[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Rules and Regulations]
[Pages 65200-65203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17914]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0711]
RIN 1625-AA00


Safety Zone; M/V JACOB PIKE Dead Ship Tow, Harpswell, ME to South 
Portland, ME

AGENCY: Coast Guard, DHS.

[[Page 65201]]


ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
on the navigable waters between Harpswell, ME and South Portland, ME. 
This safety zone will surround the M/V JACOB PIKE, once refloated, and 
dead ship towed from Harpswell, ME though Casco Bay to Turner Island 
Marine Rail located on the Fore River in South Portland, ME. The safety 
zone will extend 200-yards on all sides of the M/V JACOB PIKE during 
the dead ship tow transit. Vessels and people are prohibited from 
entering this safety zone.

DATES: This rule is effective without actual notice from August 9, 2024 
through August 31, 2024. For the purposes of enforcement, actual notice 
will be used from August 6, 2024, until August 9, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0711 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MSTC Zachary Wetzel, Sector Northern New England, U.S. 
Coast Guard; telephone 207-808-9137, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Northern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
M/V Motor Vessel

II. Background Information and Regulatory History

    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 specifics details concerning the salvage 
operations associated with the M/V JACOB PIKE and the subsequent 
transit to a facility were not received in time to publish an NPRM and 
seek comments before the subject transit. Publishing an NPRM and 
delaying the effective date of this rule to await public comments would 
be impracticable and contrary to the public interest since it would 
inhibit the Coast Guard's ability to fulfill its statutory missions to 
protect the safety of the public, and vessels transiting the waters of 
the Casco Bay during the dead ship movement of the M/V JACOB PIKE.
    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. Delaying the effective date of 
this rule would be impractical because immediate action is needed to 
minimize the potential safety hazards associated with the salvage and 
dead ship movement of the M/V JACOB PIKE.

III. Legal Authority and Need for Rule

    Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Northern New England (COTP) has 
determined that potential hazards associated with the salvage recovery 
and dead ship movement of the M/V JACOB PIKE will be a safety concern 
for anyone within 200-yards radius of the M/V JACOB PIKE and any towing 
vessel supporting the operation. This rule is needed to protect 
personnel, vessels, and the marine environment during the salvage 
operation and during the dead ship movement of the M/V JACOB PIKE from 
its location in Harpswell, ME, along its route to Turner Island Marine 
Rail located in South Portland, ME.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone August 6, 2024, 
through August 31, 2024, however the zone will only be enforced while 
the M/V JACOB PIKE, an 83-foot wooden sardine carrier which sank early 
this year, is dead ship towed. The moving 200-yard safety zone will be 
established for the M/V JACOB PIKE and all towing vessels supporting 
its operations during transit from Harpswell, ME though Casco Bay to 
Turner Island Marine Rail located on the Fore River in South Portland, 
ME. Salvage operations are expected to begin August 6, 2024, and take 
three days. Once the M/V JACOB PIKE is raised the dead ship tow transit 
is anticipated to take eight hours. The salvage date and dead ship tow 
transit is tentative and subject to change due to weather or other 
unforeseen circumstances. The Coast Guard is proposing this rule remain 
effective through August 31, 2024, in case the salvage operation is 
delayed due to weather or other unforeseen circumstances. The COTP will 
issue a Broadcast Notice to Mariners via marine channel 16 (VHF-FM) of 
the exact date and times in advance of the enforcement period to the 
local maritime community. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by the dead ship movement of M/V JACOB PIKE while transiting 
the Casco Bay area. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, duration and time-of-day of the safety zone. The zone is 
limited in size, location, and duration as it will cover a portion of 
navigable waters off Harpswell, ME, Casco Bay, and the Fore River in 
South Portland, ME within a 200-yard radius of the vessel M/V JACOB 
PIKE and any towing vessels supporting the operation. The zone is 
limited in scope as vessel traffic may be able to safely transit around 
this safety zone and vessels may seek permission from the COTP to enter 
the zone. The zone is limited in duration in that it will be enforced 
for approximately three days surrounding salvage operations and another 
eight hours for the dead ship tow transit. Moreover, the Coast Guard 
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on

[[Page 65202]]

small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined 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 involves a 
temporary safety zone that will move and prohibit entry within a 200-
yard radius around the recovery of the M/V JACOB PIKE and its dead ship 
tow from Harpswell, ME to South Portland, ME. This zone is expected to 
last approximately eight-hours during the dead ship tow movement. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
preliminary Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T01-0711 to read as follows:


Sec.  165.T01-0711  Safety Zone; M/V JACOB PIKE Dead Ship Tow, 
Harpswell, ME to South Portland, ME.

    (a) Location. The following area is a safety zone: The moving 
safety zone will include all navigable waters off Harpswell, ME, Casco 
Bay, and the Fore River in South Portland, ME, within a 200-yard radius 
of the vessel M/V JACOB PIKE and all towing vessels supporting its 
operations, while transiting to Turner Island Marine Rail located in 
South Portland, ME.
    (b) Definitions. As used in this section, 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 Sector Northern New England (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.

[[Page 65203]]

    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF-FM radio channel 16 or phone at 833-449-2407. 
Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section is effective from noon on 
Tuesday, August 6, 2024, through 11:59 p.m. on Saturday, August 31, 
2024. The safety zone will be enforced while M/V JACOB PIKE and all 
towing vessels supporting its operations are transiting, until safely 
moored at Turner Island Marine Rail, South Portland, ME.

    Dated: August 5, 2024.
Matthew S. Baker,
Captain, U.S. Coast Guard, Captain of the Port Northern New England.
[FR Doc. 2024-17914 Filed 8-8-24; 8:45 am]
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