[Federal Register Volume 67, Number 147 (Wednesday, July 31, 2002)]
[Rules and Regulations]
[Pages 49580-49582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19357]


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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, Maine

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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 in its dredged 
basin hole near the center of the Kennebec River. This safety zone is 
needed to protect the maritime community from the possible hazards to 
navigation associated with positioning a 700-foot dry dock near the 
center of the river to launch and recover large vessels.

DATES: This rule is effective August 1, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD01-01-155 and are available for inspection or 
copying at Marine Safety Office Portland, 103 Commercial Street, 
Portland, Maine 04101 between 8 a.m. and 4 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) R. F. 
Pigeon, Port Operations Department, Captain of the Port, Portland, 
Maine at (207) 780-3251.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On December 26, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Vessel Launches, Bath Iron Works, 
Kennebec River, Bath, ME'' in the Federal Register (66 FR 66380). We 
received no letters commenting on the proposed rule. No public hearing 
was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Any delay in the establishment of 
this rule would be contrary to the public interest as this safety zone 
is necessary immediately to ensure the safety of the maritime community 
during vessel launches currently scheduled for the beginning of August. 
Bath Iron Works has informed the Coast Guard that they will be using 
the dry dock several times in the near future, beginning August 2, 
2002, as they complete work on several large vessels. It is necessary 
to make this rule effective in less than 30 days after publication in 
order to protect the maritime community from the possible hazards to 
navigation associated with positioning a 700-foot dry dock near the 
center of the Kennebec River to launch and recover large vessels.

Background and Purpose

    The Bath Iron Works facility in Bath, Maine acquired a 700-foot dry 
dock to aid in vessel launchings and repairs. This dry dock needs to be 
pulled away from shore and placed in a dredged basin near the center of 
the Kennebec River, approximately 0.5 nm south of the new Bath-Woolwich 
Bridge and just to the east of Trufant Ledge, in order to submerge and 
be able to launch and recover vessels. To accomplish this a series of 
permanent anchors and submerged chains in the river is used. It is 
necessary to restrict vessel movement in this area during deployment to 
protect mariners from this system and any associated vessels involved 
with the deployment.
    This rule establishes a permanent moving safety zone around the dry 
dock

[[Page 49581]]

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.
    This rule also establishes a permanent safety zone around the dry 
dock while it is in its deployed position in the waters of the Kennebec 
River. This safety zone restricts entry into the waters of the Kennebec 
River within a 150-yard radius of 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 Kennebec River to launch and recover large 
vessels.

Discussion of Comments and Changes

    The Coast Guard received no comments for this rulemaking. Only one 
change has been made to the proposed rule in this final rulemaking. The 
NPRM for this rule proposed to redesignate 33 CFR Sec. 165.103 as 
Sec. 165.108 and designate this rule as Sec. 165.103. The Coast Guard, 
in the interim, has revised Sec. 165.103. Rather than moving and 
revising Sec. 165.103 we will add a new section designated as 
Sec. 165.104.

Regulatory Evaluation

    This proposed 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 rule 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 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. 601-612) we have 
considered whether this proposal 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.

For the reasons addressed under Regulatory Evaluation above, the Coast

    Guard expects the impact of this regulation to be minimal and 
certifies under 5 U.S.C. 605(b) that this final rule will not have a 
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), we offered to assist small 
entities in understanding the rule so that they could 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 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 actions. In particular, the Act addresses actions that may 
result in the 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 an 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 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.

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 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.

[[Page 49582]]

Environment

    We have considered the environmental impact of this rule 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.


    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:

PART 165 REGULATED NAVIGATION AREA 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 and 160.5; 49 CFR 1.46.


    2. Add Sec. 165.104 to read as follows:


Sec. 165.104  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. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port, Portland, 
Maine.
    (2) All vessel operators shall comply with the instructions of the 
COTP or the designated on-scene U. S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant and 
petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, local, state and federal law enforcement vessels.
    (c) Notifications. The Captain of the Port will notify the maritime 
community of periods during which this safety zone will be in effect by 
providing advance notice via Marine Safety Information Radio 
Broadcasts.

    Dated: July 25, 2002.
M.P. O'Malley,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 02-19357 Filed 7-30-02; 8:45 am]
BILLING CODE 4910-15-P