[Federal Register Volume 75, Number 85 (Tuesday, May 4, 2010)]
[Rules and Regulations]
[Pages 23589-23592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10316]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0290]
RIN 1625-AA00


Safety Zones; Blasting Operations and Movement of Explosives, St. 
Marys River, Sault Sainte Marie, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing four temporary safety zones in 
the vicinity of the downstream approach to the Sault Sainte Marie, 
Michigan locks. All vessels are prohibited from transiting the zones to 
ensure the safety of the maritime community during blasting and 
dredging operations.

DATES: Effective Date: This rule is effective in the CFR from May 4, 
2010 until 10 p.m. August 31, 2010. This rule is effective with actual 
notice for purposes of enforcement beginning 5 a.m. April 23, 2010 
through 10 p.m. August 31, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0290 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0290 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail BMC Gregory Ford, Facility Inspection 
Division, U.S. Coast Guard Sector Sault Sainte Marie; telephone 906-
635-3222, e-mail [email protected]. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the publishing of an NPRM would be 
contrary to public interest, since immediate action is needed to ensure 
the public's safety during blasting and dredging operations. Delaying 
the implementation of the safety zone would subject the public to the 
hazards associated with blasting and dredging operations and the 
movement of explosives for those operations. The danger posed by the 
volume of marine traffic on the Saint Marys River makes safety zone 
regulations necessary. For the safety concerns noted, it is in the 
public interest to have these regulations in effect immediately and 
without waiting for a comment period to run. The Coast Guard will issue 
broadcast notice to mariners to advise vessel operators of navigational 
restrictions. The regular presence of Coast Guard and

[[Page 23590]]

local law enforcement vessels will also provide actual notice to 
mariners.
    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 because to do otherwise, would be 
contrary to the interest of the public by jeopardizing public safety 
during blasting and dredging operations. Immediate action is necessary 
to prevent possible loss of life and property.

Basis and Purpose

    As part of the Sault Sainte Marie replacement lock downstream 
approach channel deepening project, the Army Corps of Engineers must 
blast and dredge portions of the Saint Marys River downstream of the 
Sabin and Davis Locks. Due to the inherent dangers associated with 
blasting and dredging operations, a temporary safety zone is necessary 
to help ensure the safety of the maritime public operating near the 
work site. The worst case potential explosive arc for the work site of 
this project has been calculated to be approximately 975 feet. The 
blasting and dredging operations also require the movement of 
explosives via barge from Sault Sainte Marie, Michigan to the work 
site. Due to the inherent dangers associated with the movement of 
explosives, a safety zone is necessary to help ensure the safety of the 
maritime public operating near the barge when explosives are being 
loaded and while the barge is in transit with explosives onboard. The 
worst case potential explosive arc for safety zone has been calculated 
to be approximately 500 feet. The project is also required to comply 
with applicable state laws and local ordinances.

