[Federal Register Volume 66, Number 81 (Thursday, April 26, 2001)]
[Rules and Regulations]
[Pages 20926-20927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10420]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-047]
RIN 2115-AA97


Safety Zone: Naval Force Protection, 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 the protection of Naval 
Forces, from 7 a.m. April 4, 2001 to 12 p.m. June 16, 2001. Entry into 
this safety zone is prohibited unless authorized by the Captain of the 
Port.

EFFECTIVE DATE: This rule is effective from 7 a.m. April 4, 2001 to 12 
p.m. June 16, 2001.

ADDRESSES: Comments should be mailed to: Commanding Officer, U.S. Coast 
Guard Marine Safety Office, 103 Commercial St., Portland Maine 04101-
4726. The Response and Planning 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.

FOR FURTHER INFORMATION CONTACT: Lieutenant E. J. Doucette, 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 April 2, 2001, making it impossible 
to publish a NPRM or a final rule 30 days in advance. Any delay 
encountered in this regulation's effective date would be contrary to 
public interest since immediate action is needed to safeguard the Naval 
vessels moored to 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

    The safety zone will occur from 7 a.m. April 4, 2001 to 12 p.m. 
June 16, 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 persons, 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. This safety zone involves only a 400-
foot radius around Bath Iron Works. The effect of this regulation will 
not be significant for several reasons: The safety zone is limited in 
duration, the safety zone is limited in area, allowing mariners to 
transit in the river channel outside of the safety zone, and maritime 
advisories will be made in advance of and during the effective date 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

[[Page 20927]]

this final rule will not have a significant economic impact on 
substantial number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: fishing vessels and construction vessels transiting the 
Kennebec River from 7 a.m. April 4, 2001 to 12 p.m. June 16, 2001. s
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be in effect for approximately 73 days, is limited in 
duration and area, and will be advertised in advance.

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 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).

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 113132 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 effect 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 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.

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. 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 record 
keeping 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.T01-047 to read as follows:


Sec. 165.T01-047  Naval Force Protection, Bath Iron Works, Bath, ME.

    (a) Location. The following is a safety zone: all waters in a 400-
foot radius around Bath Iron Works, Bath, ME.
    (b) Effective date. 7 a.m. April 4, 2001 to 12 p.m. June 16, 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 patrol 
personnel. Upon being hailed by designated personnel via siren, radio, 
flashing light, bull horn, or other means, the operator of the vessel 
and other persons inside the safety zone shall proceed as directed.
    (3) Entry or movement within this zone is prohibited unless 
authorized by the Captain of the Port, Portland, ME.

    Dated: April 4, 2001.
Roy A. Nash,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-10420 Filed 4-25-01; 8:45 am]
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