[Federal Register Volume 69, Number 88 (Thursday, May 6, 2004)]
[Rules and Regulations]
[Pages 25317-25319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10354]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-04-040]
RIN 1625-AA00


Safety Zone; Transit of Rig Pride Portland, Portland, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
the oilrig Pride Portland and its assisting tugs during the unmooring 
and outbound transit of the rig from the vicinity of the Portland Ocean 
Terminal in Portland Harbor out to conduct sea trials, the return of 
the rig from sea trials and the final transit out of Portland Harbor 
upon completion of the rig's construction. This safety zone is needed 
to protect persons, facilities, vessels and others in the maritime 
community from the safety hazards associated with the transit of a 
large tow with limited maneuverability. Entry into this safety zone is 
prohibited unless authorized by the Captain of the Port, Portland, 
Maine.

DATES: Effective Date: This rule is effective from April 29, 2004 
through June 30, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-04-040 and are available for 
inspection or copying at Marine Safety Office 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:

Regulatory Information

    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 the complex planning 
and coordination involved, final details for the transit were not 
provided to the Coast Guard until April 23, 2004, making it impossible 
to publish a NPRM or a final rule 30 days in advance.
    Under 5 U.S.C. 533(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 implementing this 
rule would be contrary to the public interest due to the risks inherent 
in the transit of a large rig and assisting tugs with limited 
maneuverability in a narrow channel.

Background and Purpose

    On April 23, 2004 representatives of Petrodrill Engineering NV 
presented the Coast Guard with plans for the transit of the oilrig 
Pride Portland. The rig will be towed from the Portland Ocean Terminal 
in Portland Harbor through the main channel out to sea with the 
assistance tugs. The tentative date for this operation is April 29, 
2004 but may be changed due to weather, winds, or other unexpected 
delays. The rig will remain on sea trials for approximately two weeks 
and will then return to Portland. The tentative date for the return is 
May 15, 2004. Once final repairs and adjustments are made, and 
provisions loaded, the rig will depart Portland Harbor for its final 
destination. The tentative date for this departure is May 29, 2004 but 
may be earlier or later depending upon the necessary repairs, 
adjustments and provision schedules. This safety zone will remain in 
effect anytime the rig is underway, in the process of mooring or 
unmooring in Portland Harbor and during its

[[Page 25318]]

approaches to Portland Harbor in Casco Bay.

Discussion of Rule

    This rule establishes a safety zone 100-yards around the oilrig 
Pride Portland, and any assisting tugs while the rig is in the process 
of mooring or unmooring, or connecting to the tugs in the vicinity of 
the Portland Ocean Terminal in Portland Harbor. When the Pride Portland 
is underway, this rule establishes a safety zone 200-yards ahead, and 
100-yards aside and astern of the oilrig Pride Portland and assisting 
tugs. This safety zone is needed to protect persons, facilities, 
vessels and others in the maritime community from the safety hazards 
associated with the transit of a large oilrig with limited 
maneuverability. The Captain of the Port, Portland, Maine will notify 
the marine community when these zones are being enforced, using marine 
safety information broadcasts and on-scene notifications by Coast Guard 
personnel and patrol vessels.

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 
regulation will not be significant for several reasons: There will be 
impact on the navigational channel for only a minimal amount of time, 
there is room for vessels 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 before 
and during its enforcement periods. During the transits vessels will be 
able to arrange safe passage with the pilot via VHF radio, Channels 13 
or 16.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 
or anchor in a portion of Portland Harbor and the main channel on the 
dates the transits occur.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
nature of this rule will dictate that the safety zone will not impede 
vessel traffic for an extended period of time. Vessel traffic can 
safely pass around the zone.

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 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 the 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 the 
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.

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 M16475.1D, 
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 a 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 record 
keeping

[[Page 25319]]

requirements, Security measures, Waterways.

0
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

0
1. The authority citation for Part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. From April 29, 2004, through June 30, 2004, add temporary section, 
165.T01-040 to read as follows:


Sec.  165.T01-040  Safety Zone; Portland, Maine, Tow of Rig Pride 
Portland.

    (a) Location. The following areas are safety zones: (1) All 
navigable waters of Portland Harbor, extending from the surface to the 
sea floor, within 100-yards of the rig Pride Portland and any assisting 
tugs while the rig Pride Portland is in the process of mooring, 
unmooring or connecting to the tugs in the vicinity of the Portland 
Ocean Terminal in Portland Harbor.
    (2) All navigable waters of Portland Harbor and Casco Bay extending 
from the surface to the sea floor, extending 200-yards ahead, and 100-
yards aside and astern of the rig Pride Portland and any assisting tugs 
while the rig is underway.
    (b) Effective date. This rule is effective from April 29, 2004, 
through June 30, 2004.
    (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 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. The 
COTP or his designated representative will notify the maritime 
community of periods during which these zones will be enforced. 
Emergency response vessels are authorizes to move within the zone, but 
must abide by restrictions imposed by the COTP or his designated 
representative. Upon being hailed by U.S. Coast Guard personnel or a 
U.S. Coast Guard vessel, via siren, radio, flashing light, or other 
means, those hailed shall proceed as directed.
    (3) Entry or movement within this zone is prohibited unless 
authorized by the Captain of the Port, Portland, Maine.

    Dated: April 28, 2004.
Gregory D. Case,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port, 
Portland, Maine.
[FR Doc. 04-10354 Filed 5-5-04; 8:45 am]
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