[Federal Register Volume 66, Number 125 (Thursday, June 28, 2001)]
[Rules and Regulations]
[Pages 34367-34369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16319]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-093]
RIN 2115-AA97


Safety Zone: Naval Force Protection, Bath Iron Works, Kennebec 
River, Bath, ME

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone to 
close a portion of the Kennebec River to waterway traffic in a 400-foot 
radius around Bath Iron Works, Bath, Maine for the protection of Naval 
Forces, from 12 p.m. June 16, 2001 to 12 p.m. September 30, 2001. Entry 
into this safety zone is prohibited unless authorized by the Captain of 
the Port.

EFFECTIVE DATE: This rule is effective from 12 p.m. June 16, 2001 to 12 
p.m. September 30, 2001.

ADDRESSES: Comments should be mailed to: Commanding Officer, U.S. Coast 
Guard Marine Safety Office, 103 Commercial St., Portland Maine 04101-
4726. The Port Operations Department, Coast Guard Marine Safety Office 
maintains the public docket for this rule making. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at the Coast 
Guard Marine Safety Office between 8 a.m. and 4 p.m., Monday through 
Friday, except for Holidays.

[[Page 34368]]


FOR FURTHER INFORMATION CONTACT: Lieutenant E. J. Doucette, Chief of 
Port Operations, Captain of the Port, Portland, Maine at (207) 780-
3251.

SUPPLEMENTARY INFORMATION:

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 a 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 closure were not 
provided to the Coast Guard until May 31, 2001, making it impossible to 
pulblish a NPRM or a final rule 30 days in advance. Any delay 
encountered in this regulation's effective date would be contrary to 
the public interest since immediate action is needed to safeguard the 
Naval vessels moored at the Bath Iron Works facility, the public and 
the surrounding area from sabotage or other subversive acts, accidents, 
or other causes of a similar nature.

Background and Purpose

    A safety zone was established by the Captain of the Port Portland, 
Maine, April 26, 2001 in the Federal Register Volume 66, Number 81, 
pages 20926-20927. That safety zone prohibited entry into all waters of 
the Kennebec River within a 400-foot radius of Bath Iron Works, Bath, 
Maine from 7 a.m. April 4, 2001 through 12 p.m. June 16, 2001. Due to 
continuing security concerns, a safety zone is prudent for an 
additional period of time. The safety zone will be effective from 12 
p.m. June 16, 2001 to 12 p.m. September 30, 2001 at Bath Iron Works, 
Bath, Maine. This regulation establishes a safety zone in the waters of 
the Kennebec River. This safety zone is required to protect the Naval 
personnel, facilities, and vessels from the hazards associated with 
terrorism. Entry into this zone will be prohibited unless authorized by 
the Captain of the Port.

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 for the following reasons: This safety 
zone is limited in scope, involves only a portion of the Kennebec 
River, allowing vessels to safely navigate the river channel, and 
navigate around the safety zone without delay. Maritime advisories will 
be made in advance of and during the effective dates of the safety 
zone.

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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding the rule so that they may better evaluate its 
effects on them and participate in the rulemaking process. 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 theses 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).

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act of 1995 (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 affect 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments. A 
rule with tribal implications has a substantial direct effect on one or 
more Indian tribe, 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.

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.

Energy Effects

    The Coast Guard has analyzed this rule under Executive Order 13211,

[[Page 34369]]

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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:

PART 165--[AMENDED]

    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 Sec. 165.T01-093 to read as follows:


Sec. 165.T01-093  Naval Force Protection, at Bath Iron Works, Kennebec 
River, Bath, Maine

    (a) Location. The following is a safety zone: all waters in a 400-
foot radius around Bath Iron Works, Bath, Maine.
    (b) Effective date. This section is effective from 12 p.m. June 16, 
2001 to 12 p.m. September 30, 2001.
    (c) Regulations. (1) The general regulations contained in 
Sec. 165.23 and the regulations specifically relating to safety zones 
in 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 the designated on scene 
personnel. Upon being hailed by designated personnel via siren, radio, 
flashing light, bullhorn or other means, the operator of the vessel 
shall proceed as directed.
    (3) Entry or movement within this zone is prohibited unless 
authorized by the Captain of Port, Portland, Maine.

    Dated: June 15, 2001.
Roy A. Nash,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-16319 Filed 6-27-01; 8:45 am]
BILLING CODE 4910-15-U