[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59078-59081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24157]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0806]
RIN 1625-AA00


Safety Zone; Ledge Removal Project, Bass Harbor, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
a ledge removal project in Bass Harbor, Maine. The United States Army 
Corps of Engineers (USACE) has contracted Prock Marine Company to 
remove a section of ledge in order to expand an anchorage area for the 
Town of Tremont. This regulation establishes a temporary safety zone 
around the

[[Page 59079]]

work area where explosive charges will be used. This safety zone is 
necessary to protect waterway users from the hazards associated with 
explosive blasting and subsequent debris removal.

DATES: This rule is effective beginning at 6 a.m. on October 1, 2010 
through 11:59 p.m. on November 15, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0806 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0806 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
rule, call or e-mail Lieutenant Junior Grade Laura van der Pol, 
Waterways Management Division at Coast Guard Sector Northern New 
England, telephone 207-741-5421, e-mail <a href="/cdn-cgi/l/email-protection#92def3e7e0f3bcd9bce4f3fcf6f7e0c2fdfea3d2e7e1f1f5bcfffbfe"><span class="__cf_email__" data-cfemail="733f120601125d385d05121d171601231c1f4233060010145d1e1a1f">[email protected]</span></a>. If 
you have questions on viewing or submitting material to the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because this project has already been subject 
to extensive public review and comment through the Army Corps of 
Engineers (USACE), Town of Tremont public meetings, and outreach by the 
Prock Marine Company. A complete description of the project was made 
available as a Public Notice at the New England District USACE Web 
site: http://www.nae.usace.army.mil/projects/me/bassharbor/bassharbor.htm. No objections have been raised by maritime interests or 
the local community. The Coast Guard finds that issuing a NPRM for this 
temporary rule unnecessary and contrary to public interest as immediate 
action is necessary to protect the public from the hazards associated 
with explosive blasting.
    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 for the reasons enumerated above. 
In addition, there is an immediate need to protect waterway users from 
hazards associated with the explosive charges. A delay in the effective 
dates of this regulation would delay the start of the ledge removal; 
such a delay would be contrary to public interest. The USACE has given 
Prock Marine Company a limited time period beginning on October 1, 2010 
in which the ledge removal can take place. A delay in the start date 
could jeopardize the project as on site weather conditions deteriorate 
as the fall season progresses, and any delay to the project completion 
would be contrary to public interest.

Basis and Purpose

    The USACE plans to remove 1,800 cubic yards of a ledge in the 
navigable waterway in and around Bass Harbor both to increase mooring 
capacity for fishing trawlers and recreational vessels and to provide a 
channel connecting the inner and outer harbor anchorages. This project 
will last approximately 30 days beginning October 1, 2010 and will 
involve using explosive charges to remove a section of ledge. As 
blasting projects introduce significant hazards to waterway users, 
including risk of injury or death from near or actual contact with the 
blasting and dredge equipment, a safety zone around the blast area is 
necessary to ensure the safety of waterway users in Bass Harbor. This 
rule prevents vessels from entering, transiting, mooring or anchoring 
within the area designated as a safety zone unless authorized by the 
Captain of the Port or his designated representative.
    The USACE, Town of Tremont, and Prock Marine Company have conducted 
extensive public outreach regarding this proposed ledge removal project 
with no negative feedback. This temporary safety zone will facilitate 
this project by ensuring that the safety of waterway users is not 
compromised while blasting operations take place.

Discussion of Rule

    This rule establishes a temporary safety zone located 500 feet east 
of the Tremont Town Pier. The safety zone covers an area approximately 
900 feet by 600 feet including all navigable waters from surface to 
bottom extending 300 feet around the following coordinates: 
44[deg]14'27.9'' N, 068[deg]21'01.8'' W to the northwest; 
44[deg]14'28.5'' N, 068[deg]20'59.9'' W to the northeast; 
44[deg]14'25.6'' N, 068[deg]20'59'' W to the southeast; and 
44[deg]14'25.3'' N, 068[deg]21'00.1'' W to the southwest. The zone will 
be marked with four, red, inflatable markers indicating the edges of 
the zone.
    During the enforcement period of the safety zone, persons and 
vessels are prohibited from entering, transiting, anchoring or mooring 
within the zone unless specifically authorized by the Captain of the 
Port (COTP) or his designated representative. The ``designated 
representative'' is any Coast Guard commissioned, warrant, or petty 
officer who has been designated by the COTP to act on his behalf. On-
scene patrol personnel may also assist with the enforcement of this 
regulation. Patrol personnel may be comprised of local, State, or 
Federal officials authorized to act in support of the Coast Guard. In 
addition, members of the Coast Guard Auxiliary or Prock Marine Company 
may be present to inform waterway users of this regulation.
    The Coast Guard anticipates little negative impact on vessel 
traffic from this temporary safety zone as the ledge that is being 
removed already renders the area unsuitable for navigation by the 
majority of vessels transiting the area. In addition, the safety zone 
does not block vessel traffic to any other area of Bass Harbor, as the 
main channel lies to the west of the safety zone. Once the ledge has 
been removed and the Coast Guard has verified there are no remaining 
obstructions in the area, the enforcement of this safety zone may be 
suspended prior to the cancellation date. In order to facilitate public 
notice and vessel compliance with this regulation, details of the 
safety zone will be made via the Local Notice to Mariners and Safety 
Marine Information Broadcasts.

