Safety Zone, Changes to Original Rule; Boston Harbor's Rock Removal Project, Boston Inner Harbor, Boston, MA, 59551-59554 [2012-23855]
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Federal Register / Vol. 77, No. 189 / Friday, September 28, 2012 / Rules and Regulations
southeast to Point 2 in position
27°58′36.12″ N, 82°50′02.70″ W; thence
north to Point 3 in position 28°00′25.92″
N, 82°50′01.26″ W; thence northwest to
Point 4 in position 28°00′26.76″ N,
82°50′07.91″ W; thence south back to
origin. All persons and vessels, except
those persons and vessels participating
in the high speed boat race, are
prohibited from entering, transiting
through, anchoring in, or remaining
within the race area.
(2) Buffer Zone. All waters of the Gulf
of Mexico encompassed within an
imaginary line connecting the following
points: Starting at Point 1 in position
28°00′35″ N, 82°50′14″ W; thence
southeast to Point 2 in position
28°00′29″ N, 82°49′43″ W; thence south
to Point 3 in position 27°58′21″ N,
82°49′52″ W thence northwest to point
4 in position 27°58′30″ N, 82°50′13″ W;
thence north back to origin. All persons
and vessels except those persons and
vessels enforcing the buffer zone are
prohibited from entering, transiting
through, anchoring in, or remaining
within the buffer zone.
(3) Spectator Area. All waters of Gulf
of Mexico excluding the race areas and
buffer zone, enclosed around an area
connected by imaginary lines at the
following points: Starting at Point 1 in
position 27°58′36.12″ N, 82°50′13.61″
W; thence north to Point 2 in position
28°00′28.14″ N, 82°50′14.27″ W; thence
northwest to Point 3 in position
28°00′29.75″ N, 82°50′22.57″ W; thence
south to point 4 in position 27°58′35.17″
N, 82°50′22.37″ W; thence east back to
origin. All vessels are to be anchored
and/or operate at a No Wake Speed in
the spectator area. On-scene designated
representatives will direct spectator
vessels to the spectator area.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port St. Petersburg in the
enforcement of the regulated areas.
(c) Regulations.
(1) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated areas by contacting the
Captain of the Port St. Petersburg by
telephone at (727) 824–7524, or a
designated representative via VHF radio
on channel 16. If authorization is
granted by the Captain of the Port St.
Petersburg or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port St. Petersburg or a
designated representative.
(2) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective Date. This rule is
effective from 9:30 a.m. until 4:30 p.m.
on September 30, 2012.
Dated: September 12, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 2012–23926 Filed 9–27–12; 8:45 am]
BILLING CODE 9110–04–P
59551
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0905]
Safety Zone; Fireworks Event in
Captain of the Port New York Zone
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone in the Captain of the Port
New York Zone on the specified date
and time. This action is necessary to
ensure the safety of vessels and
spectators from hazards associated with
fireworks displays. During the
enforcement period, no person or vessel
may enter the safety zone without
permission of the Captain of the Port
(COTP).
SUMMARY:
The regulation for the safety
zone described in 33 CFR 165.160 will
be enforced on October 9, 2012 as listed
in the table below.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Ensign Kimberly Beisner, Coast
Guard; telephone 718–354–4163, email
Kimberly.A.Beisner@uscg.mil.
DATES:
The Coast
Guard will enforce the safety zone listed
in 33 CFR 165.160 on the specified date
and time as indicated in Table 1 below.
This regulation was published in the
Federal Register on November 9, 2011
(76 FR 69614).
SUPPLEMENTARY INFORMATION:
TABLE 1
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1. KISS Military Tribute ......................................................
Pier 84, Hudson River Safety Zone
33 CFR 165.160(5.9)
Under the provisions of 33 CFR
165.160, a vessel may not enter the
regulated area unless given express
permission from the COTP or the
designated representative. Spectator
vessels may transit outside the regulated
area but may not anchor, block, loiter in,
or impede the transit of other vessels.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice is issued under authority
of 33 CFR 165.160(a) and 5 U.S.C.
