Safety Zone; Munitions and Explosives of Concern (MEC); Seal Island, ME, 46011-46014 [E9-21570]
Download as PDF
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations
The waterway has seasonal
recreational vessels, and commercial
vessels of various sizes.
The owner of the bridge, New Jersey
Department of Transportation, requested
a temporary deviation to facilitate the
replacement of sheaves and wire ropes
at the bridge.
Under this temporary deviation the
Witt Penn Bridge, mile 3.1, across the
Hackensack River may remain in the
closed position for bridge maintenance
from September 8, 2009 through
October 22, 2009. Vessels that can pass
under the bridge without a bridge
opening may do so at all times. This
deviation has been coordinated with the
waterway users.
The contractor will have a crane barge
located at the bridge. The crane barge
will move out of the main channel upon
request after at least a 9 hour advance
notice is given by calling the bridge at
201–795–0631.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: August 27, 2009.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E9–21561 Filed 9–4–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0595]
RIN 1625–AA00
Safety Zone; Munitions and Explosives
of Concern (MEC); Seal Island, ME
Coast Guard, DHS.
Interim rule with request for
comments.
AGENCY:
CPrice-Sewell on DSKGBLS3C1PROD with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a permanent safety zone
around Seal Island, Maine from the
shoreline out to the 60 foot depth curve.
This safety zone prohibits persons and
vessels from entering the designated
area around Seal Island unless
authorized by the Coast Guard Captain
of the Port Northern New England. This
safety zone is necessary to provide for
the safety of life on the navigable waters
around Seal Island by protecting
mariners from the hazards of Munitions
VerDate Nov<24>2008
14:52 Sep 04, 2009
Jkt 217001
and Explosives of Concern (MEC) found
in the area.
DATES: This interim rule is effective
September 8, 2009. Comments and
related material must reach the Coast
Guard on or before December 7, 2009.
Requests for public meetings must be
received by the Coast Guard on or before
September 30, 2009.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–0595 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this interim rule,
call or e-mail Chief Petty Officer Randy
Bucklin, Coast Guard Sector Northern
New England, Waterways Management
Division; telephone 207–741–5440,
e-mail Randy.Bucklin@uscg.mil. 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:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0595),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
46011
www.regulations.gov) or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand delivery, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2009–0595’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit comments by mail or hand
delivery, submit them in an unbound
format, no larger than 8c by 11 inches,
suitable for copying and electronic
filing. If you submit comments by mail
and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
this rule based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2009–
0595’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
E:\FR\FM\08SER1.SGM
08SER1
46012
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
CPrice-Sewell on DSKGBLS3C1PROD with RULES
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before September 30, 2009
using one of the four methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Regulatory Information
The Coast Guard is issuing this
interim 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
‘‘impractical, 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 a
notice and comment period would be
impractical due to the time needed to
conduct a notice and comment period is
contrary to the immediate need to
implement this safety zone because of
the imminent hazards posed by the
Munitions and Explosives of Concern
(MEC). Further, the expeditious
implementation of this rule is in the
public interest because it will help
ensure the safety of those anchoring,
fishing and other users of the waterway
from the dangers of the MEC.
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. As noted above, the Coast
Guard finds that it is both impractical
and contrary to public interest to delay
the effective date of this rule for 30 days
after publication. Immediate action is
needed in order to ensure the safety of
those anchoring, fishing, and otherwise
using the waterway. In addition to
publication in the Federal Register, the
Coast Guard will announce the creation
of this safety zone through local notice
to mariners, marine information
broadcasts and outreach to partner
agencies in the area.
Background and Purpose
Seal Island located to the east of
Matinicus Island off of the coast of
Maine was used as an aerial bombing
VerDate Nov<24>2008
14:52 Sep 04, 2009
Jkt 217001
and target range by the United States
Government. The use as a bombing and
target range ceased; however, recent
exploration of the island and the
surrounding waters led to the discovery
of various munitions and explosives of
concern that present safety hazards to
those who may come in contact with
them. Some of these MECs are located
on Seal Island as well as in the shallow
water immediately surrounding it. A
danger zone currently exists around the
island however it is only enforced
during times of active aerial bombing
exercises which no longer occur. The
regulation for the danger zone can be
found in 33 CFR 334.10.
This regulation will establish a fixed
safety zone around the perimeter of the
affected portions of Seal Island out to
the 60 foot depth curve so as to ensure
mariners do not come into close
proximity with MECs near Seal Island.
