[Federal Register Volume 64, Number 25 (Monday, February 8, 1999)]
[Rules and Regulations]
[Pages 5935-5936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2974]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-99-006]
RIN 2115-AA97


Safety Zone; Explosive Loads and Detonations 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, Maine for explosive loads and 
explosives detonations, from 6 a.m. January 30, 1999 through 12 p.m. 
March 1, 1999. This safety zone is needed to protect persons, 
facilities, vessels and others in the maritime community from the 
safety hazards associated with the handling, detonation 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. Saturday January 30 until 12 
p.m. Monday March 1, 1999.

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 January 20, 1999, 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 and detonation of 
explosives.

Background and Purpose

    The Explosive Loads and Detonations will occur from 6 a.m Saturday 
Janaury 30 until 12 p.m. Monday March 1, 1999. 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 loading, 
detonation and transportation 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

[[Page 5936]]

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-CGD1-183 to read as follows:


Sec. 165.T01-CGD1-183  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 Loads and Detonations will occur 
from 6 a.m. Saturday January 30 until 12 p.m. Monday March 1, 1999. The 
safety zone covers the waters of the Kennebec River, Bath, ME.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 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: January 29, 1999.
R.A. Nash,
Commander, U.S. Coast Guard, Captain of the Port Portland, Maine.
[FR Doc. 99-2974 Filed 2-5-99; 8:45 am]
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