552(a). In addition to this notice in the
Federal Register, the Coast Guard will
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• Launch site: A barge located in approximate position 40°45′56.9″ N, 074°00′25.4″
W (NAD 1983), approximately 380 yards west of Pier 84, Manhattan, New York.
• Date: October 9, 2012.
• Time: 9:30 p.m.–10:45 p.m.
provide mariners with advanced
notification of enforcement periods via
the Local Notice to Mariners and marine
information broadcasts. If the COTP
determines that the regulated area need
not be enforced for the full duration
stated in this notice, a Broadcast Notice
to Mariners may be used to grant general
permission to enter the regulated area.
Dated: September 20, 2012.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0767]
RIN 1625–AA00
[FR Doc. 2012–23882 Filed 9–27–12; 8:45 am]
Safety Zone, Changes to Original Rule;
Boston Harbor’s Rock Removal
Project, Boston Inner Harbor, Boston,
MA
BILLING CODE 9110–04–P
AGENCY:
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Coast Guard, DHS.
28SER1
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ACTION:
Federal Register / Vol. 77, No. 189 / Friday, September 28, 2012 / Rules and Regulations
Temporary final rule.
The Coast Guard is
establishing three temporary safety
zones within Sector Boston’s Captain of
the Port (COTP) Zone for the drilling,
blasting, and dredging operation on the
navigable waters of Boston Inner
Harbor, in the main ship channel near
Castle Island. These temporary safety
zones are necessary to enhance
navigation, vessel safety, marine
environmental protection, and provide
for the safety of life on the navigable
waters during the drilling, blasting and
dredging operations in support of the
U.S. Army Corps of Engineers rock
removal project. Entering into, transiting
through, mooring or anchoring within
these safety zones is prohibited unless
authorized by the COTP or the
designated on-scene representative.
DATES: This rule is effective with actual
notice from September 4, 2012, until
September 28, 2012. This rule is
effective in the Code of Federal
Regulations from September 28, 2012
until September 30, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–0767. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ Box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with the
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, call or email Mr. Mark Cutter,
Coast Guard Sector Boston Waterways
Management Division, telephone 617–
223–4000, email
Mark.E.Cutter@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:
SUMMARY:
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Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory History and Information
On August 23, 2012, the Coast Guard
published a temporary final rule
establishing a safety zone for rock
removal operations in Boston Harbor,
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entitled ‘‘Safety Zone; Boston Harbor’s
Rock Removal Project, Boston Inner
Harbor, Boston, MA’’ (77 FR 50916).
This new rule retains the original
provisions of that temporary final rule,
but adds two additional safety zones
necessary for the safety of life at sea.
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. Publication of an NPRM would be
impracticable because critical
information regarding the scope of the
event was not received from the U.S.
Army Corps of Engineers until July 15,
2012, providing insufficient time for the
Coast Guard to solicit public comments
before the start date of the project. A
delay or cancellation of the project in
order to accommodate a notice and
comment period would be contrary to
the public interest because immediate
action is necessary to ensure the safety
of the personnel involved in the rock
removal project and any public vessels
in the vicinity of the drilling, dredging
and blasting operations being
conducted. For the safety concerns
noted, it is in the public interest to have
these regulations in effect during the
rock removal project.
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. For the reasons stated above,
any delay in the effective date of this
rule would expose personnel involved
in the rock removal project and any
public vessels in the vicinity to any
hazards associated with the drilling,
dredging and blasting operations.
B. Basis and Purpose
Starting from August 13, 2012, daily
from 5 a.m. to 8 p.m. until September
30, 2012, the contractor Burnham
Associates Inc. has been conducting
drilling, blasting and dredging
operations in support of the U.S. Army
Corps of Engineers Boston Harbors main
ship channel rock removal project.
