulemaking. Only one
change has been made to the proposed rule in this final rulemaking. The
NPRM for this rule proposed to redesignate 33 CFR Sec. 165.103 as
Sec. 165.108 and designate this rule as Sec. 165.103. The Coast Guard,
in the interim, has revised Sec. 165.103. Rather than moving and
revising Sec. 165.103 we will add a new section designated as
Sec. 165.104.
Regulatory Evaluation
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. 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 rule to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary for the following reasons: This
safety zone would only be activated when the dry dock is relocated to
its launch and recovery position, and during vessel launch and
recovery; the safety zone only restricts movement in a portion of the
Kennebec River allowing vessels to safely navigate around the zone
without delay; the maritime community will be notified of the
restrictions via broadcast notice to mariners; and there will be
advanced coordination of vessel traffic around the safety zone to
minimize the effect on commercial vessel traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we have
considered whether this proposal 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.
For the reasons addressed under Regulatory Evaluation above, the Coast
Guard expects the impact of this regulation to be minimal and
certifies under 5 U.S.C. 605(b) that this final rule will not have a
significant economic impact on a substantial number of small entities.
Assistance for Small Entities
Under section 213 (a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could 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).
Collection of Information
This rule contains no collection of information requirements 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 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 effect 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 section 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 tribe, 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
[[Page 49582]]
Environment
We have considered the environmental impact of this rule and
concluded that, under Figure 2-1, paragraph 34(g) of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165 REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS
1. 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.
2. Add Sec. 165.104 to read as follows:
Sec. 165.104 Safety Zone: Vessel Launches, Bath Iron Works, Kennebec
River, Bath, Maine.
(a) Location. The following is a safety zone: all waters of the
Kennebec River within a 150-yard radius of the Bath Iron Works dry dock
while it is being moved to and from its moored position at the Bath
Iron Works Facility in Bath, Maine to a deployed position in the
Kennebec River, and while launching or recovering vessels.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port, Portland,
Maine.
(2) All vessel operators shall comply with the instructions of the
COTP or the designated on-scene U. S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, state and federal law enforcement vessels.
(c) Notifications. The Captain of the Port will notify the maritime
community of periods during which this safety zone will be in effect by
providing advance notice via Marine Safety Information Radio
Broadcasts.
Dated: July 25, 2002.
M.P. O'Malley,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 02-19357 Filed 7-30-02; 8:45 am]
BILLING CODE 4910-15-P
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