Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 10359 

World War II U.S. Cobia submarine, 

Manitowoc River encompassed by the 

arc of a circle with a 70-foot radius with 

its center in approximate position 

44°05.30′ N, 087°39.15′ W (NAD 1983). 

In order to ensure the safety of 

spectators and transiting vessels, this 

safety zone will be in effect for the 

duration of the event. In the event that 

this safety zone affects shipping, 

commercial vessels may request 

permission from the Captain of the Port 

Lake Michigan to transit through the 

safety zone. 

Requests must be made in advance 

and approved by the Captain of the Port 

before transits will be authorized. The 

Captain of the Port may be contacted via 

U.S. Coast Guard Sector Lake Michigan 

on channel 16, VHF–FM. The Coast 

Guard will give notice to the public via 

a Broadcast Notice to Mariners that the 

regulation is in effect. 

Dated: February 27, 2007. 

B.C. Jones, 

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

Port Sector Lake Michigan. 

[FR Doc. E7–4109 Filed 3–7–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–07–011] 

RIN 1625–AA00 

Safety Zone; Upper Chesapeake Bay 

and Its Tributaries and the C & D 

Canal, Maryland, Virginia, and 

Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule; correcting 

amendment. 

SUMMARY: This document contains a 

correction to the section establishing a 

temporary safety zone in all navigable 

waters of the Captain of the Port 

Baltimore zone published on February 

23, 2007, in the Federal Register (72 FR 

8112). 

DATES: This correction is effective 

March 8, 2007 until April 16, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–07–

011 and are available for inspection or 

copying at Commander, Coast Guard 

Sector Baltimore, 2401 Hawkins Point 

Road, Baltimore, Maryland 21226–1791, 

between 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on viewing the 

docket, call Mr. Ronald L. Houck, Coast 

Guard Sector Baltimore, at (410) 576–

2674. 

SUPPLEMENTARY INFORMATION: On 

February 23, 2007, the Coast Guard 

published a temporary final rule (72 FR 

8112) to establish a temporary safety 

zone in all navigable waters of the 

Captain of the Port Baltimore Zone. The 

temporary safety zone restricts vessels 

from transiting the zone during ice 

season. Due to a drafting error in the 

temporary final rule the Captain of the 

Port’s requirements associated with 

different levels of ice conditions were 

unclear. This correction document 

makes corrections to the temporary final 

rule to provide clarification. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ Accordingly, 33 CFR part 165 is 

corrected by making the following 

correcting amendments: 

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. 

Chapter 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. Revise temporary § 165.T05–011 to 

read as follows: 

§ 165.T05–011 Safety zone; Upper 

Chesapeake Bay and its tributaries and the 

C & D Canal, MD, VA and Washington, DC 

(a) Purpose. The purpose of this 

regulation is to promote maritime safety, 

and to protect the environment and 

mariners transiting the area from the 

potential hazards due to ice conditions 

that become a threat to navigation. 

(b) Location. The following area is a 

temporary safety zone: All inland, 

navigable waters of the Captain of the 

Port, Baltimore Zone (see 33 CFR 3.25–

15). 

(c) Regulations. All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.23 of this part. 

(1) When an ice condition is set by the 

Captain of the Port (COTP), all vessel 

traffic is prohibited in the safety zone 

unless they meet the requirements set 

forth by the COTP by Marine Safety 

Radio Broadcast on VHF–FM marine 

band radio, channel 22A (157.1 MHZ). 

Requirements are as follows: (i) Ice 

Condition One: Convoys are required 

and restrictions to shaft horsepower and 

vessel transit are imposed. 

(ii) Ice Condition Two: The COTP 

Baltimore may impose restrictions, 

including but not limited to, shaft 

horsepower and hull type restrictions. 

(iii) Ice Condition Three: No 

limitations on vessel traffic, hull type or 

shaft horsepower. 

(2) Persons desiring to transit in the 

safety zone not meeting the 

requirements of the Ice Condition 

established by the COTP must contact 

the COTP at telephone number (410) 

576–2693 or on VHF channel 13 or 16 

to seek permission prior to transiting the 

area. If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP Baltimore, 

MD or designated representative. 

(3) All Coast Guard assets enforcing 

this safety zone can be contacted on 

VHF marine band radio, channels 13 

and 16. The COTP can be contacted at 

telephone number (410) 576–2693. 

(4) The COTP will notify the public of 

any changes in the status of this safety 

zone by Marine Safety Radio Broadcast 

on VHF–FM marine band radio, channel 

22A (157.1 MHZ). 

(5) Mariners granted permission to 

transit the safety zone must maintain 

the minimum safe speed necessary to 

maintain navigation as per 33 CFR 

Chapter I, Subchapters D and E. 

(d) Definitions as used in this section. 

(1) Captain of the Port means the 

Commander, Coast Guard Sector 

Baltimore or any Coast Guard 

commissioned warrant or petty officer 

who has been authorized by the Captain 

of the Port to act on his behalf. 

(2) Ice Condition One means the 

emergency condition in which ice has 

largely covered the Upper Chesapeake 

Bay and its tributaries, and the C & D 

Canal. 

(3) Ice Condition Two means the alert 

condition in which at least 2 inches of 

ice begins to form in the Upper 

Chesapeake Bay and its tributaries, and 

the C & D Canal. 

(4) Ice Condition Three means the 

readiness condition in which weather 

conditions are favorable for the 

formation of ice in the navigable waters 

of the Upper Chesapeake Bay and its 

tributaries, including the C & D Canal. 

Daily reports for the Coast Guard 

Stations and commercial vessels are 

monitored. 

(5) All vessel traffic means those 

vessels seeking to enter the safety zone 

as well as those vessels already located 

within the zone who wish to exit, and 

excludes those vessels that are moored 


pwalker on PROD1PC71 with RULES
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 


pwalker on PROD1PC71 with RULES