[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Proposed Rules]
[Pages 4575-4577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1572]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0992]
RIN 1625-AAOO


Safety Zone; Repair of High Voltage Transmission Lines to Logan 
International Airport, Saugus River, Saugus, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone on the Saugus River, Lynn, Massachusetts, within the Captain of 
the Port (COTP) Boston Zone to allow for repair of high voltage 
transmission lines to Logan Airport. This safety zone is required to 
provide for the safety of life on navigable waters during the repair of 
high voltage transmission lines. Entering into, transiting through, 
mooring or anchoring within this zone is prohibited unless authorized 
by the COTP.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 25, 2011.
    Requests for public meetings must be received by the Coast Guard on 
or before February 2, 2011.
    See the Supplementary Information for discussion of the anticipated 
effective date.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0992 using any one of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail PO Trevor Hughes of the Waterways Management 
Division, Coast Guard; telephone 617-223-3010, e-mail 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: The Coast Guard anticipates that this 
proposed rule will be effective for six months following the 
publication of the final rule in the Federal Register. The Coast Guard 
will be enforcing this rule for less than a 48 hour period during the 
construction and associated activities related to the actual repair of 
the transmission lines.

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0992), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0992'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0992'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

[[Page 4576]]

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before February 2, 2011 using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact Petty Officer Trevor Hughes at the telephone number or e-mail 
address indicated under the FOR FURTHER INFORMATION CONTACT section of 
this notice.

Basis and Purpose

    This proposed rule is necessary to ensure the safety of vessels and 
workers from the hazards associated with work related to repairs of 
high voltage transmission lines over navigable waters.

Discussion of Proposed Rule

    This proposed temporary safety zone is necessary to ensure the 
safety of vessels, workers and the public during the repair of the high 
voltage transmission lines that feed Logan Airport. The safety zone 
will be enforced immediately before, during, and after the start of the 
repairs. National Grid, the transmission line repair company, has not 
specified the exact date repairs will commence, but they have advised 
the Coast Guard that repairs are planned for a 48 hour period to begin 
each day at 9 a.m. and end at 2 p.m. We expect to receive the repair 
dates during this rulemaking period and will publish them in the final 
rule.
    The COTP will inform the public about the details of the work 
covered by this safety zone using a variety of means, including, but 
not limited to, Broadcast Notice to Mariners and Local Notice to 
Mariners.
    All persons and vessels shall comply with the instructions of the 
COTP Boston or designated on-scene representative. Entering into, 
transiting through, mooring or anchoring within the safety zone is 
prohibited unless authorized by the COTP Boston or his designated on 
scene representative. The COTP or his designated on scene 
representative may be contacted via VHF Channel 16 or by telephone at 
(617) 223-5750.

Regulatory Analyses

    We developed this proposed 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 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.
    The Coast Guard determined that this rule is not a significant 
regulatory action for the following reasons: The safety zone will be of 
limited duration, is located in a waterway that has no deep draft 
traffic and is designed to avoid, to the extent possible, fishing and 
recreational boating traffic routes. In addition, vessels requiring 
entry into the area of the safety zone may be authorized to do so by 
the COTP.

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 would not have a significant economic impact on a substantial 
number of small entities.
    This proposed 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 the Saugus River during 
a 48 hour enforcement period directly related to repairs of high 
voltage transmission lines to Logan Airport.
    This proposed rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. 
National Grid intends to make repairs to the high voltage transmission 
lines running to Logan Airport during a 48 hour period between the 
hours of 9 a.m. and 2 p.m. This time window will allow the local 
lobster fishing fleet to transit to the fishing grounds and return home 
at night without any inconvenience. The enforcement dates will be 
published in the Final Rule. The local harbormasters have notified 
their tenants in advance of the intended repairs, thus allowing Saugus 
River users to plan accordingly. Vessel traffic will be allowed to pass 
through the zone prior to 9 a.m. and after 2 p.m. and if necessary 
through the zone with the permission of the COTP. Before the effective 
period, we will issue maritime advisories widely available to users of 
the river.
    If you think that 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 (Pub. L. 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 PO Trevor Hughes at the 
telephone number or e-mail address indicated under the FOR FURTHER 
INFORMATION CONTACT section of this notice. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

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.).

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 (adjusted for 
inflation) or more in any one year. Though this

[[Page 4577]]

proposed rule would not result in such expenditure, we do discuss the 
effects of this rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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 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 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed 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 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the establishment of a safety zone. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 165 as follows:

PART 165--REGULATED NAVAGATION 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. Chapter 701, 3306, 
3703; 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 Sec.  165.T01-0992 to read as follows:


Sec.  165.T01-0992  Safety Zone; Repair of High Voltage Transmission 
Lines to Logan International Airport; Saugus River, Saugus, MA.

    (a) General. A temporary safety zone is established for the event 
described in paragraph (a)(1):
    (1) Repair of high voltage transmission lines to Logan 
International Airport; Saugus River, Saugus, MA. The temporary safety 
zone includes all waters of the Saugus River, from surface to bottom, 
within a 250-yard radius of position 42[deg]26'42'' N; 070[deg]58'14'' 
W.
    (2) Effective Period. This rule is effective with actual notice 
from: 9 a.m. to 2 p.m. (exact dates will be published in the Final 
Rule).
    (3) Enforcement Period. This rule will be enforced during a 
consecutive 48 hour period: (exact dates will be published in the Final 
Rule).
    (b) Notification.
    Coast Guard Sector Boston will cause notice of the enforcement of 
this proposed temporary safety zone to be made by all appropriate means 
to affect the widest publicity among the affected segments of the 
public, including publication in the Local Notice to Mariners and 
Safety Marine Information Broadcast.
    (c) Regulations.
    (1) In accordance with the general regulations in Section 165.23 of 
this part, entry into, transiting or anchoring within this regulated 
area is prohibited unless authorized by the COTP Boston, or his 
designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP Boston or his designated on-scene 
representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Boston is any Coast Guard commissioned, warrant, or petty officer who 
has been designated by the Captain of the Port Boston to act on his 
behalf. The on-scene representative of the COTP Boston will be aboard 
either a Coast Guard or Coast Guard Auxiliary vessel. The COTP or his 
designated on scene representative may be contacted by telephone at 
617-223-5750 or on VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall request permission to do so by contacting the COTP Sector 
Boston by telephone at 617-223-5750 or on VHF radio channel 16.

    Dated: January 4, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2011-1572 Filed 1-25-11; 8:45 am]
BILLING CODE 9110-04-P