Agencies
[Federal Register Volume 73, Number 106 (Monday, June 2, 2008)]
[Rules and Regulations]
[Pages 31363-31366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12175]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0341]
RIN 1625-AA00
Safety Zone; Piscataqua River, Portsmouth, NH, and Kittery, ME;
Frontier Sentinel 2008
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary moving safety zones
around Coast Guard and Navy vessels as well as five fixed safety zones
off to the west and south of Gerrish Island, south of Kittery Point,
east of Jaffrey Point, and east of Odiornes Point during the Frontier
Sentinel Exercise on the Piscataqua River, a homeland security exercise
that will involve underwater equipment and operations. This rule will
establish multiple fixed and moving safety zones that will be enforced
from 8 a.m. to 5 p.m. daily on June 9, 2008 through June 12, 2008 from
the General Sullivan Bridge, U.S. Route 16 to one mile seaward of the
Red ``2KR'' buoy at the mouth of the river. This action is necessary to
protect federal, state, and local assets (including unmanned underwater
vehicles (UUV)) and others in the maritime community from the safety
hazards that may arise from this large scale exercise.
DATES: This rule is effective from 8 a.m. on June 9, 2008 through 5
p.m. on June 12, 2008.
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-2008-0341 and are available online at
www.regulations.gov. This material is also available for inspection or
copying at two locations: 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 and 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 Kevin Miller at (207) 741-5431.
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 a NPRM. In conjunction with
preparations for this exercise, the U.S. Navy and Coast Guard were not
able to finalize the exercise scope, location, and timetables until
April 23, 2008. Therefore, publishing of a proposed rule was not
feasible. Nonetheless, the temporary establishment of the safety zones
established by this rule is in the public interest.
For the same reasons, 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. Immediately
implementing this rule promotes the public interest by protecting the
maritime public and agency participants on the Piscataqua River during
Frontier Sentinel 2008.
Background and Purpose
This rule establishes five fixed safety zones as well as moving
safety zones for the duration of the exercise. The rule is necessary to
protect the federal, state, local, and public entities on the
Piscataqua River during Frontier Sentinel 2008, a large scale mine
countermeasures exercise. The exercise area will encompass all waters
of the Piscataqua River from the General Sullivan Bridge, U.S. Route
16, seaward to one mile past the Red ``2KR'' buoy at the mouth of the
river. Within this exercise area, there will be numerous federal,
state, and local vessels participating with divers and unmanned
underwater vehicles (UUV). The UUV's will be monitored by Coast Guard,
Navy, or state patrol vessels, designated with the blue and white Alpha
(Diver Down) Flag.
Discussion of Rule
The five fixed safety zones will be established where continuous
diving operations will take place during the hours of the exercise.
These fixed safety zones will be located near Gerrish Island, Kittery
Point, Jaffrey Point, and Odiornes Point. The five temporary fixed
safety zones will be enforced between the hours of 8 a.m. to 5 p.m. on
June 9, 2008 through June 12, 2008:
All waters on the Piscataqua River enclosed by a box starting from
a point located south of Kittery Point at latitude 43[deg]04'41'' N,
longitude 70[deg]43'03'' W; thence to latitude 43[deg]04'36'' N,
longitude 70[deg]43'02'' W; thence to latitude 43[deg]04'40'' N,
longitude 70[deg]42'34'' W; thence to latitude 43[deg]04'45'' N,
longitude 70[deg]42'36'' W; thence to the point of beginning.
All waters on the Piscataqua River enclosed by a box starting from
a point located east of Jaffrey Point at latitude 43[deg]03'48'' N,
longitude 70[deg]42'36'' W; thence to latitude 43[deg]03'15'' N,
longitude 70[deg]42'39'' W; thence to latitude 43[deg]03'15'' N,
longitude 70[deg]42'21'' W; thence to latitude 43[deg]03'48'' N,
longitude 70[deg]42'28'' W; thence to the point of beginning.
