10360 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

or anchored in the zone and intend to 

remain so. 

(e) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zones by Federal, 

State and local agencies. 

(f) Enforcement period. This section 

will be enforced from February 5, 2007 

until April 15, 2007. 

Dated: February 28, 2007. 

Stefan G. Venckus, 

Chief, Office of Regulations and 

Administrative Law United States Coast 

Guard. 

[FR Doc. E7–3957 Filed 3–7–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD01–07–012] 

RIN 1625–AA00 

Safety Zone; South Portland, ME, Gulf 

Blasting Project 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

around a blasting and dredging project 

near the Gulf Oil Terminal Berth in 

South Portland, Maine and around the 

M/V RELIANCE, while transporting 

blasting material to the work site. These 

safety zones are needed to protect 

persons, facilities, vessels and others in 

the maritime community from the safety 

hazards associated with this blasting 

and dredging project, which is being 

undertaken to increase the water depth 

of the Gulf Oil Terminal berth to 41 feet. 

Entry into this safety zone is prohibited 

unless authorized by the Captain of the 

Port, Northern New England. 

DATES: This rule is effective from 7 a.m. 

Eastern Standard Time (EST), February 

20, 2007 until 4 p.m. Eastern Daylight 

Time (EDT), March 31, 2007. 

ADDRESSES: Comments received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket are part of docket 

CGD01–07–012 and are available for 

inspection or copying at U.S. Coast 

Guard Sector Northern New England, 

259 High Street, South Portland, ME 

04106 between the hours of 8 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

LTJG Jarrett Bleacher, at (207) 741–5421. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. The details 

of this project were not provided to the 

Coast Guard until January 25, 2007 

making it impossible to publish a NPRM 

or a final rule 30 days in advance. 

Similarly, 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 

implementing this rule would be 

contrary to the public interest since 

immediate action is necessary to protect 

persons, facilities, vessels and others in 

the maritime community from the safety 

hazards associated with the handling, 

detonation, and transportation of 

explosives. 

Background and Purpose 

The explosives loading and blasting 

operations will occur at various times 

during the period between February 20, 

2007 and March 31, 2007. The blasting 

plan calls for the drilling, blasting, and 

dredging of various areas within the 

berthing area of the Gulf Oil Terminal 

in South Portland, Maine. The 

explosives loading will occur at East 

End Beach at the Eastern Promenade, 

Portland, Maine, or at the municipal 

boat ramp at Bug Light Park, South 

Portland, Maine. The explosives will be 

transported via truck and M/V 

RELIANCE to the Gulf Oil Terminal in 

South Portland where the blasting and 

dredging project will be conducted. This 

regulation establishes a moving safety 

zone in all waters of the Fore River and 

Casco Bay in a 100 yard radius around 

the M/V RELIANCE as it transits from 

the East End Beach or Bug Light Park to 

the Gulf Facility and from the Gulf 

Facility back to the East End Beach or 

Bug Light Park. It also establishes a 100 

yard safety zone around the perimeter of 

the affected portion of the berthing area 

of the Gulf Oil Terminal while blasting 

operations are being conducted. This 

area is defined as all of the waters 

enclosed by a line starting from a point 

located at the western side of the Gulf 

Oil Terminal Dock at latitude 

43°39′12.537′′ N, longitude 

70°14′25.923′′ W; thence to latitude 

43°39′10.082′′ N, longitude 

70°14′26.287′′ W; thence to latitude 

43°39′10.209′′ N, longitude 

70°14′27.910′′ W; thence to latitude 

43°39′12.664′′ N, longitude 

70°14′27.546′′ W; thence to the point of 

beginning.(DATUM:NAD 83). These 

safety zones are required to protect the 

maritime community from the hazards 

associated with the loading, detonation, 

and transportation of explosives. Entry 

into this zone will be prohibited unless 

authorized by the Captain of the Port. 

Discussion of Rule 

This rule is effective from 7 a.m. EST 

on February 20, 2007 until 4 p.m. EDT 

on March 31, 2007. This safety zone is 

needed to safeguard mariners from the 

hazards associated with blasting 

operations on the designated waters in 

the Fore River. During the effective 

period of the safety zone, vessel traffic 

will be restricted in various portions of 

the Fore River and Casco Bay while the 

M/V RELIANCE is in transit and around 

the perimeter of the affected portion of 

the Gulf Oil Terminal when blasting 

operations are taking place. Although 

the safety zone will be in effect for 

seven weeks, it will only be enforced 

during actual transit and blasting times. 

