Safety Zone; Repair of High Voltage Transmission Lines to Logan International Airport, Saugus River, Saugus, MA, 26183-26186 [2011-11057]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Rules and Regulations
jlentini on DSKJ8SOYB1PROD with RULES
Public Meeting
We do not now plan to hold a public
meeting, but you may submit a request
for one using four methods specified
under ADDRESSES. Please explain why
one 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.
Basis and Purpose
Senator Phil Rockefeller and
Representative Christine Rolfes of the
Washington State Legislature have
requested that the operating regulations
of the Hood Canal Bridge be changed in
order to try to provide some relief to
road traffic on State Routes 3 and 104.
Traffic queues south of the eastern end
of the bridge can be long during and
after openings of the drawspan. The
stopped road traffic on this two-lane
highway blocks access to intersecting
streets along the queue.
The operating regulations currently in
effect for the bridge are found at 33 CFR
117.1045. These state that the bridge
shall open on signal if at least one hour
notice is provided and that the draw
shall be opened horizontally for three
hundred feet unless the maximum
opening of 600 feet is requested. The
current regulations remain in effect
except for the establishment of the
restricted period.
Navigation on the waterway consists
of commercial tugs with tows,
recreational vessels of various sizes,
commercial fishing vessels, and U.S.
naval vessels with escort vessels
including those of the U.S. Coast Guard.
This change will not affect naval
vessels or vessels in service to the Navy.
Unlike many other restricted or closed
periods in effect for certain drawbridges,
this restriction will not guarantee the
complete absence of interruptions to
vehicular traffic in the designated hours.
At best it would diminish openings
without eliminating them entirely
during the affected hours.
Approximately, one half of all openings
of the Hood Canal draw are for the
passage of Navy ships, submarines, and
other vessels in service to the Navy. The
movement of vessels for national
security purposes or emergencies cannot
be impeded by drawbridge operating
regulations.
Recreational vessels too tall to pass
under the fixed spans of the bridge
generally ply Hood Canal seasonally.
Most of this taller recreational traffic
occurs from June through September.
These are the only months subject to
this test deviation.
The openings for the full width of this
floating drawspan are much slower than
VerDate Mar<15>2010
16:12 May 05, 2011
Jkt 223001
for a typical bascule type of draw. While
some openings and closings have been
completed within 20 minutes or less,
others have lasted far longer than 30
minutes increasing traffic queues on the
road. Traffic has generally exceeded
1200 vehicles per hour throughout the
week from 9 a.m. to 6 p.m. However,
peak traffic loads are not discernable for
the morning hours as for the afternoon
hours. Draw openings can occur at any
time and do. A further difficulty is that
this variability makes it difficult to
match waterway traffic to peak road
travel times.
For example in June 2010 draw
records show that the Hood Canal
Bridge opened a total of 29 times
including one movement that was for
testing the draw. Of these 16 were for
pleasure craft and the rest were for
military vessels. There were only five
days with more than one opening per
day. July 2010 was busier than June. In
July 43 openings occurred. Five of these
were operational tests. It opened 22
times for pleasure craft, twice for
commercial vessels and 19 times for the
Navy.
For the hours affected by these test
deviation, in July 2010 there were 5
openings for the Navy, 2 for sailboats,
and one for a tug with tow.
The Coast Guard will evaluate public
comments from this Test Deviation as
well as draw records and road traffic
data after the end of the test period. We
may seek to make this change
permanent for the following year or
modify it via a Notice of Proposed
Rulemaking, or maintain the current
regulations based on the effectiveness of
this test for both navigation and road
traffic.
From 3 p.m. to 6 p.m. every day from
3 p.m. on May 27 through 6 p.m. on
September 30, 2011, the draw need not
open for vessels other than those of the
U.S. Navy or vessels attending the
missions of the U.S. Navy. The
established regulations found at 33 CFR
117.1045 remain in effect with that
exception.
This test deviation is authorized
under 33 CFR 117.35. In accordance
with 33 CFR 117.35(e), the Hood Canal
Bridge will return to its regular
operations at the end of the designated
time period.
