Safety Zone; South Portland, ME, Gulf Blasting Project, 10360-10362 [E7-4115]

Download as PDF 10360 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations or anchored in the zone and intend to remain so. (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zones by Federal, State and local agencies. (f) Enforcement period. This section will be enforced from February 5, 2007 until April 15, 2007. Dated: February 28, 2007. Stefan G. Venckus, Chief, Office of Regulations and Administrative Law United States Coast Guard. [FR Doc. E7–3957 Filed 3–7–07; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD01–07–012] RIN 1625–AA00 Safety Zone; South Portland, ME, Gulf Blasting Project Coast Guard, DHS. Temporary final rule. AGENCY: pwalker on PROD1PC71 with RULES ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone around a blasting and dredging project near the Gulf Oil Terminal Berth in South Portland, Maine and around the M/V RELIANCE, while transporting blasting material to the work site. These safety zones are needed to protect persons, facilities, vessels and others in the maritime community from the safety hazards associated with this blasting and dredging project, which is being undertaken to increase the water depth of the Gulf Oil Terminal berth to 41 feet. Entry into this safety zone is prohibited unless authorized by the Captain of the Port, Northern New England. DATES: This rule is effective from 7 a.m. Eastern Standard Time (EST), February 20, 2007 until 4 p.m. Eastern Daylight Time (EDT), March 31, 2007. ADDRESSES: Comments received from the public, as well as documents indicated in this preamble as being available in the docket are part of docket CGD01–07–012 and are available for inspection or copying at U.S. Coast Guard Sector Northern New England, 259 High Street, South Portland, ME 04106 between the hours of 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: LTJG Jarrett Bleacher, at (207) 741–5421. VerDate Aug<31>2005 18:23 Mar 07, 2007 Jkt 211001 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 details of this project were not provided to the Coast Guard until January 25, 2007 making it impossible to publish a NPRM or a final rule 30 days in advance. Similarly, 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. Any delay in implementing this rule would be contrary to the public interest since immediate action is necessary to protect persons, facilities, vessels and others in the maritime community from the safety hazards associated with the handling, detonation, and transportation of explosives. Background and Purpose The explosives loading and blasting operations will occur at various times during the period between February 20, 2007 and March 31, 2007. The blasting plan calls for the drilling, blasting, and dredging of various areas within the berthing area of the Gulf Oil Terminal in South Portland, Maine. The explosives loading will occur at East End Beach at the Eastern Promenade, Portland, Maine, or at the municipal boat ramp at Bug Light Park, South Portland, Maine. The explosives will be transported via truck and M/V RELIANCE to the Gulf Oil Terminal in South Portland where the blasting and dredging project will be conducted. This regulation establishes a moving safety zone in all waters of the Fore River and Casco Bay in a 100 yard radius around the M/V RELIANCE as it transits from the East End Beach or Bug Light Park to the Gulf Facility and from the Gulf Facility back to the East End Beach or Bug Light Park. It also establishes a 100 yard safety zone around the perimeter of the affected portion of the berthing area of the Gulf Oil Terminal while blasting operations are being conducted. This area is defined as all of the waters enclosed by a line starting from a point located at the western side of the Gulf Oil Terminal Dock at latitude 43°39′12.537″ N, longitude 70°14′25.923″ W; thence to latitude 43°39′10.082″ N, longitude 70°14′26.287″ W; thence to latitude 43°39′10.209″ N, longitude 70°14′27.910″ W; thence to latitude 43°39′12.664″ N, longitude 70°14′27.546″ W; thence to the point of beginning.(DATUM:NAD 83). These PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 safety zones are required to protect the maritime community from the hazards associated with the loading, detonation, and transportation of explosives. Entry into this zone will be prohibited unless authorized by the Captain of the Port. Discussion of Rule This rule is effective from 7 a.m. EST on February 20, 2007 until 4 p.m. EDT on March 31, 2007. This safety zone is needed to safeguard mariners from the hazards associated with blasting operations on the designated waters in the Fore River. During the effective period of the safety zone, vessel traffic will be restricted in various portions of the Fore River and Casco Bay while the M/V RELIANCE is in transit and around the perimeter of the affected portion of the Gulf Oil Terminal when blasting operations are taking place. Although the safety zone will be in effect for seven weeks, it will only be enforced during actual transit and 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 transit and blasting operations. Blasting operations are anticipated to occur only two to three times per week between the hours of 7 a.m. and 4 p.m. The moving safety zone around the M/V RELIANCE will be enforced only during the transit of explosives to the site and from the site back to shore with unused explosives. The zone around the perimeter of the work site extends only minimally into the channel and will not effect vessels transiting in or out of the port. The zone around the worksite will be enforced only during the actual blasting times. 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 E:\FR\FM\08MRR1.SGM 08MRR1 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations reasons: the safety zone will be enforced only during the transit of the M/V RELIANCE and during blasting operations. There is adequate room in the channel for vessels to transit during the blasting operations. Vessels will be permitted to transit and navigate in the effected waters when no blasting is taking place, minimizing any adverse impact. Additionally, extensive maritime advisories will be broadcast during the duration of the effective period. pwalker on PROD1PC71 with RULES 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 may affect the following entities, some of which may be small entities: the owners or operators of vessels intending to transit in the safety zone during this demolition event. However, this rule will not have a significant economic impact on a substantial number of small entities due to the minimal time that vessels will be restricted from the area, the ample space available for vessels to maneuver and navigate around the zone, and advance notifications will be made to the local community by marine information broadcasts. 