Entry into those zones by any vessel is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Northern New England. 

The Captain of the Port anticipates 

negligible negative impact on vessel 

traffic from this temporary safety zone 

as it will be in effect only during transit 

and blasting operations. Blasting 

operations are anticipated to occur only 

two to three times per week between the 

hours of 7 a.m. and 4 p.m. The moving 

safety zone around the M/V RELIANCE 

will be enforced only during the transit 

of explosives to the site and from the 

site back to shore with unused 

explosives. The zone around the 

perimeter of the work site extends only 

minimally into the channel and will not 

effect vessels transiting in or out of the 

port. The zone around the worksite will 

be enforced only during the actual 

blasting times. The enhanced safety to 

life and property provided by this rule 

greatly outweighs any potential negative 

impacts. Public notifications will be 

made during the entire effective period 

of this safety zone via marine 

information broadcasts. 

Regulatory Evaluation 

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 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. The Coast Guard expects the 

economic impact of this rule to be so 

minimal that a full regulatory evaluation 

is unnecessary. The effect of this rule 

will not be significant for the following 


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Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 10361 

reasons: the safety zone will be enforced 

only during the transit of the M/V 

RELIANCE and during blasting 

operations. There is adequate room in 

the channel for vessels to transit during 

the blasting operations. Vessels will be 

permitted to transit and navigate in the 

effected waters when no blasting is 

taking place, minimizing any adverse 

impact. Additionally, extensive 

maritime advisories will be broadcast 

during the duration of the effective 

period. 

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 may affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit in the safety 

zone during this demolition event. 

However, this rule will not have a 

significant economic impact on a 

substantial number of small entities due 

to the minimal time that vessels will be 

restricted from the area, the ample space 

available for vessels to maneuver and 

navigate around the zone, and advance 

notifications will be made to the local 

community by marine information 

broadcasts. 

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 

process. If this rule will affect your 

small business, organization or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please contact 

LTJG Jarrett Bleacher at (207)741–5421, 

Sector Northern New England, 

Waterways Management Division. 

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 police 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 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 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 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 


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10362 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation. This rule fits the 

category selected from paragraph (34)(g), 

as it establishes a safety zone. A final 

‘‘Environmental Analysis Check List’’

and a final ‘‘Categorical Exclusion 

Determination’’ will be 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, 

Waterways. 

■ 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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

701; 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 temporary § 165.T01–012 to 

read as follows: 

§ 165.T01–012 Safety Zone; Gulf Oil 

Terminal Dredging Project, South Portland, 

ME. 

(a) Location. The following area is a 

safety zone: All waters of the Fore River 

and Casco Bay in a 100 yard radius 

around the M/V RELIANCE as it transits 

from the East End Beach or Bug Light 

Park to the Gulf Oil Terminal Facility 

and from the Gulf Oil Terminal Facility 

back to the East End Beach or Bug Light 

Park, while transporting explosives; 

and, all waters in a 100 yard radius 

around the perimeter of the berthing 

area of the Gulf Oil Terminal while 

blasting operations are being conducted. 

This area is defined as: All of the waters 

enclosed by a line starting from a point 

located at the western side of the Gulf 

Oil Terminal Dock at latitude 

43°39′12.537′′ N, longitude 

70°14′25.923′′ W; thence to latitude 

43°39′10.082′′ N, longitude 

70°14′26.287′′ W; thence to latitude 

43°39′10.209′′ N, longitude 

70°14′27.910′′ W; thence to latitude 

43°39′12.664′′ N, longitude 

70°14′27.546′′ W; thence to the point of 

beginning. (DATUM: NAD 83). All 

vessels are restricted from entering this 

area. 

(b) Effective Date. This section is 

effective from 7 a.m. EST on February 

20, 2007 until 4 p.m. EDT on March 31, 

2007. 

(c) Definitions. (1) Designated 

representative means a Coast Guard 

Patrol Commander, including a Coast 

Guard coxswain, petty officer, or other 

officer operating a Coast Guard vessel 

and a Federal, State, and local officer 

designated by or assisting the Captain of 

the Port (COTP). 