Dated: April 25, 2011.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2011–11059 Filed 5–5–11; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
26183
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0297]
RIN 1625–AA00
Safety Zone; Repair of High Voltage
Transmission Lines to Logan
International Airport, Saugus River,
Saugus, MA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Saugus River, Lynn, Massachusetts,
within the Captain of the Port (COTP)
Boston Zone to allow for repair of high
voltage transmission lines to Logan
Airport. This safety zone is required to
provide for the safety of life on
navigable waters during the repair of
high voltage transmission lines.
Entering into, transiting through,
mooring or anchoring within this zone
is prohibited unless authorized by the
COTP.
SUMMARY:
This rule is effective from 9 a.m.
on May 7, 2011, to 9 a.m. on May 9,
2011. The regulation will be enforced
from 9 a.m. to 2 p.m. daily on May 7,
2011, and May 8, 2011.
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–2011–0297 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0297 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 MST1 David Labadie
of the Waterways Management Division,
U.S. Coast Guard Sector Boston;
telephone 617–223–3010, e-mail
david.j.labadie@uscg.mil. If you have
questions on viewing material to the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
E:\FR\FM\06MYR1.SGM
06MYR1
26184
Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Rules and Regulations
jlentini on DSKJ8SOYB1PROD with RULES
Regulatory Information
On January 26, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled, Safety Zone; Repair of High
Voltage Transmission Lines to Logan
International Airport, Saugus River,
Saugus, Massachusetts, in the Federal
Register (76 FR 4575–4577). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
On April 8, 2011, we published a final
rule (FR) of the same in the Federal
Register (76 FR 19698–19701). In the
final rule, the safety zone has an
effective date beginning on May 9, 2011.
Based on limited equipment
availability, the repair date schedule has
since been moved up to May 7, 2011
and May 8, 2011.
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
sufficient information regarding the
change of the repair date was not
received in time to publish a NPRM
followed by a final rule before the
effective date, thus making the
publication of a NPRM impractical.
Immediate action is necessary to
provide for the safety of life on
navigable waters during the repair of
high voltage transmission lines.
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 because the safety zone as
currently published, will not be in effect
until after the completion of the repair
operations for which the safety zone is
required. The timeline for this rule is
based on the limited availability of
equipment needed to complete the
repairs. Because of the vital importance
of the repairs to Logan Airport, and the
safety zone necessary to complete those
repairs, delaying this rule would be
contrary to public interest.
Background and Purpose
This rule is necessary to ensure the
safety of vessels and workers from the
hazards associated with work related to
repairs of high voltage transmission
VerDate Mar<15>2010
16:12 May 05, 2011
Jkt 223001
lines over navigable waters. This
temporary safety zone will be in effect
during the repair of the high voltage
transmission lines that feed Logan
Airport. The safety zone will be
enforced immediately before, during
and after the start of the repairs.
National Grid, the transmission line
repair company has specified the repairs
will take place on May 7, 2011 and May
8, 2011, to begin each day at 9 a.m. and
end at 2 p.m.
The COTP will also inform the public
using a variety of means, including
Local Notice to Mariners and Broadcast
Notice to Mariners.
All persons and vessels shall comply
with the instructions of the COTP
Boston or the designated on-scene
representative. Entering into, transiting
through, mooring or anchoring within
the safety zone is prohibited unless
authorized by the COTP Boston or the
designated on scene representative. The
COTP or the designated on scene
representative may be contacted via
VHF Channel 16 or by telephone at
(617) 223–5750.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
The Coast Guard determined that this
rule is not a significant regulatory action
for the following reasons: The safety
zone will be of limited duration, is
located in a waterway that has no deep
draft commercial traffic and is designed
to avoid, to the extent possible, fishing
and recreational boating traffic routes.
Persons and vessels may still enter,
transit through, anchor in, or remain
within the regulated area if they obtain
permission from the COTP or the
designated representative.
Small Entities
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.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not
have a significant economic impact on
a substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to enter, transit
through, moor or anchor in a portion of
the Saugus River during a 48 hour
enforcement period related to repairs of
high voltage transmission lines to Logan
Airport.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: National Grid intends
to make repairs to the high voltage
transmission lines running to Logan
Airport during a 48 hour period
between the hours of 9 a.m. and 2 p.m.
daily. This time window will allow the
local lobster fishing fleet to transit to the
fishing grounds and return home at
night with only minor inconvenience.
The local harbormasters have notified
their tenants in advance of the intended
repairs, thus allowing Saugus River
users to plan accordingly. Vessel traffic
will be allowed to pass through the zone
prior to 9 a.m. and after 2 p.m. and if
necessary through the zone if they first
obtain permission from the COTP.