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 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 contact LTJG Jarrett Bleacher at (207)741–5421, Sector Northern New England, Waterways Management Division. 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 VerDate Aug<31>2005 18:23 Mar 07, 2007 Jkt 211001 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 police 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 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 effect 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 10361 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 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 E:\FR\FM\08MRR1.SGM 08MRR1 10362 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 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. This rule fits the category selected from paragraph (34)(g), as it establishes a safety zone. 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. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: I PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 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. 2. Add temporary § 165.T01–012 to read as follows: I pwalker on PROD1PC71 with RULES § 165.T01–012 Safety Zone; Gulf Oil Terminal Dredging Project, South Portland, ME. (a) Location. The following area is a safety zone: All waters of the Fore River and Casco Bay in a 100 yard radius around the M/V RELIANCE as it transits from the East End Beach or Bug Light Park to the Gulf Oil Terminal Facility and from the Gulf Oil Terminal Facility back to the East End Beach or Bug Light Park, while transporting explosives; and, all waters in a 100 yard radius around the perimeter of the berthing area of the Gulf Oil Terminal while blasting operations are being conducted. This area is defined as: All of the waters enclosed by a line starting from a point located at the western side of the Gulf Oil Terminal Dock at latitude 43°39′12.537″ N, longitude 70°14′25.923″ W; thence to latitude 43°39′10.082″ N, longitude 70°14′26.287″ W; thence to latitude 43°39′10.209″ N, longitude 70°14′27.910″ W; thence to latitude 43°39′12.664″ N, longitude 70°14′27.546″ W; thence to the point of beginning. (DATUM: NAD 83). All vessels are restricted from entering this area. (b) Effective Date. This section is effective from 7 a.m. EST on February VerDate Aug<31>2005 18:23 Mar 07, 2007 Jkt 211001 20, 2007 until 4 p.m. EDT on March 31, 2007. (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 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 may contact the COTP or the COTP’s designated representative at telephone number 207–767–0303 or on VHF Channel 13 (156.7 MHz) or VHF channel 16 (156.8 MHz) to seek permission to do so. If permission is granted, all persons and vessels must comply with the instructions given to them by the COTP or the COTP’s designated representative. Dated: February 16, 2007. Stephen P. Garrity, Captain, U.S. Coast Guard, Captain of the Port, Northern New England. [FR Doc. E7–4115 Filed 3–7–07; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 9 RIN 2900–AM36 Traumatic Injury Protection Rider to Servicemembers’ Group Life Insurance Department of Veterans Affairs. Final rule. AGENCY: ACTION: SUMMARY: This document adopts with changes a Department of Veterans Affairs (VA) interim final rule that implemented section 1032 of Public Law 109–13, the ‘‘Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005.’’ Section 1032 of Public Law 109–13 established an automatic traumatic injury protection rider to Servicemembers’ Group Life Insurance (SGLI) for any SGLI insured who sustains a serious traumatic injury that results in certain losses as PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 prescribed by the Secretary of Veterans Affairs in collaboration with the Secretary of Defense. Section 1032(a) is codified at 38 U.S.C. 1980A. Section 1032(c)(1) of Public Law 109–13 also authorized the payment of this traumatic injury benefit (TSGLI) to members of the uniformed services who incurred a qualifying loss between October 7, 2001, and the effective date of section 1032 of Public Law 109–13, i.e., December 1, 2005, provided the loss was a direct result of injuries incurred in Operation Enduring Freedom (OEF) or Operation Iraqi Freedom (OIF). This document modifies § 9.20 of the interim rule to provide that a service member must suffer a scheduled loss within 2 years after a traumatic injury, rather than one year as provided in current § 9.20(d)(4). This document also amends § 9.20(d)(1) to clarify that a service member does not have to be insured under SGLI in order to be eligible for TSGLI based upon incurrence of a traumatic injury between October 7, 2001, and December 1, 2005, if the member’s loss was a direct result of injuries incurred in OEF or OIF. DATES: Effective Date: March 8, 2007. Applicability Date: VA will apply the final rule to injuries incurred in Operation Enduring Freedom or Operation Iraqi Freedom on or after October 7, 2001, through and including November 30, 2005, and to all injuries incurred on or after December 1, 2005. FOR FURTHER INFORMATION CONTACT: Gregory Hosmer, Senior Insurance Specialist/Attorney, Department of Veterans Affairs Regional Office and Insurance Center, P.O. Box 13399, Philadelphia, Pennsylvania 19101, (215) 842–2000 ext. 4280. SUPPLEMENTARY INFORMATION: On December 22, 2005, VA published an interim final rule in the Federal Register (70 FR 75940) to implement section 1032 of Public Law 109–13. We provided a 30-day comment period on the interim final rule, which ended on January 23, 2006. We received comments from only one organization, the Wounded Warrior Project (WWP). WWP stated that it was pleased with the regulation as a whole and with the decision to implement it immediately as an interim final rule, but raised issues WWP believed should be addressed in future versions of the regulation. WWP expressed concern that the definition of ‘‘incurred in Operation Enduring Freedom’’ in § 9.20(b)(2)(i) and ‘‘incurred in Operation Iraqi Freedom’’ in § 9.20(b)(2)(ii) would allow TSGLI benefits for injuries incurred prior to December 1, 2005, only if the service member was deployed outside the E:\FR\FM\08MRR1.SGM 08MRR1

