[Federal Register Volume 72, Number 72 (Monday, April 16, 2007)]
[Rules and Regulations]
[Pages 18889-18892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7187]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-07-33]
RIN 1625-AA00


Safety Zone; South Portland, ME, Gulf Blasting Project

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is reinstating the temporary safety zone 
around the blasting and dredging project near the Gulf Oil Terminal 
Berth in South Portland, Maine and around the M/V RELIANCE. 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 8 a.m. Eastern Daylight Time (EDT) 
April 2, 2007 until 11:59 p.m. Eastern Daylight Time (EDT) on April 15, 
2007.

ADDRESSES: 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

    On February 20, 2007, we enacted a Temporary Final Rule (TFR) 
entitled ``Safety Zone; South Portland, Maine, Gulf Blasting Project''. 
(72 FR 10360, March 8, 2007) The original effective period for this 
rule was from 7 a.m. Eastern Standard Time (EST) on February 20, 2007 
until 4 p.m. Eastern Daylight Time (EDT) on March 31, 2007. In order to 
maintain the protection of persons, facilities, vessels and others in 
the maritime community from the safety hazards associated with this 
blasting and dredging project, as the blasting contractor has informed 
the Coast Guard that operations will not be completed within the 
scheduled timeframe, we find it necessary to reissue a temporary 
regulation establishing a safety zone

[[Page 18890]]

around the South Portland Maine, Gulf blasting project.
    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 because any delay encountered 
with this regulation would be contrary to public safety since the 
safety zone is needed to provide for the safety of life on navigable 
waters and to prevent traffic from transiting within the waters 
effected by this blasting and dredging project. The details of this 
project's continuation were not provided to the Coast Guard until March 
22, 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. Delaying this rule would be 
contrary to the public interest since continued 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 continue to 
occur at various times during the period between March 31, 2007 and 
April 15, 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 aboard 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[deg]39'12.537'' N, longitude 70[deg]14'25.923'' W; 
thence to latitude 43[deg]39'10.082'' N, longitude 70[deg]14'26.287'' 
W; thence to latitude 43[deg]39'10.209'' N, longitude 
70[deg]14'27.910'' W; thence to latitude 43[deg]39'12.664'' N, 
longitude 70[deg]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 continues to provide for the safety of vessel traffic and 
the maritime public from the hazards associated with blasting 
operations on the designated waters in the Fore River. This TFR 
reinstates a temporary safety zone around the blasting and dredging 
project near the Gulf Oil Terminal Berth in South Portland.
    This document restricts vessel traffic 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 
being reinstated will be in effect for two weeks, as before, 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 affect 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 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,

[[Page 18891]]

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 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.

0
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

0
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.


0
2. Add temporary Sec.  165.T01-012 to read as follows:


Sec.  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 longitude 43[deg]39[min]12.537[sec] N, 
longitude 70[deg]14[min]25.923[sec] W; thence to latitude 
43[deg]39[min]10.082[sec] N, longitude 70[deg]14[min]26.287[sec] W; 
thence to latitude 43[deg]39[min]10.209[sec] N, longitude 
70[deg]14[min]27.910[sec] W; thence to latitude 
43[deg]39[min]12.664[sec] N, longitude

[[Page 18892]]

70[deg]14[min]27.546[sec] 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 8 a.m. April 2, 2007 
until 11:59 p.m. on April 15, 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: April 2, 2007.
S.P. Garrity,
Captain, U.S. Coast Guard, Captain of the Port, Northern New England.
[FR Doc. E7-7187 Filed 4-13-07; 8:45 am]
BILLING CODE 4910-15-P