Regulatory Analyses

    We developed this interim rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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

[[Page 59080]]

Order. The Office of Management and Budget has not reviewed it under 
that Order.
    This rule is not a significant regulatory action because there is 
no commercial traffic in the region. Also, traffic will be allowed to 
pass through the zone with the permission of the Coast Guard Captain of 
the Port.

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 will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
enter, transit, anchor or moor in the designated safety zone during the 
enforcement period stated in the List of Subjects.
    The safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
safety zone will be of limited size and duration, and vessels that can 
safely do so may navigate in all portions of the waterway except for 
the area designated a safety zone. Additionally, before the effective 
period, the Coast Guard will issue notice of the time and location of 
the safety zone through the Local Notice to Mariners and Safety Marine 
Information Broadcast.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can 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 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 policy 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 (adjusted for 
inflation) 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 cause 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and

[[Page 59081]]

have concluded this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction as this rule involves 
establishing a safety zone.
    An environmental analysis checklist and a categorical exclusion 
determination are 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, and 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. Chapters 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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 Sec.  165.T01-0806 to read as follows:


Sec.  165.T01-0806  Safety zone; Ledge Removal Project, Bass Harbor, 
Maine.

    (a) Location. The following area is a designated safety zone:
    All navigable waters from surface to bottom extending 300 feet 
around the following coordinates: 44[deg]14'27.9'' N, 068[deg]21'01.8'' 
W to the northwest; 44[deg]14'28.5'' N, 068[deg]20'59.9'' W to the 
northeast; 44[deg]14'25.6'' N, 068[deg]20'59'' W to the southeast; and 
44[deg]14'25.3'' N, 068[deg]21'00.1'' W to the southwest. The zone will 
be marked with four, red, inflatable markers indicating the edges of 
the zone.
    (b) Notification. Coast Guard Sector Northern New England will 
cause notice of the enforcement of this temporary safety zone to be 
made by all appropriate means to affect the widest publicity among the 
effected segments of the public, including publication in the Local 
Notice to Mariners and Safety Marine Information Broadcast.
    (c) Effective Period. This rule is effective from 6 a.m. on October 
1, 2010 through 11:59 p.m. on November 15, 2010.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply. During the enforcement period, entering, transiting, 
anchoring or mooring within the safety zone is prohibited unless 
authorized by the COTP or his designated representatives.
    (2) This temporary safety zone is closed to all vessel traffic, 
except as may be permitted by the COTP or his designated 
representatives. Vessel operators given permission to enter or operate 
in the safety zone must comply with all directions given to them by the 
COTP or his designated representative. Vessels that are granted 
permission to enter or remain within the safety zone may be required to 
be at anchor or moored to a waterfront facility such that the vessel's 
location will not interfere with dredging operations.
    (3) The ``designated representative'' is any Coast Guard 
commissioned, warrant or petty officer who has been designated by the 
COTP to act on his behalf. The on-scene representative may be on a 
Coast Guard vessel, a State or local law enforcement vessel, or other 
designated craft, or may be on shore and will communicate with vessels 
via VHF-FM radio or loudhailer. On-scene patrol personnel may also 
assist with the enforcement of this regulation. Patrol personnel may be 
comprised of local, State, or Federal officials authorized to act in 
support of the Coast Guard. In addition, members of the Coast Guard 
Auxiliary or Prock Marine Company may be present to inform waterway 
users of this regulation.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall request permission to do so by contacting the COTP Sector 
Northern New England by telephone at 207-767-0303 or on VHF radio 
channel 16.

    Dated: September 2, 2010.
J.B. McPherson,
Captain, U.S. Coast Guard, Captain of the Port Sector Northern New 
England.
[FR Doc. 2010-24157 Filed 9-24-10; 8:45 am]
BILLING CODE 9110-04-P


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