Discussion of Rule

    The Coast Guard is establishing four temporary safety zones. The 
first temporary safety zone is a fixed zone on the western portion of 
the area where the blasting and dredging operations will be taking 
place. This temporary safety zone applies to the navigable waters 
downstream of the Sabin and Davis Locks, Sault Sainte Marie, Michigan, 
with east and west boundaries starting approximately 250 feet due east 
of the center of the Sabin Lock downstream gate, to approximately 1,750 
feet due east of the center of the Davis Lock downstream gate. The zone 
is further bound by the southern pier face of the Northeast Pier, and 
the northern pier face of the East Center Pier. It also applies to a 
portion of the Army Corps of Engineers hydroelectric power plant 
effluence, and waters surrounding the eastern tip of the Northeast 
Pier. This portion of the zone extends west approximately 1,100 feet 
from the tip of the Northeast Pier, and out to the north, approximately 
150 feet. The zone is bound by the following coordinates: 
46[deg]30'22.50'' N/084[deg]20'40.81'' W; 46[deg]30'22.50'' N/
084[deg]20'29.35'' W; 46[deg]30'20.16'' N/084[deg]20'25.29'' W; 
46[deg]30'18.81'' N/084[deg]20'25.29'' W; 46[deg]30'18.66'' N/
084[deg]20'28.36'' W; 46[deg]30'12.90'' N/084[deg]20'28.36'' W; 
46[deg]30'13.18'' N/084[deg]20'39.17'' W; 46[deg]30'15.27'' N/
084[deg]20'48.17'' W; 46[deg]30'15.45'' N/084[deg]20'51.00'' W; 
46[deg]30'16.41'' N/084[deg]20'51.00'' W; 46[deg]30'16.98'' N/
084[deg]20'40.81'' W; (NAD 83). This zone will be enforced continually 
from 5 a.m. April 23, 2010 through 10 p.m. August 31, 2010.
    The second temporary safety zone is a fixed zone and applies to the 
navigable waters within a radius of 1,100 feet centered on the test 
blast location approximately 600 feet due east of the pier between the 
Sabin and Davis locks, Sault Sainte Marie, Michigan at 
46[deg]30'15.46'' N/084[deg]20'39.12'' W; (NAD 83). This zone will be 
effective from 5 a.m. April 23, 2010 through 10 p.m. May 9, 2010. The 
public will be notified of enforcement of this zone by Broadcast Notice 
to Mariners in accordance with the procedures outlined in this 
regulation.
    The third temporary safety zone is a moving zone and applies to the 
navigable waters within a radius of 500 feet from the barge ``M2'' at 
any time the barge is involved in explosives loading operations or 
while transiting with explosives on board. This zone will be effective 
from 5 a.m. April 23, 2010 through 10 p.m. August 31, 2010. The public 
will be notified of enforcement of this zone by Broadcast Notice to 
Mariners in accordance with the procedures outlined in this regulation.
    The fourth temporary safety zone is a fixed zone on the eastern 
portion of the area where the blasting and dredging operations will be 
taking place. This temporary safety zone applies to the navigable 
waters downstream of the Sabin and Davis Locks, Sault Sainte Marie, 
Michigan, with east and west boundaries starting approximately 1,750 
feet due east of the center of the Davis Lock downstream gate, to 
approximately 2,850 feet due east of the center of the Davis Lock 
downstream gate. The zone is bound to the south by the northern pier 
face of the East Center Pier. The northern boundary of the zone is 
approximately 600 feet north of the East Center Pier. The area is bound 
by the following coordinates: 46[deg]30'18.66'' N/84[deg]20'28.36'' W; 
46[deg]30'19.36'' N/84[deg]20'14.23'' W; 46[deg]30'19.20'' N/
84[deg]20'13.87'' W; 46[deg]30'11.59'' N/84[deg]20'12.96'' W; 
46[deg]30'11.78'' N/84[deg]20'19.53'' W; 46[deg]30'12.69'' N/
84[deg]20'19.68'' W; 46[deg]30'12.90'' N/84[deg]20'28.36'' W; (NAD 83). 
This zone will be effective from 5 a.m. April 23, 2010 through 10 p.m. 
August 31, 2010. The public will be notified of enforcement of this 
zone by Broadcast Notice to Mariners in accordance with the procedures 
outlined in this regulation.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    Although this regulation will restrict access to the areas, the 
effect of the rule will not be significant because maritime traffic 
will be minimally impacted. The water area near the primary work, which 
is protected by the first temporary safety zone, is blocked on three 
sides and receives very little vessel traffic. The remaining zones will 
be enforced as required by blasting and dredging operations, which will 
typically be only during times of reduced vessel traffic.

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.
    The following entities may be affected by this rule, some of which 
may be small entities: The owners or operators of vessels intending to 
operate, transit, or anchor in portions of the Saint Marys River from 
April 23, 2010 through

[[Page 23591]]

August 31, 2010. The safety zones will not have a significant impact on 
a substantial number of small entities for the following reasons: 
Access to most of the primary work zone, which is protected by the 
first temporary safety zone, is blocked on three sides and receives 
very little vessel traffic. The remaining zones will be enforced as 
required by blasting and dredging operations, which will typically be 
only during times of reduced vessel traffic. Plus, the Coast Guard will 
make notifications via maritime advisories so mariners can adjust their 
plans accordingly. Overall, the Coast Guard expects the economic impact 
of this rule to be minimal traffic.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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 (adjusted for 
inflation) 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 cause 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 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves regulations establishing safety 
zones to protect the public from the dangers associated with blasting 
and dredging operations. An environmental analysis checklist and a 
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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


[[Page 23592]]



0
2. Add Sec.  165.T09-0290 to read as follows:


Sec.  165.T09-0290  Safety Zones; Blasting Operations and Movement of 
Explosives, St. Marys River, Sault Sainte Marie, MI.

