[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Rules and Regulations]
[Pages 26183-26186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11057]
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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.
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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
http://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 [email protected]. 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]
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