(2) [Reserved] 

(d) Regulations. (1) In accordance 

with the general regulations in 165.23 of 

this part, entry into or movement within 

this zone by any person or vessel is 

prohibited unless authorized by the 

COTP, Northern New England or the 

COTP’s designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone may 

contact the COTP or the COTP’s 

designated representative at telephone 

number 207–767–0303 or on VHF 

Channel 13 (156.7 MHz) or VHF 

channel 16 (156.8 MHz) to seek 

permission to do so. If permission is 

granted, all persons and vessels must 

comply with the instructions given to 

them by the COTP or the COTP’s 

designated representative. 

Dated: February 16, 2007. 

Stephen P. Garrity, 

Captain, U.S. Coast Guard, Captain of the 

Port, Northern New England. 

[FR Doc. E7–4115 Filed 3–7–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 9 

RIN 2900–AM36 

Traumatic Injury Protection Rider to 

Servicemembers’ Group Life Insurance 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document adopts with 

changes a Department of Veterans 

Affairs (VA) interim final rule that 

implemented section 1032 of Public 

Law 109–13, the ‘‘Emergency 

Supplemental Appropriations Act for 

Defense, the Global War on Terror, and 

Tsunami Relief, 2005.’’ Section 1032 of 

Public Law 109–13 established an 

automatic traumatic injury protection 

rider to Servicemembers’ Group Life 

Insurance (SGLI) for any SGLI insured 

who sustains a serious traumatic injury 

that results in certain losses as 

prescribed by the Secretary of Veterans 

Affairs in collaboration with the 

Secretary of Defense. Section 1032(a) is 

codified at 38 U.S.C. 1980A. Section 

1032(c)(1) of Public Law 109–13 also 

authorized the payment of this 

traumatic injury benefit (TSGLI) to 

members of the uniformed services who 

incurred a qualifying loss between 

October 7, 2001, and the effective date 

of section 1032 of Public Law 109–13, 

i.e., December 1, 2005, provided the loss 

was a direct result of injuries incurred 

in Operation Enduring Freedom (OEF) 

or Operation Iraqi Freedom (OIF). This 

document modifies § 9.20 of the interim 

rule to provide that a service member 

must suffer a scheduled loss within 2 

years after a traumatic injury, rather 

than one year as provided in current 

§ 9.20(d)(4). This document also amends 

§ 9.20(d)(1) to clarify that a service 

member does not have to be insured 

under SGLI in order to be eligible for 

TSGLI based upon incurrence of a 

traumatic injury between October 7, 

2001, and December 1, 2005, if the 

member’s loss was a direct result of 

injuries incurred in OEF or OIF. 

DATES: Effective Date: March 8, 2007. 

Applicability Date: VA will apply the 

final rule to injuries incurred in 

Operation Enduring Freedom or 

Operation Iraqi Freedom on or after 

October 7, 2001, through and including 

November 30, 2005, and to all injuries 

incurred on or after December 1, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Hosmer, Senior Insurance 

Specialist/Attorney, Department of 

Veterans Affairs Regional Office and 

Insurance Center, P.O. Box 13399, 

Philadelphia, Pennsylvania 19101, (215) 

842–2000 ext. 4280. 

SUPPLEMENTARY INFORMATION: On 

December 22, 2005, VA published an 

interim final rule in the Federal 

Register (70 FR 75940) to implement 

section 1032 of Public Law 109–13. 

We provided a 30-day comment 

period on the interim final rule, which 

ended on January 23, 2006. We received 

comments from only one organization, 

the Wounded Warrior Project (WWP). 

WWP stated that it was pleased with the 

regulation as a whole and with the 

decision to implement it immediately as 

an interim final rule, but raised issues 

WWP believed should be addressed in 

future versions of the regulation. WWP 

expressed concern that the definition of 

‘‘incurred in Operation Enduring 

Freedom’’ in § 9.20(b)(2)(i) and 

‘‘incurred in Operation Iraqi Freedom’’

in § 9.20(b)(2)(ii) would allow TSGLI 

benefits for injuries incurred prior to 

December 1, 2005, only if the service 

member was deployed outside the 


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