[Federal Register Volume 69, Number 162 (Monday, August 23, 2004)]
[Proposed Rules]
[Pages 51785-51787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19251]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-04-099]
RIN 2115-AA00


Safety Zone; Wiscasset, ME, Demolition of Maine Yankee Former 
Containment Building

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
around the former Maine Yankee Nuclear Power Plant during the 
demolition of the containment building. This safety zone is needed to 
protect persons, facilities, vessels and others in the maritime 
community from the safety hazards associated with the demolition of a 
large building by controlled implosion. Entry into this safety zone 
will be prohibited unless authorized by

[[Page 51786]]

the Captain of the Port, Portland, Maine during the specified closure 
periods.

DATE: Comments and related material must reach the Coast Guard on or 
before September 2, 2004.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Portland, 27 Pearl Street, Portland, ME 04101. Marine Safety 
Office Portland maintains the public docket for this rulemaking. 
Comments and materials received from the public, as well as documents 
indicated in this preamble as being available in the docket, will 
become part of the docket and will be available for inspection or 
copying at Marine Safety Office Portland between the hours of 8 a.m. 
EDT and 4 p.m. EDT, Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ensign J. B. Bleacher, Port Operations 
Department, Marine Safety Office Portland at (207) 780-3251.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-04-
099), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Office Portland at 
the address listed under ADDRESSES explaining why one may be 
beneficial. If we determine that one would aid in this rulemaking, we 
will hold one at a time and place announced by a separate notice in the 
Federal Register.

Background and Purpose

    On July 20, 2004 representatives of Maine Yankee Nuclear Power 
Plant presented the Coast Guard with plans for the demolition of a 
former containment building. Maine Yankee plans to use controlled 
explosive charges to bring down the containment building. The tentative 
date for this operation is the second week of September 2004 but may be 
changed earlier or later, due to weather, winds, or other unforeseen 
changes in project scheduling. This safety zone will remain in effect 
approximately one hour before and one hour after the scheduled 
demolition. Due to hazards associated with the demolition of a large 
building, this temporary safety zone will be needed to ensure the 
safety of the maritime community and workers involved with the project 
during all portions of this evolution.
    Start date for this project is scheduled for the second week of 
September 2004, but is subject to change.

Discussion of Proposed Rule

    This proposed rule would establish a safety zone in all navigable 
waters 1000-feet around the former containment building at 321 Old 
Ferry Road, Wiscasset, Maine, from a point located at Latitude 43[deg] 
57' 00'' N, Longitude 069[deg] 41' 42'' W. This safety zone is needed 
to protect persons, facilities, vessels and others in the maritime 
community from the safety hazards associated with the demolition of a 
large building by controlled implosion. The Captain of the Port, 
Portland, Maine will notify the marine community when this zone will be 
enforced using marine safety information broadcasts and on-scene 
notifications by Coast Guard personnel and patrol vessels. The Captain 
of the Port, Portland Maine, using marine safety information 
broadcasts, or on-scene notifications, or both, also will notify the 
marine community when this zone will not be enforced and when a general 
permission to enter is granted.

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 
Homeland Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation of the regulatory policies 
and procedures of DHS is unnecessary. The effect of this proposed 
regulation will not be significant for several reasons: there will be 
impact on the navigational channel for only a minimal amount of time, 
there will be ample space for vessels to navigate around the zone, and 
broadcast notifications will be made to the maritime community advising 
them of the boundaries of the zone before and during its effective 
period.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule will not have a significant economic impact on a substantial 
number of small entities. This proposed rule may affect the following 
entities, some of which may be small entities: the owners or operators 
of vessels intending to transit or anchor in these safety zones during 
this demolition event. However, this proposed rule will not have a 
significant economic impact on a substantial number of small entities 
due to the minimal time that vessels will be restricted from the area, 
there will be ample space for vessels to maneuver and navigate around 
the zone, and advance notifications will be made to the local maritime 
community by marine information broadcasts.
    If you think your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 [Public Law 104-121], we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Ensign J.B. Bleacher, Marine 
Safety Office Portland, at (207) 780-3251.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

[[Page 51787]]

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 $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 proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
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, because it would 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 proposed 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
system practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 draft ``Environmental Analysis Check List'' and a draft 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES. Comments on this section will be 
considered before we make the final decision on whether the rule should 
be categorically excluded from further environmental review.

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 proposes 
to amend 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. 1226, 1231; 46 U.S.C. 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.

    2. Add temporary Sec.  165.T01-099 to read as follows:


Sec.  165.T01-099  Safety Zone; Wiscasset, Maine, Demolition of Maine 
Yankee former containment building.

    (a) Location. The following area is a safety zone: All navigable 
waters within 1000 feet around the former Maine Yankee containment 
building from a point located at Latitude 43[deg]57'00'' N., Longitude 
69[deg]41' 42'' W.
    (b) Effective date. This section is effective from 12:01 a.m. EDT 
on September 1, 2004, to 11:59 p.m. EDT on September 30, 2004.
    (c) Regulations. (1) In accordance with the general regulations 
contained 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 U.S. Coast Guard representative. Designated 
U.S. Coast Guard representatives 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. 
Emergency response vessels are authorized 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: August 6, 2004.
Gregory D. Case,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port, 
Portland, Maine.
[FR Doc. 04-19251 Filed 8-20-04; 8:45 am]
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