[Federal Register Volume 66, Number 247 (Wednesday, December 26, 2001)]
[Proposed Rules]
[Pages 66380-66381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31658]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-155]
RIN 2115-AA97


Safety Zone; Vessel Launches, Bath Iron Works, Kennebec River, 
Bath, ME

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a 150-yard radius safety zone around 
the Bath Iron Works facility dry dock in Bath, Maine to be activated 
when the dry dock is deployed and positioned into its dredged basin 
hole near the center of the Kennebec River. This safety zone is needed 
to protect the maritime community from the possible dangers and hazards 
to navigation associated with positioning a 700-foot dry dock near the 
center of the river to launch and recover large vessels.

DATES: Comments and related material must reach the Coast Guard on or 
before February 25, 2002.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office, Portland, 103 Commercial Street, Portland, Maine 04101. The 
Port Operations Department maintains the public docket for this 
rulemaking. 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 Marine Safety Office Portland between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) W.W. Gough, 
Ports and Waterways Safety Branch Chief, Port Operations Department, 
Captain of the Port, Portland, Maine at (207) 780-3251.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking CGD01-01-
155, indicate the specific section of this document to which each 
comment applies, and give reason for each comment. Please submit all 
comments and related material in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying. If you would like to know they 
reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in the view of 
them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Office Portland at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The Bath Iron Works facility in Bath, Maine recently acquired a 
700-foot dry dock. This dry dock needs to be pulled away from shore to 
be placed in a dredged basin near the center of the Kennebec River in 
order to submerge to be able to launch and recover vessels. This 
position in the dredged basin is just to the south and southwest of Red 
Nun Buoy Number ``34.'' The Captain of the Port, Portland, Maine 
proposes to establish a permanent moving safety zone around the dry 
dock when it is being moved from its moored position at the Bath Iron 
Works facility to its deployed location in the dredged basin of the 
Kennebec River, and from its deployed location back to its mooring. The 
Captain of the Port, Portland, Maine also proposes to establish a 
permanent safety zone around the dry dock while it is in its deployed 
position in the waters of the Kennebec River. The safety zone would 
restrict entry into waters of the Kennebec River within a 150-yard 
radius from the dry dock. This safety zone is needed to protect the 
maritime community from the possible dangers and hazards to navigation 
associated with positioning a 700-foot dry dock near the center of the 
river and with launching and recovering large vessels.

Regulatory Evaluation

    This proposed 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. The Office of Management and Budget has not reviewed it 
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 would only be 
activated temporarily when the dry dock is relocated to its launch and 
recovery position and during vessel launch and recovery; the safety 
zone only restricts movement in a portion of the Kennebec River 
allowing vessels to safely navigate around the zone without delay; the 
maritime community will be notified of the restrictions via broadcast 
notice to mariners; and there will be advanced coordination of vessel 
traffic around the safety zone to minimize the effect on commercial 
vessel traffic.

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 stated in 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 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 (Public Law 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. If the 
rule would effect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant (Junior Grade) W.W. 
Gough, Ports and Waterways Safety Branch Chief, Captain of the Port, 
Portland, Maine at (207) 780-3251.

Collection of Information

    This rule contains no collection of information requirements under 
the

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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, 
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 proposes 
to amend 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, 160.5; 49 CFR 1.46.

    2. Redesignate Sec. 165.103 as Sec. 165.108.
    3. Add new Sec. 165.103 to read as follows:


Sec. 165.103  Safety Zone; vessel launches, Bath Iron Works, Kennebec 
River, Bath, Maine.

    (a) Location. The following is a safety zone: all waters of the 
Kennebec River within a 150-yard radius of the Bath Iron Works dry dock 
while it is being moved to and from its moored position at the Bath 
Iron Works Facility in Bath, Maine to a deployed position in the 
Kennebec River, and while launching or recovering vessels.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Portland, Maine.

    Dated: November 26, 2001.
M.P. O'Malley,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-31658 Filed 12-21-01; 8:45 am]
BILLING CODE 4910-15-P