This safety zone is necessary to protect
vessels and persons from the hazards
associated with MEC.
Discussion of Rule
This rule creates the following safety
zone for: ‘‘Seal Island Munitions and
Explosives of Concern (MEC).’’ The
safety zone is for all navigable waters of
the Gulf of Maine in the vicinity of Seal
Island, in approximate location latitude
43°53′00″ N, longitude 068°44′00″ W,
extending from the shoreline out to the
60 foot depth curve. The 60 foot curve
can be found on various nautical charts
and is readily apparent on NOAA Chart
13303, Approaches to Penobscot Bay.
Entry into these zones by any person
or vessel will be prohibited unless
specifically authorized by the Captain of
the Port Northern New England, or his
designated representatives. Persons
desiring to enter the safety zone may
request permission to enter from the
Coast Guard Captain of the Port via VHF
Channel 16 or by contacting the Sector
Northern New England Command
Center at (207) 741–5465.
The Coast Guard advises that entry
into, transiting, diving, dredging,
dumping, fishing, trawling, conducting
salvage operations, remaining within or
anchoring in this safety zone is
prohibited unless authorized by the
Captain of the Port Northern New
England or his designated
representatives.
The ‘‘designated representative’’ is
any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port
Northern New England to act on his
behalf.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
Regulatory Analyses
We developed this interim 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 cover only a small portion of
the navigable waters around Seal Island
allowing vessels to operate in all other
portions of the approaches to Penobscot
Bay. In addition, vessels may be
authorized to enter the zone with
permission of the Captain of the Port
Northern New England.
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.
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. This
rule will affect the following entities,
some of which may be small entities:
the owners or operators of vessels
intending to transit, fish, dive, or anchor
in a portion of the Gulf of Maine around
Seal Island.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. Vessel traffic can
pass safely around the safety zone and
operate in all other portions of the
approaches to Penobscot Bay in the Gulf
of Maine. Before the effective period, we
E:\FR\FM\08SER1.SGM
08SER1
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations
will issue maritime advisories widely
available to users of the waterway
transiting in the vicinity of Seal Island.
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.
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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.
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.
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).
CPrice-Sewell on DSKGBLS3C1PROD with RULES
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
VerDate Nov<24>2008
14:52 Sep 04, 2009
Jkt 217001
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
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
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
46013
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
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 this action is one of a
category of actions which 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 safety
zones. An environmental analysis
checklist and a categorical exclusion
determination will be available for
review 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.
■ 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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–
295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
■
2. Add § 165.180 to read as follows:
§ 165.180
Safety Zone; Seal Island, Maine
(a) Location. The following area is a
safety zone: All navigable waters of the
Gulf of Maine in the vicinity of Seal
Island, Maine in approximate location
latitude 43°53′00″ N, longitude
068°44′00″ W, extending from the
shoreline of Seal Island out to the 60
foot depth curve as indicated on
E:\FR\FM\08SER1.SGM
08SER1
46014
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations
nautical charts. Note that the 60 foot
depth curve is readily identifiable on
NOAA chart 13303 (Approaches to
Penobscot Bay).
(b) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply.
(2) Entry into, transiting, diving,
dredging, dumping, fishing, trawling,
conducting salvage operations,
remaining within or anchoring in this
safety zone is prohibited unless
authorized by the Captain of the Port
Northern New England or his
designated representatives.
(3) The ‘‘designated representative’’ is
any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port
Northern New England to act on his
behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone may
contact the Captain of the Port Northern
New England or his designated
representative at the Coast Guard Sector
Northern New England Command
Center via VHF Channel 16 or by phone
at (207) 741–5465 to request permission.
(5) Vessel operators given permission
to enter or operate in the safety zones
must comply with all directions given to
them by the Captain of the Port
Northern New England or his
designated representatives.
entering into, transiting through, or
anchoring within this safety zone unless
authorized by the Captain of the Port, or
his designated representative.
DATES: This rule is effective on
September 13, 2009.
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–2009–0383 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2009–0383 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 temporary
rule, call or e-mail Petty Officer Shane
Jackson, Waterways Management, Coast
Guard; telephone 619–278–7262, e-mail
Shane.E.Jackson@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Dated: July 15, 2009.
J.B. Mcpherson,
Captain, U. S. Coast Guard, Captain of the
Port, Sector Northern New England.