All waters on the Piscataqua River enclosed by a box starting from
a point located west of Gerrish Island at latitude 43[deg]04'32'' N,
longitude 70[deg]42'09'' W; thence to latitude 43[deg]04'13'' N,
longitude 70[deg]42'05'' W; thence to latitude 43[deg]03'55'' N,
longitude 70[deg]42'04'' W; thence to latitude 43[deg]03'59'' N,
longitude 70[deg]41'53'' W; thence to latitude 43[deg]04'15'' N,
longitude 70[deg]41'56'' W; thence to the point of beginning.
All waters on the Piscataqua River enclosed by a box starting from
a point located east of Odiornes Point at latitude 43[deg]03'05'' N,
longitude 70[deg]42'45'' W; thence to latitude 43[deg]02'32'' N,
longitude 70[deg]42'33'' W; thence to latitude 43[deg]02'40'' N,
longitude 70[deg]42'34'' W; thence to latitude 43[deg]02'40'' N,
longitude 70[deg]42'05'' W; thence to latitude
[[Page 31364]]
43[deg]02'53'' N, longitude 70[deg]42'19'' W; thence to the point of
beginning.
All waters on the Piscataqua River enclosed by a box starting from
a point located south of Gerrish Island at latitude 43[deg]03'21'' N,
longitude 70[deg]41'24'' W; thence to latitude 43[deg]02'46'' N,
longitude 70[deg]41'13'' W; thence to latitude 43[deg]02'46'' N,
longitude 70[deg]39'27'' W; thence to latitude 43[deg]03'32'' N,
longitude 70[deg]40'10'' W; thence to latitude 43[deg]03'27'' N,
longitude 70[deg]40'28'' W; thence to the point of beginning.
All coordinates for these safety zones are North American Datum
1983 (NAD 83).
The temporary moving safety zones will be established as necessary
to encompass Coast Guard, Navy, and state patrol vessels, with a radius
of 100 yards, to ensure the safety of the maritime public from the
hazards associated with the UUV operations. There may be as many as
five simultaneous moving safety zones throughout the operation area.
The establishment and enforcement of these zones will be announced via
a Broadcast Notice to Mariners during the exercise timeframe. These
vessels and their associated UUV's will be operating in the Piscataqua
River from the General Sullivan, U.S. Route 16 bridge, seaward to the
mouth of the river near one mile past the Red ``2KR'' Buoy. The vessels
will be displaying an Alpha (Diver Down) Flag.
Mariners wishing to transit through the moving safety zones must
contact the Captain of the Port (COTP) or the COTP's designated
representative at telephone number 207-767-0303 or contact the
designated Patrol Commander 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
provided by the COTP or the COTP's designated representative.
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 reasons: The safety zone will be of limited duration. The
event is designed to avoid, as much as practicable, deep draft,
fishing, and recreational boating traffic routes. Vessels may be
authorized to transit the zone with permission of the COTP.
Additionally, maritime advisories will be broadcast during the duration
of the effective period. Extensive outreach has been conducted through
the Area Maritime Security Committee, the Area Committee, and the Maine
and New Hampshire Port Safety Forum, as well as focused outreach to key
stakeholders.
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 exercise. 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 (Public Law 104-121), we want to assist small
entities in understanding this temporary 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 Kevin Miller
at (207) 741-5431, 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 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 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
[[Page 31365]]
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 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. A final ``Environmental Analysis
Checklist'' 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, and 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. 701; 50 U.S.C. 191,
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295,
116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T01-0341 to read as follows:
Sec. 165.T01-0341 Safety Zone; Piscataqua River, Portsmouth, NH, and
Kittery, ME; Frontier Sentinel 2008.
(a) Location. The following areas are fixed safety zones:
(1) All waters on the Piscataqua River enclosed by a box starting
from a point located south of Kittery Point at latitude
43[deg]04[min]41[sec] N, longitude 70[deg]43[min]03[sec] W; thence to
latitude 43[deg]04[min]36[sec] N, longitude 70[deg]43[min]02[sec] W;
thence to latitude 43[deg]04[min]40[sec] N, longitude
70[deg]42[min]34[sec] W; thence to latitude 43[deg]04[min]45[sec] N,
longitude 70[deg]42[min]36[sec] W; thence to the point of beginning.