The U.S. Army Corps of Engineers
discussed the rock removal project at
the Boston’s Port Operators Group
monthly meeting on July 15, 2012. The
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Coast Guard hosted a meeting on August
2, 2012 inviting stakeholders from the
maritime industry in Boston Harbor to
discuss and mitigate any impacts this
project will have on maritime
community. The feedback from the
meeting was that these safety zones will
have minimum impact on local
mariners based on the location and the
fact that the majority of boating traffic
will be able to transit around the safety
zones and that the vessels involved in
the rock removal operations will move
as needed for deep draft vessels.
The legal basis for the temporary rule
is 33 U.S.C. 1226, 1231, 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; Public Law 107–295, 116 Stat.
2064; and Department of Homeland
Security Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define safety zones.
C. Discussion of Final Rule
The COTP Boston has determined that
hazards associated with the drilling,
dredging and blasting operations pose a
significant risk to safety of life on
navigable waters. Three safety zones
will be established to help ensure the
safety of the personnel involved in the
rock removal project and any public
vessels in the vicinity, and help
minimize associated risks with this
project. For those reasons, safety zones
are being issued to provide for the safety
of life on the navigable waters during
the drilling, blasting and dredging
operations in support of the U.S. Army
Corps of Engineers rock removal project.
The first safety zone will be a 100yard radius around the workboat
‘‘MANTIS’’ while transiting to and from
the work site with explosives onboard.
The second safety zone will be a 100yard radius centered on the various
worksites while actively engaged in
drilling, blasting and dredging
operations are on-going. The final safety
zone will be a 500-yard radius centered
on the worksite on each day of blasting,
to be established once explosives are
laid and ready for detonation, and
subsequently suspended once a
successful detonation has been
confirmed. These safety zones will be
enforced only while the vessel is on
scene conducting operations involved in
the rock removal project in Boston
Harbor’s main ship near Castle Island.
D. 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.
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Federal Register / Vol. 77, No. 189 / Friday, September 28, 2012 / Rules and Regulations
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) Executive Order 12866 or
under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under that
Order.
The Coast Guard has determined that
this rule is not a significant regulatory
action for the following reasons: the
Coast Guard expects minimal adverse
impact to mariners from the activation
of the zones; vessels have sufficient
room to transit around the safety zones,
with exception given to the final zone,
which will stop traffic for short periods
of time each day; the vessel conducting
the operations will move out of the
channel for deep draft vessels that need
to pass through that area and vessels
may enter or pass through the affected
waterway with the permission of the
Captain of the Port (COTP) or the
COTP’s designated on-scene
representative; and notification of these
safety zones will be made to mariners
through the local Notice to Mariners,
Broadcast Notice to Mariners, and by
Safety Marine Information Broadcasts in
advance of the event.
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2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended
requires federal agencies to consider the
potential impact of regulations on small
entitles during rulemaking. 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 for
the following reasons: Vessels have
sufficient room to transit around the
safety zone; the vessel conducting the
operations will move out of the channel
for deep draft vessels that need to pass
through that area and vessels may enter
or pass through the affected waterway
with the permission of the Captain of
the Port (COTP) or the COTP’s
designated on-scene representative;
notification of the safety zone will be
made to mariners through the Local
Notice to Mariners, Broadcast Notice to
Mariners, and by Safety Marine
Information Broadcasts well in advance
of the event.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
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Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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.
4. 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).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that it does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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
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59553
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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ‘‘Significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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
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Federal Register / Vol. 77, No. 189 / Friday, September 28, 2012 / Rules and Regulations
environment. This rule involves the
establishment of three safety zones. This
rule is categorically excluded from
further review under, paragraph 34(g) of
figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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. 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. Revise § 165.T01–0767 to read as
follows:
■
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§ 165.T01–0767 Safety Zone; Boston
Harbor’s Rock Removal Project, Boston
Inner Harbor, Boston, MA.