Before the effective period, we will
issue maritime advisories widely
available to users of the river.
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. If
the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact MST1 David
Labadie at the telephone number or email address indicated under the FOR
FURTHER INFORMATION CONTACT section of
this notice.
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
E:\FR\FM\06MYR1.SGM
06MYR1
Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Rules and Regulations
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 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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.
jlentini on DSKJ8SOYB1PROD with RULES
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.
VerDate Mar<15>2010
16:12 May 05, 2011
Jkt 223001
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 that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
26185
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a safety
zone. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0297 to read as
follows:
■
§ 165.T01–0297 Safety Zone; Repair of
High Voltage Transmission Lines to Logan
International Airport; Saugus River,
Saugus, MA.
(a) General. A temporary safety zone
is established for repair of high voltage
transmission lines to Logan
International Airport; Saugus River,
Saugus, MA:
(1) Location. All waters of the Saugus
River, from surface to bottom, within a
250-yard radius of position 42°26′42″ N;
070°58′14″ W.
(2) Effective Period. This rule is
effective from 9 a.m. on May 7, 2011 to
9 a.m. on May 9, 2011.
(3) Enforcement Period. This rule will
be enforced from 9 a.m. to 2 p.m. daily
on May 7, 2011 and May 8, 2011.
(b) Regulations. (1) In accordance
with the general regulations in Section
165.23 of this part, entry into, transiting
or anchoring within this regulated area
is prohibited unless authorized by the
Captain of the Port (COTP) Boston, or
his designated on-scene representative.
(2) The ‘‘on-scene representative’’ of
the COTP Boston is any Coast Guard
commissioned, warrant, or petty officer
who has been designated by the COTP
Boston to act on his behalf. The onscene representative will be aboard
either a Coast Guard or Coast Guard
Auxiliary vessel. The COTP or the
designated on-scene representative may
be contacted by telephone at 617–223–
5750 or on VHF Channel 16.
(3) Persons and vessels desiring to
enter, transit through, anchor in, or
E:\FR\FM\06MYR1.SGM
06MYR1
26186
Federal Register / Vol. 76, No. 88 / Friday, May 6, 2011 / Rules and Regulations
remain within the regulated area may
request permission from the COTP or
the designated representative by
contacting Sector Boston by telephone
at 617–223–5750 or VHF radio channel
16.
Dated: April 22, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2011–11057 Filed 5–5–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2009–0686; FRL–8865–4]
RIN 2070–AB27
Multi-Walled Carbon Nanotubes;
Significant New Use Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is issuing a significant
new use rule (SNUR) under section
5(a)(2) of the Toxic Substances Control
Act (TSCA) for the chemical substance
identified generically as multi-walled
carbon nanotubes (MWCNT) which was
the subject of premanufacture notice
(PMN) P–08–199. This action requires
persons who intend to manufacture,
import, or process the chemical
substance for a use that is designated as
a significant new use by this final rule
to notify EPA at least 90 days before
commencing that activity. EPA believes
that this action is necessary because the
chemical substance may be hazardous to
human health. The required notification
would provide EPA with the
opportunity to evaluate the intended
use and, if necessary, to prohibit or limit
that activity before it occurs.
DATES: This final rule is effective June
6, 2011.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPPT–2009–0686. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
jlentini on DSKJ8SOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:12 May 05, 2011
Jkt 223001
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPPT
Docket. The OPPT Docket is located in
the EPA Docket Center (EPA/DC) at Rm.
3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number of
the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Docket visitors are required
to show photographic identification,
pass through a metal detector, and sign
the EPA visitor log. All visitor bags are
processed through an X-ray machine
and subject to search. Visitors will be
provided an EPA/DC badge that must be
visible at all times in the building and
returned upon departure.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Jim
Alwood, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–8974; e-mail
address: alwood.jim@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI–Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; e-mail address: TSCAHotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, import,
process, or use the chemical substance
which is the subject of this final rule.
Potentially affected entities may
include, but are not limited to:
• Manufacturers, importers, or
processors of the subject chemical
substance (NAICS codes 325 and
324110), e.g., chemical manufacturing
and petroleum refineries.
