[Federal Register Volume 63, Number 239 (Monday, December 14, 1998)]
[Rules and Regulations]
[Pages 68686-68687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33080]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-98-171]
RIN 2115-AA97


Safety Zone: Explosive Load, Bath Iron Works, 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, ME, for an explosive load, from 6 
a.m. November 25, 1998 through 12 p.m. December 23, 1998. This safety 
zone is needed to protect persons, facilities, vessels and others in 
the maritime community from the safety hazards associated with the 
handling and transportation of explosives. Entry into this safety zone 
is prohibited unless authorized by the Captain of the Port.

DATES: This rule is effective from 6 a.m. November 25, 1998 until 12 
p.m. December 23, 1998.

FOR FURTHER INFORMATION CONTACT:
Lieutenant J.D. Gafkjen, Chief of Response and Planning, Captain of the 
Port, Portland 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 November 23, 1998, making it 
impossible to publish a NPRM or a final rule 30 days in advance. 
Publishing an NPRM and delaying its effective date would be contrary to 
public interest since this safety zone is needed to protect persons, 
facilities, vessels and others in the maritime community from the 
safety hazards associated with the handling of explosives.

Background and Purpose

    The Explosive Load will occur from 6 a.m. November 25, 1998 until 
12 p.m. to December 23, 1998. The safety zone covers the waters of the 
Kennebec River, Bath, ME, in a 400-foot radius around Bath Iron Works, 
Bath, ME. This safety zone is required to protect the maritime 
community from the hazards associated with the handling of explosives. 
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. This safety zone involves only a 
portion of the Kennebec River. Due to the limited duration of the 
safety zone, the fact that the safety zone will not restrict the entire 
channel of the Kennebec River, allowing traffic to continue without 
obstruction, and that advance maritime advisories will be made, the 
Coast Guard expects the economic impact of this regulation to be so 
minimal that a Regulatory Evaluation is unnecessary.

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.

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 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. Add temporary section 165.T01-CGD1-171 to read as follows:


Sec. 165.T01-CGD1-171  Explosive Load, Bath Iron Works, Bath, ME.

    (a) Location. The safety zone covers the waters of the Kennebec 
River, Bath, ME, in a 400 foot radius around Bath Iron Works, Bath, ME.
    (b) Effective date. The explosive load will occur from 6 a.m. 
November 25, 1998 until 12 p.m. December 23, 1998. The safety zone 
covers the waters of the Kennebec River, Bath, ME.

[[Page 68687]]

    (c) Regulations. (1) The general regulations contained in 33 C.F.R. 
165.23 apply.
    (2) All persons shall comply with the instructions of the Coast 
Guard Captain of the Port or the designated on scene patrol personnel. 
U.S. Coast Guard patrol personnel include commissioned, warrant and 
petty officers of the Coast Guard. Upon being hailed by a U.S. Coast 
Guard vessel via siren, radio, flashing light, or other means, the 
operator of the vessel shall proceed as directed.
    (3) In accordance with the general regulations in section 165.23 of 
this part, entry or movement within this zone is prohibited unless 
authorized by the Captain of the Port, Portland, ME.

    Dated: November 24, 1998.
R.A. Nash,
Commander, U.S. Coast Guard, Captain of the Port, Portland, Maine.
[FR Doc. 98-33080 Filed 12-11-98; 8:45 am]
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