[Federal Register Volume 63, Number 76 (Tuesday, April 21, 1998)]
[Rules and Regulations]
[Pages 19656-19657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10549]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD1-98-029]
RIN 2115-AA97
Safety Zone: Bath/Woolwich Bridge Construction Project, Bath, ME
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
to close a portion of the Kennebec River to waterway traffic in a 100-
foot radius around each of two construction barges operating in the
vicinity of the Carlton Bridge, Bath, Maine, from May 10, 1998 at 7
a.m. through October 1, 1998 at 7 a.m. This safety zone is needed to
protect persons, vessels and others in the maritime community from the
safety hazards associated with construction barges working in a bridge
construction capacity. Entry into this safety zone is prohibited unless
authorized by the Captain of the Port.
DATES: This regulation is effective from May 10, 1998 at 7 a.m. until
October 1, 1998 at 7 a.m.
FOR FURTHER INFORMATION CONTACT:
Lieutenant J.D. Gafkjen, Chief of Response and Planning, Captain of the
Port, Portland at (207) 780-3251.
SUPPLEMENTARY INFORMATION:
[[Page 19657]]
Regulatory History
As authorized by 5 U.S.C. 553, a notice of proposed rulemaking
(NPRM) was not published for this regulation. Good cause exists for not
publishing an NPRM and for making this regulation effective in less
than 30 days after Federal Register publication. Due to the complex
planning and coordination involved, final details for the channel
closure were not provided to the Coast Guard until April 3, 1998,
making it impossible to publish an NPRM or a final rule 30 days in
advance. Publishing an NPRM and delaying its effective date would
effectively suspend construction of the new Bath/Woolwich Bridge which
would be contrary to the public interest.
Background and Purpose
A portion of the Kennebec River will be closed to all marine
traffic from May 10, 1998 at 7 a.m. until October 1, 1998 at 7 a.m. The
safety zone covers a portion of the Kennebec River in a radius of 100
feet around each of two construction barges, which will be functioning
as platforms for cranes, and operating in the vicinity of the Carlton
Bridge, Bath, Maine. This safety zone is required to protect
construction personnel and the maritime community from the hazards
associated with heavy bridge construction. Vessels and recreational
craft venturing close to the construction equipment present a safety
risk to both themselves and the construction personnel. Entry into this
zone will be prohibited unless authorized by the Captain of the Port.
Because the safety zone encompasses only a portion of the Kennebec
River, vessel traffic will not be impeded.
Regulatory Evaluation
This temporary final rule is not a significant regulatory action
under section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has not been reviewed by the Office of Management and
Budget under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979). The Coast Guard expects the economic
impact of this proposal to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary. This safety zone involves only a
portion of the Kennebec River. The effect of this regulation will not
be significant for several reasons: the area covered by the safety zone
restricts only a portion of the main channel allowing traffic to
continue to pass through; advance coordination of port operations
around the channel closure has been established to minimize the effect
on commercial vessel traffic; and advance maritime advisories will be
made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For the reasons addressed under the Regulatory Evaluation above,
the Coast Guard expects the impact of this regulation to be minimal and
certifies under section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) that this final rule will not have a significant
economic impact on a substantial number of small entities. If, however,
you think that your business or organization qualifies as a small
entity and that this rule will have a significant economic impact on
your business or organization, please submit a comment explaining why
you think it qualifies and in what way and to what degree this rule
will economically affect it.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that, under section 2.B.2.e. of Commandant
Instruction M16475.1B, (as revised by 59 FR 38654, July 29, 1994), this
rule is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination and an
Environmental Analysis Checklist is available in the docket for
inspection or copying.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. A temporary section, 165.T01-CGD1-141, is added to read as
follows:
Sec. 165.T01-029 Carlton Bridge Construction Project, Bath, ME.
(a) Location. The safety zone covers a portion of the Kennebec
River in a radius of 100 feet around each of two construction barges
operating in the vicinity of the Carlton Bridge, Bath, Maine.
(b) Effective date. This regulation is effective from May 10, 1998
at 7 a.m. until October 01, 1998 at 7 a.m. unless terminated sooner by
the Captain of the Port.
(c) Regulations. The general regulations contained in 33 CFR 165.23
apply.
Dated: April 7, 1998.
Burton S. Russell,
Commander, U.S. Coast Guard, Captain of the Port, Portland, Maine.
[FR Doc. 98-10549 Filed 4-20-98; 8:45 am]
BILLING CODE 4910-15-M