Agencies

[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Rules and Regulations]
[Pages 10360-10362]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4115]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-07-012]
RIN 1625-AA00


Safety Zone; South Portland, ME, Gulf Blasting Project

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 and dredging project near the Gulf Oil Terminal Berth in 
South Portland, Maine and around the M/V RELIANCE, while transporting 
blasting material to the work site. These safety zones are needed to 
protect persons, facilities, vessels and others in the maritime 
community from the safety hazards associated with this blasting and 
dredging project, which is being undertaken to increase the water depth 
of the Gulf Oil Terminal berth to 41 feet. Entry into this safety zone 
is prohibited unless authorized by the Captain of the Port, Northern 
New England.

DATES: This rule is effective from 7 a.m. Eastern Standard Time (EST), 
February 20, 2007 until 4 p.m. Eastern Daylight Time (EDT), March 31, 
2007.

ADDRESSES: Comments received from the public, as well as documents 
indicated in this preamble as being available in the docket are part of 
docket CGD01-07-012 and are available for inspection or copying at U.S. 
Coast Guard Sector Northern New England, 259 High Street, South 
Portland, ME 04106 between the hours of 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Jarrett Bleacher, at (207) 741-
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 details of this project 
were not provided to the Coast Guard until January 25, 2007 making it 
impossible to publish a NPRM or a final rule 30 days in advance.
    Similarly, 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. Any delay in implementing 
this rule would be contrary to the public interest since immediate 
action is necessary to protect persons, facilities, vessels and others 
in the maritime community from the safety hazards associated with the 
handling, detonation, and transportation of explosives.

Background and Purpose

    The explosives loading and blasting operations will occur at 
various times during the period between February 20, 2007 and March 31, 
2007. The blasting plan calls for the drilling, blasting, and dredging 
of various areas within the berthing area of the Gulf Oil Terminal in 
South Portland, Maine. The explosives loading will occur at East End 
Beach at the Eastern Promenade, Portland, Maine, or at the municipal 
boat ramp at Bug Light Park, South Portland, Maine. The explosives will 
be transported via truck and M/V RELIANCE to the Gulf Oil Terminal in 
South Portland where the blasting and dredging project will be 
conducted. This regulation establishes a moving safety zone in all 
waters of the Fore River and Casco Bay in a 100 yard radius around the 
M/V RELIANCE as it transits from the East End Beach or Bug Light Park 
to the Gulf Facility and from the Gulf Facility back to the East End 
Beach or Bug Light Park. It also establishes a 100 yard safety zone 
around the perimeter of the affected portion of the berthing area of 
the Gulf Oil Terminal while blasting operations are being conducted. 
This area is defined as all of the waters enclosed by a line starting 
from a point located at the western side of the Gulf Oil Terminal Dock 
at latitude 43[deg]39'12.537'' N, longitude 70[deg]14'25.923'' W; 
thence to latitude 43[deg]39'10.082'' N, longitude 70[deg]14'26.287'' 
W; thence to latitude 43[deg]39'10.209'' N, longitude 
70[deg]14'27.910'' W; thence to latitude 43[deg]39'12.664'' N, 
longitude 70[deg]14'27.546'' W; thence to the point of 
beginning.(DATUM:NAD 83). These safety zones are required to protect 
the maritime community from the hazards associated with the loading, 
detonation, and transportation of explosives. Entry into this zone will 
be prohibited unless authorized by the Captain of the Port.

