[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Rules and Regulations]
[Pages 67055-67057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19561]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-06-131]
RIN 1625-AA00


Safety Zone; Cocheco River Dredging Project, Cocheco River, NH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
a blasting project between the Upper and Lower Narrows of the Cocheco 
River near Dover, NH. This safety zone is necessary to provide for the 
safety of persons and vessels in the maritime community from the 
hazards associated with a blasting project. Entry into this zone by any 
vessel is prohibited unless specifically authorized by the Captain of 
the Port, Northern New England.

DATES: This rule is effective from 8 a.m. Eastern Standard Time (EST) 
on November 15, 2006 until 4 p.m. Eastern Standard Time (EST) on 
December 30, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-06-131 and are available for 
inspection or copying at U.S. Coast Guard Sector Northern New England, 
259 High Street, South Portland, ME 04106 between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade J. B. 
Bleacher, Prevention Department, Sector Northern New England at (207) 
742-5421.

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. The final details of the 
project were not determined until October 23, 2006 making it impossible 
to publish a NPRM or a final rule 30 days in advance of the desired 
effective dates. Further, postponing the blasting project is 
impractical as ice conditions in the river will increase the difficulty 
of completing this project on schedule. The Coast Guard finds that 
immediate action is needed to protect mariners against the potential 
hazards associated with these blasting operations. Under 5 U.S.C. 
553(d)(3), the Coast Guard also finds, for the same reasons, that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register.

Background and Purpose

    On November 1, 2006, Charter Environmental, Inc. began dredging 
operations on the Cocheco River between the Upper and Lower Narrows in 
order to both widen and deepen the river channel. Ledge areas in the 
river will be removed by drilling and blasting methods. Blasting 
operations are scheduled to begin November 15, 2006 and end on December 
30, 2006. Charter Environmental, Inc. will notify the USCG at least 24 
hours prior to any blasting operation and all blasting will be 
conducted only at high tide. Public notifications will be made during 
the effective period via marine safety information broadcasts. This 
regulation establishes a 100 yard safety zone around all blasting 
areas. Entry into this

[[Page 67056]]

zone will be prohibited unless authorized by the Captain of the Port.

Discussion of Rule

    This rule is effective from 8 a.m. EST on November 15, 2006 until 4 
p.m. EST on December 30, 2006. This safety zone is needed to safeguard 
mariners from the hazards associated with blasting operations on the 
designated waters in the Cocheco River. During the effective period of 
the safety zone, vessel traffic will be restricted in various portions 
of the river, depending on where blasting operations are taking place. 
Although the safety zone will be in effect for six weeks, it will only 
be enforced during actual blasting times. Entry into those zones by any 
vessel is prohibited unless specifically authorized by the Captain of 
the Port, Northern New England.
    The Captain of the Port anticipates negligible negative impact on 
vessel traffic from this temporary safety zone as it will be in effect 
only during blasting operations. Blasting will only be scheduled for 
times of high tide and it is anticipated that if the occasional vessel 
needs to transit with high tide depths it is unlikely that blasting 
will prevent passage during the entire high tide cycle. Further, vessel 
traffic is extremely light at this time of year. It has been determined 
that the enhanced safety to life and property provided by this rule 
greatly outweighs any potential negative impacts. Public notifications 
will be made during the entire effective period of this safety zone via 
marine information broadcasts.

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.
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full regulatory evaluation is unnecessary. The effect of 
this rule will not be significant for the following reasons: the safety 
zone will be enforced only during blasting operations. Vessels will be 
permitted to transit and navigate in the effected waters when no 
blasting is taking place, minimizing any adverse impact. The blasting 
operations are being conducted in winter months when vessel traffic is 
extremely light. Additionally, extensive maritime advisories will be 
broadcast during the duration of the effective period.

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 and operators of vessels intending to 
transit in the vicinity of the Upper and Lower Narrows on the Cocheco 
River. The safety zone will not have a significant impact on a 
substantial number of small entities for the reasons described under 
the Regulatory Evaluation section.

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 this 
rule will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call Lieutenant Junior Grade J. B. 
Bleacher, Prevention Department, Sector Northern New England at (207) 
742-5421.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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 affect 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 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

[[Page 67057]]

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 
systems 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.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 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.T01-131 to read as follows:


Sec.  165.T01-131  Safety Zone; Cocheco River Dredging Project, Cocheco 
River, NH.

    (a) Location. The following area is a safety zone: all waters in 
the Cocheco River, from surface to bottom, between the Upper and Lower 
Narrows within 100 yards of any and all blasting operations. All 
vessels are restricted from entering this area.
    (b) Effective Period. This section is effective from 8 a.m. Eastern 
Standard Time (EST) on November 15, 2006 until 4 p.m. EST on December 
30, 2006.
    (c) Definitions. (1) Designated representative means a Coast Guard 
Patrol Commander, including a Coast Guard coxswain, petty officer, or 
other officer operating a Coast Guard vessel and a Federal, State, and 
local officer designated by or assisting the Captain of the Port 
(COTP).
    (2) [Reserved]
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into or movement within this zone by 
any person or vessel is prohibited unless authorized by the COTP, 
Northern New England or the COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's designated representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zone must comply with all directions given to 
them by the COTP or the COTP's designated representative.

    Dated: November 7, 2006.
Stephen P. Garrity,
Captain, U.S. Coast Guard, Captain of the Port, Northern New England.
 [FR Doc. E6-19561 Filed 11-17-06; 8:45 am]
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