[Federal Register Volume 67, Number 236 (Monday, December 9, 2002)]
[Rules and Regulations]
[Pages 72840-72842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30928]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-131]
RIN 2115-AA97


Safety and Security Zones; Drilling and Blasting Operations, 
Hubline Project, Captain of the Port Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing temporary safety and security 
zones around the vessels Drillboat No. 8 and Lablift IV to be in effect 
from November 18, 2002 to February 28, 2003. The safety and security 
zones will help protect the public from the hazards of marine blasting 
that will be conducted by these vessels in support of the Hubline Gas 
Pipeline Project, which entails placing a 30-inch, 800-PSI natural gas 
pipeline beneath the sea floor from Danvers, MA to Quincy, MA. These 
zones are in effect only while explosives are on board the vessels and 
closes all waters 600 yards around the Drillboat No. 8 and Lablift IV 1 
hour prior to, during, and one hour after all blasting operations and 
400 yards around the Drillboat No. 8 and Lablift IV while they are 
otherwise operating.

DATES: This rule is effective from 12 a.m. November 18, 2002 through 
11:59 p.m. February 28, 2003. Comments must be received on or before 
January 8, 2003.

ADDRESSES: Comments may be mailed to the Marine Safety Office Boston, 
455 Commercial Street, Boston, MA 02109. All comments and those 
documents indicated in this preamble are available for inspection or 
copying at Marine Safety Office Boston, 455 Commercial Street, Boston, 
MA 02109, between the hours of 8 a.m. and 3 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Daniel Dugery, 
Marine Safety Office Boston, Waterway Safety and Response Division, at 
(617) 223-3000.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD01-02-131) and the specific section of 
this document to which each comment applies, and give the reason for 
each comment.
    Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes. The Coast Guard will consider all comments received during 
the comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Office at the address 
under ADDRESSES. The request should include the reasons why a hearing 
would be beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Regulatory History

    Pursuant to 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 rule effective less than 30 days 
after Federal Register publication because specific information 
regarding the drilling and blasting was not provided to the Coast Guard 
by the Hubline Project until November 6, 2002, making the proposed rule 
too vague to solicit comments, thus impossible to draft or publish a 
NPRM or a final rule 30 days in advance of its effective date. The rule 
is effective immediately as any delay encountered in this regulation's 
effective date would be contrary to public interest since immediate 
action is needed to protect the public from the hazards of marine 
blasting and to protect the vessels Drillboat No. 8 and Lablift IV, 
which will be carrying explosives used in this operation, from possible 
acts of terrorism or other sabotage.
    The zones affect a small area of water only while the drill barges 
are conducting drilling and blasting operations and while the vessels 
are transiting with explosives (on-board) and when they are moored to 
Conley Marine terminal in order to load and discharge explosives.

Background and Purpose

    As part of the Hubline Pipeline Project that will be placing a 30-
inch, 800-PSI natural gas pipeline beneath the sea floor between Salem 
Sound and Quincy Bay, MA, several locations along this planned route 
have areas of bedrock that need to be removed to ensure the placement 
of the pipeline at a specific depth. Algonquin Pipeline and Great Lakes 
Dredge and Dock Company approached the Coast Guard to establish a 
safety and security zone around the Drillboat No. 8 and Lablift IV to 
protect the public and the drill vessels themselves. After meeting with 
all parties involved, the Captain of the Port is placing these safety 
and security zones around the above listed vessels to protect them from 
potential acts of terrorism and to protect the marine public from the 
hazards associated with marine blasting. This rule establishes safety 
and security zones on the waters surrounding the Drillboat No. 8 and 
Lablift IV. The zones extend 600 yards around the vessels one hour 
prior to and after blasting operations and 400 yards while the barge is 
otherwise operating. Blasting operations will take place at various 
locations and at various times along the track line of the project. A 
local notice to mariners and safety marine information broadcast will 
identify the time and location of the blasting and whether the zones 
are in effect. These zones are in effect only while there are 
explosives on board the vessels.
    The safety and security zone around each vessel is in effect from 
November 18, 2002 through February 28, 2003. Marine traffic may safely 
transit outside of the safety and security zone in Broad Sound during 
the effective period and while the vessel in transiting to and from 
Conley Marine Terminal. The Captain of the Port will allow access as 
necessary through the zones where the zones impinge on navigation 
channels within other blasting areas. Public notifications will be made 
via safety marine information broadcasts, local notice to mariners, 
notification of local pilots, and notification of parties in the areas 
that the project will affect as operations proceed.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not