Discussion of Rule

    This rule is effective from 7 a.m. EST on February 20, 2007 until 4 
p.m. EDT on March 31, 2007. This safety zone is needed to safeguard 
mariners from the hazards associated with blasting operations on the 
designated waters in the Fore River. During the effective period of the 
safety zone, vessel traffic will be restricted in various portions of 
the Fore River and Casco Bay while the M/V RELIANCE is in transit and 
around the perimeter of the affected portion of the Gulf Oil Terminal 
when blasting operations are taking place. Although the safety zone 
will be in effect for seven weeks, it will only be enforced during 
actual transit and 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 transit and blasting operations. Blasting operations are 
anticipated to occur only two to three times per week between the hours 
of 7 a.m. and 4 p.m. The moving safety zone around the M/V RELIANCE 
will be enforced only during the transit of explosives to the site and 
from the site back to shore with unused explosives. The zone around the 
perimeter of the work site extends only minimally into the channel and 
will not effect vessels transiting in or out of the port. The zone 
around the worksite will be enforced only during the actual blasting 
times. 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

[[Page 10361]]

reasons: the safety zone will be enforced only during the transit of 
the M/V RELIANCE and during blasting operations. There is adequate room 
in the channel for vessels to transit during the blasting operations. 
Vessels will be permitted to transit and navigate in the effected 
waters when no blasting is taking place, minimizing any adverse impact. 
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 may affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
in the safety zone during this demolition event. However, this rule 
will not have a significant economic impact on a substantial number of 
small entities due to the minimal time that vessels will be restricted 
from the area, the ample space available for vessels to maneuver and 
navigate around the zone, and advance notifications will be made to the 
local community by marine information broadcasts.

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 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 contact LTJG Jarrett 
Bleacher at (207)741-5421, Sector Northern New England, Waterways 
Management Division.
    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 police 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 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 effect 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 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

[[Page 10362]]

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. This rule fits the category 
selected from paragraph (34)(g), as it establishes a safety zone. 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.


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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

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1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 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.


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2. Add temporary Sec.  165.T01-012 to read as follows:


Sec.  165.T01-012  Safety Zone; Gulf Oil Terminal Dredging Project, 
South Portland, ME.

    (a) Location. The following area is a safety zone: All waters of 
the Fore River and Casco Bay in a 100 yard radius around the M/V 
RELIANCE as it transits from the East End Beach or Bug Light Park to 
the Gulf Oil Terminal Facility and from the Gulf Oil Terminal Facility 
back to the East End Beach or Bug Light Park, while transporting 
explosives; and, all waters in a 100 yard radius around the perimeter 
of the berthing area of the Gulf Oil Terminal while blasting operations 
are being conducted. This area is defined as: All of the waters 
enclosed by a line starting from a point located at the western side of 
the Gulf Oil Terminal Dock at latitude 43[deg]39'12.537'' N, longitude 
70[deg]14'25.923'' W; thence to latitude 43[deg]39'10.082'' N, 
longitude 70[deg]14'26.287'' W; thence to latitude 43[deg]39'10.209'' 
N, longitude 70[deg]14'27.910'' W; thence to latitude 
43[deg]39'12.664'' N, longitude 70[deg]14'27.546'' W; thence to the 
point of beginning. (DATUM: NAD 83). All vessels are restricted from 
entering this area.
    (b) Effective Date. This section is effective from 7 a.m. EST on 
February 20, 2007 until 4 p.m. EDT on March 31, 2007.
    (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 
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 may contact the COTP or the COTP's designated representative at 
telephone number 207-767-0303 or on VHF Channel 13 (156.7 MHz) or VHF 
channel 16 (156.8 MHz) to seek permission to do so. If permission is 
granted, all persons and vessels must comply with the instructions 
given to them by the COTP or the COTP's designated representative.

    Dated: February 16, 2007.
Stephen P. Garrity,
Captain, U.S. Coast Guard, Captain of the Port, Northern New England.
[FR Doc. E7-4115 Filed 3-7-07; 8:45 am]
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