(a) General. Three temporary safety
zones are established for the Boston
Harbor’s Rock Removal Project as
follows:
(1) Location. (i) All navigable waters
from surface to bottom, within a 100yard radius around the vessel or vessels
conducting drilling, blasting, dredging,
and other related operations related to
rock removal in Boston’s Inner Harbor
near Castle Island.
(ii) All navigable waters from surface
to bottom, with a 100-yard radius
around the vessel ‘‘MANTIS’’ while
transporting explosives to and from the
work site.
(iii) All navigable waters from surface
to bottom, with a 500-yard radius
around the blasting site while setting up
for blasting, blasting, and in the
immediate aftermath.
(2) Definitions. For the purposes of
this section, ‘‘Designated on-scene
representative’’ is any Coast Guard
commissioned, warrant, or petty officer
who has been designated by the Captain
of the Port Boston (COTP) to act on the
COTP’s behalf. The designated
representative may be on an Official
Patrol Vessel. An ‘‘Official Patrol
Vessel’’ may consist of any Coast Guard,
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Coast Guard Auxiliary, state, or local
law enforcement vessels assigned or
approved by the COTP or the designated
on-scene representative may be on shore
and will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(3) Enforcement Period. This rule will
be enforced daily from 5 a.m. to 8 p.m.
from September 4, 2012, until
September 30, 2012.
(b) Regulations. (1) The general
regulations contained in 33 CFR 165.23,
as well as the following regulations,
apply.
(2) No vessels, except for participating
or public vessels, will be allowed to
enter into, transit through, or anchor
within these safety zones without the
permission of the COTP or the
designated on-scene representative.
(3) All persons and vessels shall
comply with the instructions of the
COTP or the designated on-scene
representative. Upon being hailed by a
U.S. Coast Guard vessel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(4) Vessel operators desiring to enter
or operate within the regulated area
shall contact the COTP or the
designated on-scene representative via
VHF channel 16 or 617–223–3201
(Sector Boston command Center) to
obtain permission.
Dated: September 4, 2012.
J.C. O’Connor III,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2012–23855 Filed 9–27–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0448; FRL–9732–2]
Approval and Promulgation of
Implementation Plans; Georgia;
Control Techniques Guidelines and
Reasonably Available Control
Technology
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving four final
State Implementation Plan (SIP)
revisions submitted by the State of
Georgia, through the Georgia
Environmental Protection Division (GA
EPD), to EPA on November 13, 1992,
SUMMARY:
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October 21, 2009 (three separate
submittals on this day), and March 19,
2012. Additionally, EPA is approving a
SIP revision that GA EPD submitted on
July 19, 2012, for parallel processing.
GA EPD submitted the final submission
related to the July 19, 2012, draft SIP
revision on September 7, 2012.
Together, these revisions establish
reasonably available control technology
(RACT) requirements for the major
sources located in the Atlanta, Georgia
1997 8-hour ozone nonattainment area
(hereafter referred to as the ‘‘Atlanta
Area’’) that either emit volatile organic
compounds (VOC), nitrogen oxides
(NOX), or both. Georgia’s SIP revisions
include certain VOC source categories
for which EPA has issued Control
Techniques Guidelines (CTG). EPA has
evaluated the revisions to Georgia’s SIP,
and has made the determination that
they are consistent with the Clean Air
Act (CAA or Act), statutory and
regulatory requirements and EPA
guidance.
DATES: Effective Date: This rule will be
effective October 29, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0448. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information 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
available either electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane
Spann, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9029.
Ms. Spann can also be reached via
electronic mail at spann.jane@epa.gov.
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[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Rules and Regulations]
[Pages 59551-59554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23855]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0767]
RIN 1625-AA00
Safety Zone, Changes to Original Rule; Boston Harbor's Rock
Removal Project, Boston Inner Harbor, Boston, MA
AGENCY: Coast Guard, DHS.
