[Federal Register Volume 67, Number 108 (Wednesday, June 5, 2002)]
[Rules and Regulations]
[Pages 38595-38596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14054]



[[Page 38595]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-064]
RIN 2115-AA97


Safety Zone; Portland Harbor, Oilrig Construction Project

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of Portland Harbor within a one hundred (100) yard radius of a 
large oilrig under construction at the former Bath Iron Works (BIW) 
Pier 2. This safety zone is needed to protect persons, facilities, 
vessels and others in the maritime community from the safety hazards 
associated with the limited maneuverability of vessels working during 
this construction process, and the safety concerns associated with 
fastening together two sections of this large oilrig. Entry into this 
safety zone is prohibited unless authorized by the Captain of the Port.

EFFECTIVE DATE: This rule is effective from June 3, 2002 until June 19, 
2002.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Marine Safety Office Portland, Maine, 103 
Commercial Street, Portland, Maine between 8 a.m. and 4 p.m. Monday 
through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) R. F. 
Pigeon, Waterways Safety Branch, Port Operations Department, at (207) 
780-3251.

SUPPLEMENTARY INFORMATION:  

Regulatory History

    Under 5 U.S.C. 553(b)(3), we find that good cause exists for not 
publishing a notice of proposed rulemaking (NPRM) for this regulation. 
Due to the complex planning and coordination involved, final details of 
construction were not provided to the Coast Guard until May 20, 2002, 
leaving insufficient time to draft and publish a NPRM or to publish the 
rule 30 days prior to its effective date.
    Under 5 U.S.C. 553(d)(3), we find that good cause exists for making 
this rule effective less than 30 days after publication in the Federal 
Register. Any delay in implementing this regulation would be contrary 
to the public interest since immediate action is needed to protect the 
maritime community from the hazards associated with the limited 
maneuverability of vessels working during this construction process, 
and the safety concerns associated with fastening together two sections 
of this large oilrig. The barge L400 will be loaded with a large oilrig 
deck box (tower section). The barge L400 will have to be maneuvered 
between the columns of the pontoon section (hull) of the oilrig that 
will be ballasted down in the former dry-dock basin southeast of the 
former BIW Pier 2. A loaded barge of this size will have limited 
maneuverability, and will involve precise movements while positioning 
the barge between the columns of the pontoon section of the rig. There 
will be less than two feet of clearance between the barge and the 
pontoon columns.

Background and Purpose

    Cianbro Corporation, of Pittsfield, Maine is completing 
construction of two large oilrigs known as Amethyst 4 and Amethyst 5. 
The work is being conducted at the former Bath Iron Works Shipyard in 
Portland, Maine. The first of these rigs has been transported to 
Portland, Maine in two sections from a shipyard in Pascagoula, 
Mississippi. The pontoon section, which is the hull of the oilrig, 
arrived in April 2002. It has been undergoing preparation work for 
mating with the larger deck box section, which is the tower of the 
oilrig, which arrived May 18, 2002.
    The mating operation will be conducted in two phases. First, the 
pontoon section, measuring 250 by 180 feet, will be moved into the deep 
basin (formerly used by the BIW floating dry-dock) on June 3, 2002. 
Several vessels will be involved with properly mooring and anchoring 
the pontoons in the basin. Once in place, the pontoon section will be 
ballasted and partially submerged.
    The second phase will involve placing the deck box of the oilrig, 
measuring 250 feet square, on top of the columns of the pontoon 
section. The barge L400, which is loaded with the deck box section, 
will be maneuvered between the columns of the pontoon section. This is 
expected to take place on June 5 or 6, 2002 and will take approximately 
four hours to complete. The deck box section will then be partially 
welded to the pontoon columns. The welding is expected to take 
approximately one to two weeks to complete.
    Due to the precise movements necessary to complete this maneuver, 
the limited maneuverability of the barge while loaded with the deck 
box, the need of the barge to maneuver in the main channel for a short 
duration, and the safety concerns while fastening the deck box to the 
columns of the pontoon section, this safety zone will be needed to 
ensure safety during all portions of this evolution. This safety zone 
covers all waters of Portland Harbor within a one hundred yard (100 
yard) radius of the barge L400, the pontoon section of the oilrig 
Amethyst 4 (under construction), assist tugs and participating vessels 
during the movement of the pontoons and barge from the former Bath Iron 
Works Pier 2, Portland, Maine to the former dry-dock basin on the 
southeast edge of Pier 2, and during fastening of the deck box, loaded 
on the barge L400, to the pontoon section.

Regulatory Evaluation

    This temporary final 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 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. The effect of 
this regulation will not be significant for several reasons: the impact 
on the federal channel should only last for approximately four hours, 
there is ample room for vessels to navigate around the zone and 
broadcast notifications will be made to the local maritime community 
informing the public of the boundaries of the zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard 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. For the reasons 
enumerated in the Regulatory Evaluation section above, this safety zone 
will not have a

[[Page 38596]]

significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard offered to 
assist small entities in understanding this temporary final rule so 
that they can better evaluate its effects on them and participate in 
the rulemaking process. If your small business, organization or 
governmental jurisdiction would be affected by this rule, and you have 
questions concerning its provisions or options for compliance, please 
call Lieutenant (Junior Grade) R. F. Pigeon, Marine Safety Office 
Portland, Maine, at (207) 780-3251.
    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 Coast Guard, call 1-888-REG-FAIR (1-
888-734-3247).

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 action. In particular, the Act addresses actions that may 
require expenditure by a State, local or tribal government, in the 
aggregate, or by the private sector of $100,000,000 or more in any one 
year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

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

    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.

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 M16475.1D, this rule is categorically excluded 
from further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

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. It has not been designated by the Administer 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 amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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. Add temporary Sec. 165.T01-064 to read as follows:


Sec. 165.T01-064  Safety Zone; Portland Harbor, Oilrig Construction 
Project.

    (a) Location. All waters of Portland Harbor within a one hundred 
yard (100 yard) radius of the barge L400, the pontoon section of the 
oilrig Amethyst 4 (under construction), assist tugs and participating 
vessels during the movement of the pontoons and barge from the former 
Bath Iron Works Pier 2, Portland, Maine to the former dry-dock basin on 
the southeast edge of Pier 2, and during fastening of the deck box, 
loaded on the barge L400, to the pontoon section.
    (b) Effective date. This rule is effective from June 3, 2002 until 
June 19, 2002.
    (c) Regulations. (1) The general regulations contained in 
Sec. 165.23 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 personnel. U.S. Coast Guard personnel include 
commissioned, warrant and petty officers of the Coast Guard. Upon being 
hailed by U.S. Coast Guard personnel via siren, radio, flashing light, 
bullhorn or other means, the operator of the vessel shall proceed as 
directed.

    Dated: May 29, 2002.
M.P. O'Malley,
Commander, Coast Guard, Captain of the Port.
[FR Doc. 02-14054 Filed 6-4-02; 8:45 am]
BILLING CODE 4910-15-P