
[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]


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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 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