[FR Doc. E9–21570 Filed 9–4–09; 8:45 am]
Regulatory Information
On June 29, 2009 we published a
notice of proposed rulemaking (NPRM)
entitled Safety zone; Paddle for Clean
Water; San Diego; California in the
Federal Register (74 FR 30991). We
received 0 comments on the proposed
rule. No public meeting was requested,
and none was held.
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0383]
RIN 1625–AA00
Safety Zone; Paddle for Clean Water;
San Diego; CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
CPrice-Sewell on DSKGBLS3C1PROD with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone upon the
navigable waters of the Pacific Ocean,
San Diego, CA, in support of a paddling
regatta near the Ocean Beach Pier. This
safety zone is necessary to provide for
the safety of the participants, crew,
spectators, participating vessels, and
other vessels and users of the waterway.
Persons and vessels are prohibited from
VerDate Nov<24>2008
14:52 Sep 04, 2009
Jkt 217001
Background and Purpose
The Surfrider Foundation San Diego
Chapter is sponsoring the Paddle for
Clean Water. The event will consist of
900 to 1000 participants paddling
around the Ocean Beach Pier. The
sponsor will provide rescue vessels, as
well as perimeter safety boats for the
duration of this event. This safety zone
is necessary to provide for the safety of
the participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway.
Discussion of Rule
The Coast Guard is establishing a
safety zone that will be enforced on
September 13, 2009 from 9 a.m. to 4
p.m. The limits of the safety zone will
be as follows:
32°45.00′ N, 117°15.12′ W;
32°45.10′ N, 117°15.30′ W;
32°44.55′ N, 117°15.38′ W;
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
32°44.43′ N, 117°15.19′ W; along the
shoreline to
32°45.00′ N, 117°15.12′ W.
This safety zone is necessary to
provide for the safety of the
participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway. Persons and
vessels will be prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port or
his designated representative.
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. We expect the economic impact
of this temporary final rule to be so
minimal that a full Regulatory
Evaluation is unnecessary. This
determination is based on the size and
location of the safety zone. Commercial
vessels will not be hindered by the
safety zone. Recreational vessels will
not be allowed to transit through the
designated safety zone during the
specified times unless authorized to do
so by the Captain of the Port or his
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 will not have
a significant economic impact on a
substantial number of small entities.
This determination is based on the size
and location of the safety zone.
Commercial vessels will not be
hindered by the safety zone.
Recreational vessels will not be allowed
to transit through the designated safety
zone during the specified times.
E:\FR\FM\08SER1.SGM
08SER1
Agencies
[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Rules and Regulations]
[Pages 46011-46014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21570]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0595]
RIN 1625-AA00
Safety Zone; Munitions and Explosives of Concern (MEC); Seal
Island, ME
AGENCY: Coast Guard, DHS.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a permanent safety zone around
Seal Island, Maine from the shoreline out to the 60 foot depth curve.
This safety zone prohibits persons and vessels from entering the
designated area around Seal Island unless authorized by the Coast Guard
Captain of the Port Northern New England. This safety zone is necessary
to provide for the safety of life on the navigable waters around Seal
Island by protecting mariners from the hazards of Munitions and
Explosives of Concern (MEC) found in the area.
DATES: This interim rule is effective September 8, 2009. Comments and
related material must reach the Coast Guard on or before December 7,
2009. Requests for public meetings must be received by the Coast Guard
on or before September 30, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0595 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call or e-mail Chief Petty Officer Randy Bucklin, Coast Guard
Sector Northern New England, Waterways Management Division; telephone
207-741-5440, e-mail Randy.Bucklin@uscg.mil. 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:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0595), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand delivery, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-0595'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8[frac12] by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0595'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy
[[Page 46012]]
Act notice regarding our public dockets in the January 17, 2008, issue
of the Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before September 30, 2009 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
Regulatory Information
The Coast Guard is issuing this interim 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 ``impractical, 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 a notice and comment period would be
impractical due to the time needed to conduct a notice and comment
period is contrary to the immediate need to implement this safety zone
because of the imminent hazards posed by the Munitions and Explosives
of Concern (MEC). Further, the expeditious implementation of this rule
is in the public interest because it will help ensure the safety of
those anchoring, fishing and other users of the waterway from the
dangers of the MEC.
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. As noted above, the Coast Guard
finds that it is both impractical and contrary to public interest to
delay the effective date of this rule for 30 days after publication.
Immediate action is needed in order to ensure the safety of those
anchoring, fishing, and otherwise using the waterway. In addition to
publication in the Federal Register, the Coast Guard will announce the
creation of this safety zone through local notice to mariners, marine
information broadcasts and outreach to partner agencies in the area.
