[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Rules and Regulations]
[Pages 19698-19701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8372]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0992]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing 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.

[[Page 19699]]


DATES: This rule is effective from May 9, 2011 to October 5, 2011. This 
rule will be enforced during a consecutive 48 hour period to begin each 
day at 9 a.m. and end at 2 p.m. with notice of the enforcement of this 
safety zone to be made by all means to affect the widest publicity 
among the affected segments of the public, including publication of a 
Notice of Enforcement in the Federal Register, in the Local Notice to 
Mariners, and in the Safety Marine Information Broadcast.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0992 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0992 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is 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 rule, 
call or e-mail MST1 David Labadie of the Waterways Management Division, 
U.S. Coast Guard Sector Boston; 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: 

Regulatory Information

    On January 26, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled: Safety Zone; Repair of High Voltage Transmission Lines 
to Logan International Airport, Saugus River, Saugus, Massachusetts, in 
the Federal Register (76 FR 4575). We received no comments on the 
proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    This 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. This temporary safety 
zone will be in effect 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 in May, 2011, to 
begin each day at 9 a.m. and end at 2 p.m.
    The COTP will inform the public regarding the exact repair dates 
and details of the work covered by this safety zone using a variety of 
means, including, but not limited to, Notice of Enforcement (NOE) to be 
published in the Federal Register, Broadcast Notice to Mariners and 
Local Notice to Mariners.
    All persons and vessels shall comply with the instructions of the 
COTP Boston or the designated on-scene representative. Entering into, 
transiting through, mooring or anchoring within the safety zone is 
prohibited unless authorized by the COTP Boston or the designated on 
scene representative. The COTP or the designated on scene 
representative may be contacted via VHF Channel 16 or by telephone at 
(617) 223-5750.

Discussion of Comments and Changes

    We received no comments. A change has been made to this rule 
regarding how the Coast Guard will notify the public of the enforcement 
period. We published a NPRM entitled: Safety Zone; Repair of High 
Voltage Transmission Lines to Logan International Airport, Saugus 
River, Saugus, Massachusetts, in the Federal Register (76 FR 4575) on 
January 26, 2011 in which we indicated that we expected to receive the 
repair dates during the rulemaking period and that we would publish 
them in the final rule. National Grid has not yet provided the Coast 
Guard an exact repair date due to their inability to determine the 
availability of the contractors performing the repair work. Thus, the 
Coast Guard is unable to provide the repair dates or the period in 
which we intend to enforce the safety zone in this Final Rule. When the 
exact repair dates are determined, notice of the enforcement of this 
safety zone to be made by all means to affect the widest publicity 
among the affected segments of the public, including publication of a 
Notice of Enforcement in the Federal Register, in the Local Notice to 
Mariners, and in the Safety Marine Information Broadcast.

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.
    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 
commercial traffic and is designed to avoid, to the extent possible, 
fishing and recreational boating traffic routes. Persons and vessels 
may still enter, transit through, anchor in, or remain within the 
regulated area if they obtain permission from the COTP or the 
designated representative.

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 
would 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 or operators of vessels intending to enter, 
transit through, moor or anchor in a portion of the Saugus River during 
a 48 hour enforcement period related to repairs of high voltage 
transmission lines to Logan Airport.
    This 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 with only minor inconvenience. 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

[[Page 19700]]

necessary through the zone if they first obtain permission from 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. We did not receive any comments for this 
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. 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 ST1 David Labadie 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 
rule or any policy or action of the Coast Guard. We did not receive any 
comments for this section.

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). We did not 
receive any comments for this section.

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. We did not receive any comments for this section.

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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble. We did not receive any comments for this section.

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. We did not receive any comments for this section.

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. We did not receive any comments 
for this section.

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. We did not receive any comments for 
this section.

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. We did not receive 
any comments for this section.

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. We did not receive any comments for this 
section.

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. We did not receive 
any comments for this section.

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 
that 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 the 
establishment of a safety zone. An environmental analysis checklist and 
a categorical exclusion determination are available in the docket where 
indicated under ADDRESSES.

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 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(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.

[[Page 19701]]


0
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.
    (i) 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.
    (ii) Effective Period. This rule is effective May 9, 2011 to 
October 10, 2011.
    (iii) Enforcement Period. This rule will be enforced during a 
consecutive 48 hour period to begin each day at 9 a.m. and end at 2 
p.m. with notice of the enforcement of this safety zone to be made by 
all means to affect the widest publicity among the affected segments of 
the public, including publication of a Notice of Enforcement in the 
Federal Register, in the Local Notice to Mariners, and in the Safety 
Marine Information Broadcast.
    (b) 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 the 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 will be aboard either a Coast Guard 
or Coast Guard Auxiliary vessel. The COTP or the designated on scene 
representative may be contacted by telephone at 617-223-5750 or on VHF 
Channel 16.
    (4) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may do so if they obtain 
permission from the COTP or the designated representative by contacting 
the COTP Sector Boston by telephone at 617-223-5750 or VHF radio 
channel 16.

    Dated: March 25, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2011-8372 Filed 4-7-11; 8:45 am]
BILLING CODE 9110-04-P