[Federal Register Volume 65, Number 101 (Wednesday, May 24, 2000)]
[Rules and Regulations]
[Pages 33450-33452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13042]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-00-129]
RIN 2115-AA97


Safety Zone: Maine Yankee Steam Generator and Pressurizer Removal 
Wiscasset, ME

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in a 
200-yard radius from position 43 deg.56 deg.55'N, 069"41'53" W, the 
southeast corner of the Maine Yankee Barge slip. This safety zone 
precludes entry into the cove between Bailey's point and Foxbird Island 
and portions of the Eastern Shore of Bailey Cove, Wiscasset, ME. This 
safety zone is needed to protect persons, facilities, vessels and 
others in the maritime community from the safety hazards associated 
with the handling, loading, and transportation of four major components 
of the Maine Yankee Nuclear Plant which are classified as Class 7 
Hazardous Waste.

EFFECTIVE DATE: This rule is effective from May 22, 2000 through July 
22, 2000.

FOR FURTHER INFORMATION CONTACT: Lieutenant R. V. Timme, Chief of 
Response and Planning, Captain of the Port, Portland at (207) 780-3251.

SUPPLEMENTARY INFORMATION:

[[Page 33451]]

Regulatory History

    As authorized by 5 U.S.C. 553, a notice of proposed rulemaking 
(NPRM) was not published for this regulation. Under 5 U.S.C 553(b)(B), 
the Coast Guard finds that good cause exists for not publishing an NPRM 
and for making this rule effective less that 30 days after publication 
in the Federal Register. Due to the complex planning and coordination 
involved final details for the closure were not provided to the Coast 
Guard until April 30, 2000, making it impossible to publish a NPRM or a 
final rule 30 days in advance. Any delay in implementing this rule 
would be contrary to the public interest since immediate action is 
necessary to close this section of the waterway and protect the 
maritime public from the hazards associated with the handling, loading 
and transportation of major components containing class 7 hazardous 
waste from a nuclear power plant onto a barge.

Background and Purpose

    Beginning May 22 and ending July 22, 2000, Stone and Webster, the 
decommissioning contractor, will load and transport four major 
components from the Maine Yankee Nuclear Plant to a barge in the Maine 
Yankee barge slip in Wiscasset, Maine. This regulation establishes a 
temporary safety zone within 200-yard radius around the southeast 
corner of the Maine Yankee Barge slip located at position 43 deg.56'55" 
N, 069 deg.41'53" W. This would effectively preclude entry into the 
cove between Bailey's Point and Foxbird Island and portions of the 
Eastern Shore of Bailey Cove. This rule is necessary to protect the 
maritime public from hazards associated with the loading of components 
of a nuclear power plant, which contain class 7 hazardous waste, onto a 
barge.

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 conclusion is based on the fact 
that the proposal has no significant effect on shipping, and its impact 
on fishing is minimal as it removes a small portion (less than one 
square mile) of the available fishing grounds from active fishing.

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 substantial number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: The commercial fishing community intending to fish 
portions of Wiscasset restricted by the safety zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: it only 
affects a very small portion of the waterway and commercial fishing 
community will be able to utilize other areas of waterway for 
commercial purposes.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 13132 and have determined that 
this rule does not have sufficient federalism implications for 
Federalism under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An Unfunded Mandate is a regulation that requires a state, 
local or tribal government or the private sector to incur costs without 
the Federal government's having first provided the funds to pay those 
costs. This rule will not impose an Unfunded Mandate.

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

    The Coast Guard has 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 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that, under Figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1C, 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 record 
keeping requirements, Security measures, Waterways.

Regulation

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:
    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 temporary section, 165.T01-129, to read as follows:


Sec. 165.T01-129  Maine Yankee Steam Generator and Pressurizer Removal 
Wiscasset, ME

    (a) Location. The following area is a safety zone: All waters 
within a 200-yard radius around the position 43 deg.56'55" N, 
069 deg.41'53" W.
    (b) Effective date. This section is effective from May 22, 2000 
through July 22, 2000.

[[Page 33452]]

    (c) Regulations. (1) The general regulations contained in 
Sec. 165.23 and Sec. 165.20 of this part apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or designated personnel. U.S. Coast 
Guard representatives of the Captain of the Port include commissioned, 
warrant and petty officers of the Coast Guard. Upon being hailed by 
U.S. Coast Guard personnel or an U.S. Coast Guard vessel, via siren, 
radio, flashing light, or other means, those hailed shall proceed as 
directed.
    (3) Entry or movement within this zone is prohibited unless 
authorized by the Captain of the Port, Portland, ME.

    Dated: May 15, 2000.
R.A. Nash
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 00-13042 Filed 5-23-00; 8:45 am]
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