[Federal Register Volume 68, Number 76 (Monday, April 21, 2003)]
[Rules and Regulations]
[Pages 19355-19357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9722]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-03-019]
RIN 1625-AA00


Safety Zone; Wiscasset, ME, Maine Yankee Reactor Pressure Vessel 
Removal

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in the 
waters of the Back River, Montsweag Bay, between Bailey Point and 
Foxbird Island in Wiscasset, Maine, and around the transport barge 
during its transit to sea. These safety zones are needed to protect 
persons, facilities, vessels and others in the maritime community from 
the safety hazards associated with the handling, loading, and 
transportation of a major component of the Decommissioned Maine Yankee 
Nuclear Plant that is classified as Class 7 Hazardous Waste. Entry into 
these safety zones will be prohibited unless authorized by the Captain 
of the Port, Portland, Maine.

DATES: This rule is effective from 12 a.m. e.d.t. on April 15, 2003, 
until 12 a.m. e.d.t. on June 30, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-03-019 and are available for 
inspection or copying at Marine Safety Office

[[Page 19356]]

Portland, 27 Pearl Street, Portland, ME 04101 between the hours of 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant R. F. Pigeon, Port 
Operations Department, Marine Safety Office Portland at (207) 780-3251.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Due to unpredictable water 
level changes in the Savannah River at the destination port and the 
effect of those changes on the transport's barge ability to transit in 
the Savannah River, the transport barge is now scheduled to arrive much 
earlier than the Coast Guard initially anticipated. Given these 
recently changed navigational conditions, the Coast Guard was unable to 
publish a NPRM in sufficient time before this rulemaking takes effect.
    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. As previously stated, recent and 
unpredictable changes in the water levels in the Savannah River would 
effect the safe transit of the transport barge from the Maine Yankee 
Barge Slip in Wiscasset, Maine to its final destination at the Savannah 
River Site Boat Dock (mile 158). Due to these unpredictable changes in 
the river's navigability, and the barge's arrival occurring earlier 
than previously scheduled, the Coast Guard finds that good cause exists 
for making this temporary rule effective in less than 30 days after 
publication in the Federal Register.

Background and Purpose

    Beginning on approximately May 1, 2003, Duratek/Chem Nuclear, Inc., 
the decommissioning contractor, will load and transport a reactor 
pressure vessel from the Decommissioned Maine Yankee Nuclear Plant onto 
a transport barge at the Maine Yankee barge slip in Wiscasset, Maine 
for shipment to the Savannah River Site Boat Dock (mile 158). The 
transport barge is scheduled to arrive at the Maine Yankee barge slip 
on approximately April 15, 2003. Once loaded, the barge will transit 
the Back River, Sheepscot River and Sheepscot Bay bound for sea. The 
departure date for the barge is expected to be approximately May 8, 
2003.
    These safety zones will be needed to ensure the safety of persons, 
facilities, vessels and others in the maritime community, including 
workers involved with the project, from the hazards associated with the 
handling, loading and transportation of a major component containing 
Class 7 hazardous waste from a decommissioned nuclear power plant onto 
a barge in this small cove. The Back River and Sheepscot River are 
narrow waterways and the tug and barge will require space to be able to 
maneuver safely. This moving safety zone will allow the barge adequate 
room to maneuver and freely transit outbound to sea with this hazardous 
cargo.
    Dates for this project are subject to change based on conditions of 
navigation in the Savannah River necessary to transport the barge to 
its final destination.

Discussion of Rule

    This rule establishes a temporary safety zone in the waters of the 
Back River, Montsweag Bay, within 250 yards of the transport barge 
moored at the Maine Yankee Barge Slip located in the cove between 
Bailey Point and Foxbird Island effective on the date of arrival of the 
barge and expiring upon the barge's departure. The tentative dates for 
arrival and departure are April 15, 2003, and May 8, 2003, 
respectively. This rule has an effective date until June 30, 2003, due 
to the possibility of additional changes in departure schedules.
    This rule also establishes a safety zone 250 yards ahead and 
astern, and 100 yards aside (or to the edge of the navigable channel, 
whichever is less), of the transport barge during its transit outbound 
to sea. Entry into these safety zones will be prohibited unless 
authorized by the Captain of the Port, Portland, Maine.

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 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 Homeland 
Security (DHS).
    We expect 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 DHS is unnecessary. The effect of this rule 
will not be significant for several reasons: there will be minimal 
impact on the navigational channel, there is ample room to navigate 
around the zone, delays, if any, will be minimal, and broadcast 
notifications will be made to the maritime community advising them of 
the boundaries of the zone. During the outbound transit vessels will be 
able to arrange safe passage with the tug and transport barge via VHF 
radio.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit through the safety zones between the dates of April 15, 2003, 
and June 30, 2003. However, these safety zones will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. There is ample room to navigate safely 
around the zones, delays, if any, would be minimal, and broadcast 
notifications will be made to the maritime community advising them of 
the boundaries of the zones.

Collection of Information

    This rule would call 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 proposed 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

[[Page 19357]]

$100,000,000 or more in any one year. Though this proposed rule would 
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 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

    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 might 
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.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of the categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction from further 
environmental documentation. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' will be 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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


0
For the reasons discussed in the preamble, the Coast Guard proposes to 
amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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; Department of Homeland Security 
Delegation No. 0170.


0
2. Add temporary Sec.  165.T01-019 to read as follows:


Sec.  165.T01-019  Safety Zone; Wiscassett, ME, Maine Yankee Reactor 
Pressure Vessel Removal.

    (a) Locations. The following areas are designated as safety zones:
    (1) All waters of the Back River, Montsweag Bay, within 250 yards 
of the transport barge moored at the Maine Yankee Barge Slip located in 
the cove between Bailey Point and Foxbird Island.
    (2) All waters 250 yards ahead and astern, and 100 yards aside (or 
to the edge of the navigable channel, whichever is less) of the 
transport barge during its transit from the Maine Yankee Barge Slip to 
sea. Specifically, this zone will be enforced until the barge passes 
abeam of Hendricks Head Light on Southport Island.
    (b) Effective date. This section is effective from 12 a.m. EDT on 
April 15, 2003 until 12 a.m. EDT on June 30, 2003.
    (c) 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 (COTP), 
Portland, Maine or his designated representative.
    (2) All persons and vessels shall comply with the instructions of 
the COTP, or the designated on-scene U.S. Coast Guard representative. 
On-scene Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, state, and federal law enforcement vessels.

    Dated: April 7, 2003.
Wyman W. Briggs,
Commander, U. S. Coast Guard, Captain of the Port, Portland, Maine, 
Acting.
[FR Doc. 03-9722 Filed 4-18-03; 8:45 am]
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