[[Page 59552]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing three temporary safety zones
within Sector Boston's Captain of the Port (COTP) Zone for the
drilling, blasting, and dredging operation on the navigable waters of
Boston Inner Harbor, in the main ship channel near Castle Island. These
temporary safety zones are necessary to enhance navigation, vessel
safety, marine environmental protection, and provide for the safety of
life on the navigable waters during the drilling, blasting and dredging
operations in support of the U.S. Army Corps of Engineers rock removal
project. Entering into, transiting through, mooring or anchoring within
these safety zones is prohibited unless authorized by the COTP or the
designated on-scene representative.
DATES: This rule is effective with actual notice from September 4,
2012, until September 28, 2012. This rule is effective in the Code of
Federal Regulations from September 28, 2012 until September 30, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0767. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' Box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with the rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Mr. Mark Cutter, Coast Guard Sector
Boston Waterways Management Division, telephone 617-223-4000, email
Mark.E.Cutter@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory History and Information
On August 23, 2012, the Coast Guard published a temporary final
rule establishing a safety zone for rock removal operations in Boston
Harbor, entitled ``Safety Zone; Boston Harbor's Rock Removal Project,
Boston Inner Harbor, Boston, MA'' (77 FR 50916). This new rule retains
the original provisions of that temporary final rule, but adds two
additional safety zones necessary for the safety of life at sea.
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. Publication of an NPRM would be impracticable
because critical information regarding the scope of the event was not
received from the U.S. Army Corps of Engineers until July 15, 2012,
providing insufficient time for the Coast Guard to solicit public
comments before the start date of the project. A delay or cancellation
of the project in order to accommodate a notice and comment period
would be contrary to the public interest because immediate action is
necessary to ensure the safety of the personnel involved in the rock
removal project and any public vessels in the vicinity of the drilling,
dredging and blasting operations being conducted. For the safety
concerns noted, it is in the public interest to have these regulations
in effect during the rock removal project.
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. For the reasons stated above, any
delay in the effective date of this rule would expose personnel
involved in the rock removal project and any public vessels in the
vicinity to any hazards associated with the drilling, dredging and
blasting operations.
B. Basis and Purpose
Starting from August 13, 2012, daily from 5 a.m. to 8 p.m. until
September 30, 2012, the contractor Burnham Associates Inc. has been
conducting drilling, blasting and dredging operations in support of the
U.S. Army Corps of Engineers Boston Harbors main ship channel rock
removal project.
The U.S. Army Corps of Engineers discussed the rock removal project
at the Boston's Port Operators Group monthly meeting on July 15, 2012.
The Coast Guard hosted a meeting on August 2, 2012 inviting
stakeholders from the maritime industry in Boston Harbor to discuss and
mitigate any impacts this project will have on maritime community. The
feedback from the meeting was that these safety zones will have minimum
impact on local mariners based on the location and the fact that the
majority of boating traffic will be able to transit around the safety
zones and that the vessels involved in the rock removal operations will
move as needed for deep draft vessels.
The legal basis for the temporary rule is 33 U.S.C. 1226, 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295,
116 Stat. 2064; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to define safety
zones.
C. Discussion of Final Rule
The COTP Boston has determined that hazards associated with the
drilling, dredging and blasting operations pose a significant risk to
safety of life on navigable waters. Three safety zones will be
established to help ensure the safety of the personnel involved in the
rock removal project and any public vessels in the vicinity, and help
minimize associated risks with this project. For those reasons, safety
zones are being issued to provide for the safety of life on the
navigable waters during the drilling, blasting and dredging operations
in support of the U.S. Army Corps of Engineers rock removal project.
The first safety zone will be a 100-yard radius around the workboat
``MANTIS'' while transiting to and from the work site with explosives
onboard. The second safety zone will be a 100-yard radius centered on
the various worksites while actively engaged in drilling, blasting and
dredging operations are on-going. The final safety zone will be a 500-
yard radius centered on the worksite on each day of blasting, to be
established once explosives are laid and ready for detonation, and
subsequently suspended once a successful detonation has been confirmed.
These safety zones will be enforced only while the vessel is on scene
conducting operations involved in the rock removal project in Boston
Harbor's main ship near Castle Island.