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. To determine whether
you or your business may be affected by
this action, you should carefully
examine the applicability provisions in
§ 721.5. If you have any questions
regarding the applicability of this action
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
to a particular entity, consult the
technical person listed under FOR
FURTHER INFORMATION CONTACT.
This action may also affect certain
entities through pre-existing import
certification and export notification
rules under TSCA. Chemical importers
are subject to the TSCA section 13 (15
U.S.C. 2612) import certification
requirements promulgated at 19 CFR
12.118 through 12.127; see also 19 CFR
127.28. Chemical importers must certify
that the shipment of the chemical
substance complies with all applicable
rules and orders under TSCA. For
importers of the chemical substance
subject to this SNUR, those
requirements include the SNUR. The
EPA policy in support of import
certification appears at 40 CFR part 707,
subpart B. In addition, any persons who
export or intend to export the chemical
substance that is the subject of this final
rule are subject to the export
notification provisions of TSCA section
12(b) (15 U.S.C. 2611(b)) (see § 721.20),
and must comply with the export
notification requirements in 40 CFR part
707, subpart D.
II. Background
A. What action is the agency taking?
EPA is finalizing a SNUR under TSCA
section 5(a)(2) for the chemical
substance identified generically (due to
confidentiality claims) as multi-walled
carbon nanotubes (PMN P–08–199).
This action requires persons who intend
to manufacture, import, or process the
subject chemical substance for an
activity that is designated as a
significant new use by this final rule to
notify EPA at least 90 days before
commencing that activity.
Previously, in the Federal Register
issue of February 3, 2010 (75 FR 5546)
(FRL–8796–7), EPA issued a proposed
SNUR on the chemical substance. On
July 28, 2010 (75 FR 44198) (FRL–8828–
3), in order to address public comment
and add information to the docket, EPA
reopened the comment period for 30
days. In response to comments on the
basis for the SNUR, EPA developed a
revised summary document entitled
‘‘Summary of EPA’s Current
Assessments of Health and
Environmental Effects of Carbon
Nanotubes,’’ that specifies EPA’s current
hazard concerns as supported by
available information and data. The
docket for the proposed SNUR on this
chemical substance is found under
docket ID number EPA–HQ–OPPT–
2009–0686. That docket includes
information considered by the Agency
in developing this final rule, including
comments on the rule and the
E:\FR\FM\06MYR1.SGM
06MYR1
]]>Agencies
[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Rules and Regulations]
[Pages 26183-26186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11057]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0297]
RIN 1625-AA00
Safety Zone; Repair of High Voltage Transmission Lines to Logan
International Airport, Saugus River, Saugus, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Saugus River, Lynn, Massachusetts, within the Captain of the Port
(COTP) Boston Zone to allow for repair of high voltage transmission
lines to Logan Airport. This safety zone is required to provide for the
safety of life on navigable waters during the repair of high voltage
transmission lines. Entering into, transiting through, mooring or
anchoring within this zone is prohibited unless authorized by the COTP.
DATES: This rule is effective from 9 a.m. on May 7, 2011, to 9 a.m. on
May 9, 2011. The regulation will be enforced from 9 a.m. to 2 p.m.
daily on May 7, 2011, and May 8, 2011.
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-2011-0297 and are available online by going to
https://www.regulations.gov, inserting USCG-2011-0297 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 MST1 David Labadie of the Waterways
Management Division, U.S. Coast Guard Sector Boston; telephone 617-223-
3010, e-mail david.j.labadie@uscg.mil. If you have questions on viewing
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 26184]]
Regulatory Information
On January 26, 2011, we published a notice of proposed rulemaking
(NPRM) entitled, Safety Zone; Repair of High Voltage Transmission Lines
to Logan International Airport, Saugus River, Saugus, Massachusetts, in
the Federal Register (76 FR 4575-4577). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
On April 8, 2011, we published a final rule (FR) of the same in the
Federal Register (76 FR 19698-19701). In the final rule, the safety
zone has an effective date beginning on May 9, 2011. Based on limited
equipment availability, the repair date schedule has since been moved
up to May 7, 2011 and May 8, 2011.
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because sufficient information regarding the
change of the repair date was not received in time to publish a NPRM
followed by a final rule before the effective date, thus making the
publication of a NPRM impractical. Immediate action is necessary to
provide for the safety of life on navigable waters during the repair of
high voltage transmission lines.