Background and Purpose
Seal Island located to the east of Matinicus Island off of the
coast of Maine was used as an aerial bombing and target range by the
United States Government. The use as a bombing and target range ceased;
however, recent exploration of the island and the surrounding waters
led to the discovery of various munitions and explosives of concern
that present safety hazards to those who may come in contact with them.
Some of these MECs are located on Seal Island as well as in the shallow
water immediately surrounding it. A danger zone currently exists around
the island however it is only enforced during times of active aerial
bombing exercises which no longer occur. The regulation for the danger
zone can be found in 33 CFR 334.10.
This regulation will establish a fixed safety zone around the
perimeter of the affected portions of Seal Island out to the 60 foot
depth curve so as to ensure mariners do not come into close proximity
with MECs near Seal Island. This safety zone is necessary to protect
vessels and persons from the hazards associated with MEC.
Discussion of Rule
This rule creates the following safety zone for: ``Seal Island
Munitions and Explosives of Concern (MEC).'' The safety zone is for all
navigable waters of the Gulf of Maine in the vicinity of Seal Island,
in approximate location latitude 43[deg]53'00'' N, longitude
068[deg]44[min]00[sec] W, extending from the shoreline out to the 60
foot depth curve. The 60 foot curve can be found on various nautical
charts and is readily apparent on NOAA Chart 13303, Approaches to
Penobscot Bay.
Entry into these zones by any person or vessel will be prohibited
unless specifically authorized by the Captain of the Port Northern New
England, or his designated representatives. Persons desiring to enter
the safety zone may request permission to enter from the Coast Guard
Captain of the Port via VHF Channel 16 or by contacting the Sector
Northern New England Command Center at (207) 741-5465.
The Coast Guard advises that entry into, transiting, diving,
dredging, dumping, fishing, trawling, conducting salvage operations,
remaining within or anchoring in this safety zone is prohibited unless
authorized by the Captain of the Port Northern New England or his
designated representatives.
The ``designated representative'' is any Coast Guard commissioned,
warrant, or petty officer who has been designated by the Captain of the
Port Northern New England to act on his behalf.
Regulatory Analyses
We developed this interim 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 cover
only a small portion of the navigable waters around Seal Island
allowing vessels to operate in all other portions of the approaches to
Penobscot Bay. In addition, vessels may be authorized to enter the zone
with permission of the Captain of the Port Northern New England.
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. 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. This rule will affect the following
entities, some of which may be small entities: the owners or operators
of vessels intending to transit, fish, dive, or anchor in a portion of
the Gulf of Maine around Seal Island.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. Vessel
traffic can pass safely around the safety zone and operate in all other
portions of the approaches to Penobscot Bay in the Gulf of Maine.
Before the effective period, we
[[Page 46013]]
will issue maritime advisories widely available to users of the
waterway transiting in the vicinity of Seal Island.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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 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 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
this action is one of a category of actions which 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
safety zones. An environmental analysis checklist and a categorical
exclusion determination will be available for review 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, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.180 to read as follows:
Sec. 165.180 Safety Zone; Seal Island, Maine
(a) Location. The following area is a safety zone: All navigable
waters of the Gulf of Maine in the vicinity of Seal Island, Maine in
approximate location latitude 43[deg]53'00'' N, longitude
068[deg]44'00'' W, extending from the shoreline of Seal Island out to
the 60 foot depth curve as indicated on
[[Page 46014]]
nautical charts. Note that the 60 foot depth curve is readily
identifiable on NOAA chart 13303 (Approaches to Penobscot Bay).
(b) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) Entry into, transiting, diving, dredging, dumping, fishing,
trawling, conducting salvage operations, remaining within or anchoring
in this safety zone is prohibited unless authorized by the Captain of
the Port Northern New England or his designated representatives.
(3) The ``designated representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
Captain of the Port Northern New England to act on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone may contact the Captain of the Port Northern New England or his
designated representative at the Coast Guard Sector Northern New
England Command Center via VHF Channel 16 or by phone at (207) 741-5465
to request permission.
(5) Vessel operators given permission to enter or operate in the
safety zones must comply with all directions given to them by the
Captain of the Port Northern New England or his designated
representatives.
Dated: July 15, 2009.
J.B. Mcpherson,
Captain, U. S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. E9-21570 Filed 9-4-09; 8:45 am]
BILLING CODE 4910-15-P