D. 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.
[[Page 59553]]
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) Executive Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under that Order.
The Coast Guard has determined that this rule is not a significant
regulatory action for the following reasons: the Coast Guard expects
minimal adverse impact to mariners from the activation of the zones;
vessels have sufficient room to transit around the safety zones, with
exception given to the final zone, which will stop traffic for short
periods of time each day; the vessel conducting the operations will
move out of the channel for deep draft vessels that need to pass
through that area and vessels may enter or pass through the affected
waterway with the permission of the Captain of the Port (COTP) or the
COTP's designated on-scene representative; and notification of these
safety zones will be made to mariners through the local Notice to
Mariners, Broadcast Notice to Mariners, and by Safety Marine
Information Broadcasts in advance of the event.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended requires federal agencies to consider the potential impact of
regulations on small entitles during rulemaking. 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
for the following reasons: Vessels have sufficient room to transit
around the safety zone; the vessel conducting the operations will move
out of the channel for deep draft vessels that need to pass through
that area and vessels may enter or pass through the affected waterway
with the permission of the Captain of the Port (COTP) or the COTP's
designated on-scene representative; notification of the safety zone
will be made to mariners through the Local Notice to Mariners,
Broadcast Notice to Mariners, and by Safety Marine Information
Broadcasts well in advance of the event.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``Significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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
[[Page 59554]]
environment. This rule involves the establishment of three safety
zones. This rule is categorically excluded from further review under,
paragraph 34(g) of figure 2-1 of the Commandant Instruction. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
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. 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. Revise Sec. 165.T01-0767 to read as follows:
Sec. 165.T01-0767 Safety Zone; Boston Harbor's Rock Removal Project,
Boston Inner Harbor, Boston, MA.
(a) General. Three temporary safety zones are established for the
Boston Harbor's Rock Removal Project as follows:
(1) Location. (i) All navigable waters from surface to bottom,
within a 100-yard radius around the vessel or vessels conducting
drilling, blasting, dredging, and other related operations related to
rock removal in Boston's Inner Harbor near Castle Island.
(ii) All navigable waters from surface to bottom, with a 100-yard
radius around the vessel ``MANTIS'' while transporting explosives to
and from the work site.
(iii) All navigable waters from surface to bottom, with a 500-yard
radius around the blasting site while setting up for blasting,
blasting, and in the immediate aftermath.
(2) Definitions. For the purposes of this section, ``Designated on-
scene representative'' is any Coast Guard commissioned, warrant, or
petty officer who has been designated by the Captain of the Port Boston
(COTP) to act on the COTP's behalf. The designated representative may
be on an Official Patrol Vessel. An ``Official Patrol Vessel'' may
consist of any Coast Guard, Coast Guard Auxiliary, state, or local law
enforcement vessels assigned or approved by the COTP or the designated
on-scene representative may be on shore and will communicate with
vessels via VHF-FM radio or loudhailer. In addition, members of the
Coast Guard Auxiliary may be present to inform vessel operators of this
regulation.
(3) Enforcement Period. This rule will be enforced daily from 5
a.m. to 8 p.m. from September 4, 2012, until September 30, 2012.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
(2) No vessels, except for participating or public vessels, will be
allowed to enter into, transit through, or anchor within these safety
zones without the permission of the COTP or the designated on-scene
representative.
(3) All persons and vessels shall comply with the instructions of
the COTP or the designated on-scene representative. Upon being hailed
by a U.S. Coast Guard vessel by siren, radio, flashing light, or other
means, the operator of a vessel shall proceed as directed.
(4) Vessel operators desiring to enter or operate within the
regulated area shall contact the COTP or the designated on-scene
representative via VHF channel 16 or 617-223-3201 (Sector Boston
command Center) to obtain permission.
Dated: September 4, 2012.
J.C. O'Connor III,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2012-23855 Filed 9-27-12; 8:45 am]
BILLING CODE 9110-04-P