    (a) Location. The following areas are safety zones:
    (1) All U.S. navigable waters downstream of the Sabin and Davis 
Locks, Sault Sainte Marie, Michigan, with east and west boundaries 
starting approximately 250 feet due east of the center of the Sabin 
Lock downstream gate, to approximately 1,750 feet due east of the 
center of the Davis Lock downstream gate. The zone is further bound by 
the southern pier face of the Northeast Pier, and the northern pier 
face of the East Center Pier. This zone also includes a portion of the 
Army Corps of Engineers hydroelectric power plant effluence, and waters 
surrounding the eastern tip of the Northeast Pier. This portion of the 
zone extends west approximately 1,100 feet from the tip of the 
Northeast Pier, and out to the north, approximately 150 feet. The zone 
is bound by the following coordinates: 46[deg]30'22.50'' N/
084[deg]20'40.81'' W; 46[deg]30'22.50'' N/084[deg]20'29.35'' W; 
46[deg]30'20.16'' N/084[deg]20'25.29'' W; 46[deg]30'18.81'' N/
084[deg]20'25.29'' W; 46[deg]30''18.66'' N/084[deg]20'28.36'' W; 
46[deg]30'12.90'' N/084[deg]20'28.36'' W; 46[deg]30'13.18'' N/
084[deg]20'39.17'' W; 46[deg]30'15.27'' N/084[deg]20'48.17'' W; 
46[deg]30'15.45'' N/084[deg]20'51.00'' W; 46[deg]30'16.41'' N/
084[deg]20'51.00'' W; 46[deg]30'16.98'' N/084[deg]20'40.81'' W; (NAD 
83).
    (2) All U.S. navigable waters within a radius of 1,100 feet 
centered on the test blast location approximately 600 feet due east of 
the pier between the Sabin and Davis locks, Sault Sainte Marie, 
Michigan at 46[deg]30'15.46'' N/084[deg]20'39.12'' W; (NAD 83).
    (3) All U.S. navigable waters within a radius of 500 feet from the 
barge ``M2'' at any time the barge is involved in explosives loading 
operations or while transiting with explosives on board.
    (4) All U.S. navigable waters downstream of the Sabin and Davis 
Locks, Sault Sainte Marie, Michigan, with east and west boundaries 
starting approximately 1,750 feet due east of the center of the Davis 
Lock downstream gate, to approximately 2,850 feet due east of the 
center of the Davis Lock downstream gate. The zone is bound to the 
south by the northern pier face of the East Center Pier. The northern 
boundary of the zone is approximately 600 feet north of the East Center 
Pier. The area is bound by the following coordinates: 46[deg]30'18.66'' 
N/84[deg]20'28.36'' W; 46[deg]30'19.36'' N/84[deg]20'14.23'' W;
    46[deg]30'19.20'' N/84[deg]20'13.87'' W; 46[deg]30'11.59'' N/
84[deg]20'12.96'' W;
    46[deg]30'11.78'' N/84[deg]20'19.53'' W; 46[deg]30'12.69'' N/
84[deg]20'19.68'' W;
    46[deg]30'12.90'' N/84[deg]20'28.36'' W; (NAD 83).
    (b) Effective period. This regulation is effective from 5 a.m. 
April 23, 2010 through 10 p.m. August 31, 2010. The safety zones 
established in paragraph (a) of this section will be enforced as 
follows:
    (1) The zone described in paragraph (a)(1) of this section will be 
enforced continually from 5 a.m. April 23, 2010 through 10 p.m. August 
31, 2010.
    (2) The zone described paragraph (a)(2) of this section will be 
intermittently enforced from 5 a.m. April 23, 2010 through 10 p.m. May 
14, 2010.
    (3) The zone described in paragraph (a)(3) of this section is 
subject to enforcement from 5 a.m. April 23, 2010 through 10 p.m. 
August 31, 2010, any time the barge ``M2'' is transiting with 
explosives on board or involved in explosives loading operations.
    (4) The zone described paragraph (a)(4) of this section will be 
intermittently enforced from 5 a.m. April 23, 2010 through 10 p.m. 
August 31, 2010.
    (5) The Captain of the Port, Sector Sault Sainte Marie may suspend 
at any time the enforcement of any safety zone established under this 
section.
    (6) The Captain of the Port, Sector Sault Sainte Marie, will notify 
the public of the enforcement and suspension of enforcement of a safety 
zone established by this section via any means that will provide as 
much notice as possible to the public. These means might include some 
or all of those listed in 33 CFR 165.7(a). The primary method of 
notification, however, will be through Broadcast Notice to Mariners and 
local Notice to Mariners.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within an enforced safety zone established by this section is 
prohibited unless authorized by the Captain of the Port, Sector Sault 
Sainte Marie, or his on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Sector Sault Sainte Marie, or 
his on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sector Sault Sainte Marie, is any Coast Guard commissioned, warrant or 
petty officer who has been designated by the Captain of the Port, 
Sector Sault Sainte Marie, to act on his behalf. The on-scene 
representative of the Captain of the Port, Sector Sault Sainte Marie, 
will be aboard either a Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter or operate within an 
enforced safety zone shall contact the Captain of the Port, Sector 
Sault Sainte Marie, or his on-scene representative to obtain permission 
to do so. The Captain of the Port, Sector Sault Sainte Marie, or his 
on-scene representative may be contacted via VHF Channel 16. Vessel 
operators given permission to enter or operate in the safety zone must 
comply with all directions given to them by the Captain of the Port, 
Sector Sault Sainte Marie, or his on-scene representative.

    Dated: April 20, 2010.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of the Port, Sector Sault Sainte 
Marie.
[FR Doc. 2010-10316 Filed 5-3-10; 8:45 am]
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