[[Page 72841]]

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, l979). The Coast Guard expects the 
economic impact of this rule to be minimal enough that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary.
    Although this rule prevents traffic from transiting into a portion 
of the above mentioned waters, the effect of this rule will be minimal 
for several reasons: Number of private vessels transiting the area is 
significantly less in the winter months, vessels will only be 
restricted from the safety and security zones during blasting 
operations or when the Drillboat No. 8 and Lablift IV are moored at 
Conley Marine Terminal, South Boston, MA. The majority of the track 
line for the project is in open waters with large areas for vessels to 
transit safely around the project. Advance notifications will be made 
to the local maritime community by safety marine information 
broadcasts, local notice to mariners, contact with local pilots, and 
contact with affected parties.
    For areas of restricted waterways such as inshore areas in Quincy 
Bay, vessels may transit through the zones as necessary with Captain of 
the Port approval, and vessels may safely transit outside of the safety 
and security zones without restriction.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
impact on a substantial number of small entities. The Coast Guard and 
Hubline project contractors have been in contact with local maritime 
concerns and are coordinating activities with entities such as commuter 
boats and fishing associations to minimize any impact the project may 
have on them. 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. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit or anchor in a portion of the above mentioned waters while the 
zones are in effect. For reasons enumerated under the Regulatory 
Evaluation section above this safety zone will not have significant 
economic impact on small entities.

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

    The Coast Guard analyzed this rule under Executive Order 13132, 
Federalism, and has determined that this rule does not have 
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 direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule does not impose an unfunded mandate.

Taking of Private Property

    This rule does 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 sections 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 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 
pose an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed 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 considered the environmental impact of this rule 
and concluded that, under figure 2-1, (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket 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 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.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed 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, and 160.5; 49 CFR 1.46.


    2. Add temporary section 165.T01-131:


Sec.  165.T01-131  Safety and Security Zones; Drilling and Blasting 
Operations, Hubline Project, Captain of the Port Boston, Massachusetts.

    (a) Location. The following areas are safety and security zones 
surrounding the Drillboat No. 8 and Lablift IV while operating in 
Danvers, MA, the Danvers River, Salem Sound, Broad Sound, Nantasket 
Roads, Quincy Bay and Weymouth Fore River to Quincy, MA, Boston Harbor, 
or any location the vessels may have to shelter in emergency 
situations.

[[Page 72842]]

    (1) 600 yards around the vessels Drillboat No. 8 and Lablift IV one 
hour prior to, during, and one hour after all blasting operations;
    (2) 400 yards around the Drillboat No. 8 and Lablift during 
operations other than blasting and while moored at Conley Marine 
Terminal, South Boston, MA for loading and unloading explosives.
    (b) Periods of enforcement. The security and safety zones will be 
enforced only when explosives are on board the Drillboat No. 8 and 
Lablift IV or when loading and unloading operations are in progress.
    (c) Effective date. This section is effective from 12 a.m. November 
18, 2002 through 11:59 p.m. February 28, 2003.
    (d) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 and 33 CFR 
165.33 apply.
    (2) All individuals and vessels 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 including 
commissioned, warrant, and petty officers of the Coast Guard on board 
Coast Guard, Coast Guard Auxiliary, local, state, and federal law 
enforcement vessels.

    Dated: November 15, 2002.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-30928 Filed 12-6-02; 8:45 am]
BILLING CODE 4910-15-P