[Federal Register Volume 69, Number 180 (Friday, September 17, 2004)]
[Rules and Regulations]
[Pages 55954-55956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20927]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-04-099]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final rule.

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SUMMARY: The Coast Guard is establishing 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 is prohibited 
unless authorized by the Captain of the Port, Portland, Maine.

DATES: This rule is effective from 12:01 a.m. e.d.t. on September 3, 
2004, through 11:59 p.m. e.d.t. on September 30, 2004.

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

[[Page 55955]]

docket CGD01-04-099 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: Ensign J. B. Bleacher, Port Operations 
Department, Marine Safety Office Portland at (207) 780-3251.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 23, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; Wiscasset, Maine, Demolition of Maine 
Yankee former containment building, in the Federal Register (69 FR 
51785). We received no letters commenting on the proposed rule. No 
public meeting was requested, and none was held.
    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 demolition of a large building by controlled implosion.

Background and Purpose

    On July 20, 2004 representatives of Maine Yankee Nuclear Power 
Plant (``Maine Yankee'') 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 September 17, 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.

Discussion of Comments and Changes

    We did not receive any comments on this rulemaking.

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 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 
periods.

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 may affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in this safety zone during this demolition event. 
However, this 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, the ample space available for 
vessels to maneuver and navigate around the zone, and advance 
notifications will be made to the local community by marine information 
broadcasts.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. 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 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

[[Page 55956]]

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.

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 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 
recordkeeping requirements, Security measures, Waterways.

0
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

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. 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 
069[deg]41'42'' W (NAD 83).
    (b) Effective date. This rule is effective from 12:01 a.m. EDT on 
September 3, 2004 to 11:59 p.m. e.d.t. 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 on-scene 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: September 2, 2004.
Gregory D. Case,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port, 
Portland, Maine.
[FR Doc. 04-20927 Filed 9-16-04; 8:45 am]
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