(2) All waters on the Piscataqua River enclosed by a box starting
from a point located east of Jaffrey Point at latitude
43[deg]03[min]48[sec] N, longitude 70[deg]42[min]36[sec] W; thence to
latitude 43[deg]03[min]15[sec] N, longitude 70[deg]42[min]39[sec] W;
thence to latitude 43[deg]03[min]15[sec] N, longitude
70[deg]42[min]21[sec] W; thence to latitude 43[deg]03[min]48[sec] N,
longitude 70[deg]42[min]28[sec] W; thence to the point of beginning.
(3) All waters on the Piscataqua River enclosed by a box starting
from a point located west of Gerrish Island at latitude
43[deg]04[min]32[sec] N, longitude 70[deg]42[min]09[sec] W; thence to
latitude 43[deg]04[min]13[sec] N, longitude 70[deg]42[min]05[sec] W;
thence to latitude 43[deg]03[min]55[sec] N, longitude
70[deg]42[min]04[sec] W; thence to latitude 43[deg]03[min]59[sec] N,
longitude 70[deg]41[min]53[sec] W; thence to latitude
43[deg]04[min]15[sec] N, longitude 70[deg]41[min]56[sec] W; thence to
the point of beginning.
(4) All waters on the Piscataqua River enclosed by a box starting
from a point located east of Odiornes Point at latitude
43[deg]03[min]05[sec] N, longitude 70[deg]42[min]45[sec] W; thence to
latitude 43[deg]02[min]32[sec] N, longitude 70[deg]42[min]33[sec] W;
thence to latitude 43[deg]02[min]40[sec] N, longitude
70[deg]42[min]34[sec] W; thence to latitude 43[deg]02[min]40[sec] N,
longitude 70[deg]42[min]05[sec] W; thence to latitude
43[deg]02[min]53[sec] N, longitude 70[deg]42[min]19[sec] W; thence to
the point of beginning.
(5) All waters on the Piscataqua River enclosed by a box starting
from a point located south of Gerrish Island at latitude
43[deg]03[min]21[sec] N, longitude 70[deg]41[min]24[sec] W; thence to
latitude 43[deg]02[min]46[sec] N, longitude 70[deg]41[min]13[sec] W;
thence to latitude 43[deg]02[min]46[sec] N, longitude
70[deg]39[min]27[sec] W; thence to latitude 43[deg]03[min]32[sec] N,
longitude 70[deg]40[min]10[sec] W; thence to latitude
43[deg]03[min]27[sec] N, longitude 70[deg]40[min]28[sec] W; thence to
the point of beginning.
(6) All vessels and swimmers are restricted from entering these
areas.
(b) Location. The following areas are moving safety zones:
(1) All waters on the Piscataqua River in a moving 100 yard radius
surrounding United States Navy, Coast Guard, and state vessels
displaying an Alpha (Diver Down) Flag from the General Sullivan Bridge,
U.S. Route 16, to one mile past the Red ``2KR'' Buoy.
(2) All vessels and swimmers are restricted from entering these
areas.
(c) Effective Date. This rule is effective from 8 a.m. on June 9,
2008 through 5 p.m. June 12, 2008, and will be enforced from 8 a.m. to
5 p.m. daily during that period.
(d) 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, or local law
enforcement officer designated by or assisting the Captain of the Port
(COTP).
(2) [Reserved]
(e) 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, Sector Northern New
England or the COTP's designated representative.
(2) Vessel operators desiring to enter or operate within the safety
zones may contact the COTP or the COTP's designated representative at
telephone number 207-767-0303 or designated representative 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
[[Page 31366]]
vessels must comply with the instructions provided by the COTP or the
COTP's designated representative.
Dated: May 20, 2008.
J.E. Rendon,
Captain, U.S. Coast Guard, COTP Northern New England.
[FR Doc. E8-12175 Filed 5-30-08; 8:45 am]
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