[Federal Register Volume 63, Number 76 (Tuesday, April 21, 1998)]
[Rules and Regulations]
[Pages 19656-19657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10549]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-98-029]
RIN 2115-AA97


Safety Zone: Bath/Woolwich Bridge Construction Project, Bath, ME

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
to close a portion of the Kennebec River to waterway traffic in a 100-
foot radius around each of two construction barges operating in the 
vicinity of the Carlton Bridge, Bath, Maine, from May 10, 1998 at 7 
a.m. through October 1, 1998 at 7 a.m. This safety zone is needed to 
protect persons, vessels and others in the maritime community from the 
safety hazards associated with construction barges working in a bridge 
construction capacity. Entry into this safety zone is prohibited unless 
authorized by the Captain of the Port.

DATES: This regulation is effective from May 10, 1998 at 7 a.m. until 
October 1, 1998 at 7 a.m.

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

SUPPLEMENTARY INFORMATION:

[[Page 19657]]

Regulatory History

    As authorized by 5 U.S.C. 553, a notice of proposed rulemaking 
(NPRM) was not published for this regulation. Good cause exists for not 
publishing an NPRM and for making this regulation effective in less 
than 30 days after Federal Register publication. Due to the complex 
planning and coordination involved, final details for the channel 
closure were not provided to the Coast Guard until April 3, 1998, 
making it impossible to publish an NPRM or a final rule 30 days in 
advance. Publishing an NPRM and delaying its effective date would 
effectively suspend construction of the new Bath/Woolwich Bridge which 
would be contrary to the public interest.

Background and Purpose

    A portion of the Kennebec River will be closed to all marine 
traffic from May 10, 1998 at 7 a.m. until October 1, 1998 at 7 a.m. The 
safety zone covers a portion of the Kennebec River in a radius of 100 
feet around each of two construction barges, which will be functioning 
as platforms for cranes, and operating in the vicinity of the Carlton 
Bridge, Bath, Maine. This safety zone is required to protect 
construction personnel and the maritime community from the hazards 
associated with heavy bridge construction. Vessels and recreational 
craft venturing close to the construction equipment present a safety 
risk to both themselves and the construction personnel. Entry into this 
zone will be prohibited unless authorized by the Captain of the Port. 
Because the safety zone encompasses only a portion of the Kennebec 
River, vessel traffic will not be impeded.

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 safety zone involves only a 
portion of the Kennebec River. The effect of this regulation will not 
be significant for several reasons: the area covered by the safety zone 
restricts only a portion of the main channel allowing traffic to 
continue to pass through; advance coordination of port operations 
around the channel closure has been established to minimize the effect 
on commercial vessel traffic; and advance maritime advisories will be 
made.

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 a substantial number of small entities. If, however, 
you think that your business or organization qualifies as a small 
entity and that this rule will have a significant economic impact on 
your business or organization, please submit a comment explaining why 
you think it qualifies and in what way and to what degree this rule 
will economically affect it.

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 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that, under section 2.B.2.e. of Commandant 
Instruction M16475.1B, (as revised by 59 FR 38654, July 29, 1994), 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 
recordkeeping 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. A temporary section, 165.T01-CGD1-141, is added to read as 
follows:


Sec. 165.T01-029  Carlton Bridge Construction Project, Bath, ME.

    (a) Location.  The safety zone covers a portion of the Kennebec 
River in a radius of 100 feet around each of two construction barges 
operating in the vicinity of the Carlton Bridge, Bath, Maine.
    (b) Effective date. This regulation is effective from May 10, 1998 
at 7 a.m. until October 01, 1998 at 7 a.m. unless terminated sooner by 
the Captain of the Port.
    (c) Regulations. The general regulations contained in 33 CFR 165.23 
apply.

    Dated: April 7, 1998.
Burton S. Russell,
Commander, U.S. Coast Guard, Captain of the Port, Portland, Maine.
[FR Doc. 98-10549 Filed 4-20-98; 8:45 am]
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