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 because the safety zone as
currently published, will not be in effect until after the completion
of the repair operations for which the safety zone is required. The
timeline for this rule is based on the limited availability of
equipment needed to complete the repairs. Because of the vital
importance of the repairs to Logan Airport, and the safety zone
necessary to complete those repairs, delaying this rule would be
contrary to public interest.
Background and Purpose
This rule is necessary to ensure the safety of vessels and workers
from the hazards associated with work related to repairs of high
voltage transmission lines over navigable waters. This temporary safety
zone will be in effect during the repair of the high voltage
transmission lines that feed Logan Airport. The safety zone will be
enforced immediately before, during and after the start of the repairs.
National Grid, the transmission line repair company has specified the
repairs will take place on May 7, 2011 and May 8, 2011, to begin each
day at 9 a.m. and end at 2 p.m.
The COTP will also inform the public using a variety of means,
including Local Notice to Mariners and Broadcast Notice to Mariners.
All persons and vessels shall comply with the instructions of the
COTP Boston or the designated on-scene representative. Entering into,
transiting through, mooring or anchoring within the safety zone is
prohibited unless authorized by the COTP Boston or the designated on
scene representative. The COTP or the designated on scene
representative may be contacted via VHF Channel 16 or by telephone at
(617) 223-5750.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The safety zone will be of
limited duration, is located in a waterway that has no deep draft
commercial traffic and is designed to avoid, to the extent possible,
fishing and recreational boating traffic routes. Persons and vessels
may still enter, transit through, anchor in, or remain within the
regulated area if they obtain permission from the COTP or the
designated representative.
Small Entities
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, moor or anchor in a portion of the Saugus River during
a 48 hour enforcement period related to repairs of high voltage
transmission lines to Logan Airport.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons:
National Grid intends to make repairs to the high voltage transmission
lines running to Logan Airport during a 48 hour period between the
hours of 9 a.m. and 2 p.m. daily. This time window will allow the local
lobster fishing fleet to transit to the fishing grounds and return home
at night with only minor inconvenience. The local harbormasters have
notified their tenants in advance of the intended repairs, thus
allowing Saugus River users to plan accordingly. Vessel traffic will be
allowed to pass through the zone prior to 9 a.m. and after 2 p.m. and
if necessary through the zone if they first obtain permission from the
COTP. Before the effective period, we will issue maritime advisories
widely available to users of the river.
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. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact MST1 David Labadie at the
telephone number or e-mail address indicated under the FOR FURTHER
INFORMATION CONTACT section of this notice.
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
[[Page 26185]]
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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction. This rule involves the
establishment of a safety zone. An environmental analysis checklist and
a categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0297 to read as follows:
Sec. 165.T01-0297 Safety Zone; Repair of High Voltage Transmission
Lines to Logan International Airport; Saugus River, Saugus, MA.
(a) General. A temporary safety zone is established for repair of
high voltage transmission lines to Logan International Airport; Saugus
River, Saugus, MA:
(1) Location. All waters of the Saugus River, from surface to
bottom, within a 250-yard radius of position 42[deg]26'42'' N;
070[deg]58'14'' W.
(2) Effective Period. This rule is effective from 9 a.m. on May 7,
2011 to 9 a.m. on May 9, 2011.
(3) Enforcement Period. This rule will be enforced from 9 a.m. to 2
p.m. daily on May 7, 2011 and May 8, 2011.
(b) Regulations. (1) In accordance with the general regulations in
Section 165.23 of this part, entry into, transiting or anchoring within
this regulated area is prohibited unless authorized by the Captain of
the Port (COTP) Boston, or his designated on-scene representative.
(2) The ``on-scene representative'' of the COTP Boston is any Coast
Guard commissioned, warrant, or petty officer who has been designated
by the COTP Boston to act on his behalf. The on-scene representative
will be aboard either a Coast Guard or Coast Guard Auxiliary vessel.
The COTP or the designated on-scene representative may be contacted by
telephone at 617-223-5750 or on VHF Channel 16.
(3) Persons and vessels desiring to enter, transit through, anchor
in, or
[[Page 26186]]
remain within the regulated area may request permission from the COTP
or the designated representative by contacting Sector Boston by
telephone at 617-223-5750 or VHF radio channel 16.
Dated: April 22, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2011-11057 Filed 5-5-11; 8:45 am]
BILLING CODE 9110-04-P
