Rule2024-17914
Safety Zone; M/V JACOB PIKE Dead Ship Tow, Harpswell, ME to South Portland, ME
Primary source
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Published
August 9, 2024
Effective
August 9, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary moving safety zone on the navigable waters between Harpswell, ME and South Portland, ME. This safety zone will surround the M/V JACOB PIKE, once refloated, and dead ship towed from Harpswell, ME though Casco Bay to Turner Island Marine Rail located on the Fore River in South Portland, ME. The safety zone will extend 200-yards on all sides of the M/V JACOB PIKE during the dead ship tow transit. Vessels and people are prohibited from entering this safety zone.
Full Text
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<title>Federal Register, Volume 89 Issue 154 (Friday, August 9, 2024)</title>
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[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Rules and Regulations]
[Pages 65200-65203]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17914]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0711]
RIN 1625-AA00
Safety Zone; M/V JACOB PIKE Dead Ship Tow, Harpswell, ME to South
Portland, ME
AGENCY: Coast Guard, DHS.
[[Page 65201]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
on the navigable waters between Harpswell, ME and South Portland, ME.
This safety zone will surround the M/V JACOB PIKE, once refloated, and
dead ship towed from Harpswell, ME though Casco Bay to Turner Island
Marine Rail located on the Fore River in South Portland, ME. The safety
zone will extend 200-yards on all sides of the M/V JACOB PIKE during
the dead ship tow transit. Vessels and people are prohibited from
entering this safety zone.
DATES: This rule is effective without actual notice from August 9, 2024
through August 31, 2024. For the purposes of enforcement, actual notice
will be used from August 6, 2024, until August 9, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-0711 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MSTC Zachary Wetzel, Sector Northern New England, U.S.
Coast Guard; telephone 207-808-9137, email <a href="/cdn-cgi/l/email-protection#155b5b50427461706762746c6655606676723b787c79"><span class="__cf_email__" data-cfemail="eaa4a4afbd8b9e8f989d8b9399aa9f99898dc4878386">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Northern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
M/V Motor Vessel
II. Background Information and Regulatory History
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 specifics details concerning the salvage
operations associated with the M/V JACOB PIKE and the subsequent
transit to a facility were not received in time to publish an NPRM and
seek comments before the subject transit. Publishing an NPRM and
delaying the effective date of this rule to await public comments would
be impracticable and contrary to the public interest since it would
inhibit the Coast Guard's ability to fulfill its statutory missions to
protect the safety of the public, and vessels transiting the waters of
the Casco Bay during the dead ship movement of the M/V JACOB PIKE.
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. Delaying the effective date of
this rule would be impractical because immediate action is needed to
minimize the potential safety hazards associated with the salvage and
dead ship movement of the M/V JACOB PIKE.
III. Legal Authority and Need for Rule
Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Northern New England (COTP) has
determined that potential hazards associated with the salvage recovery
and dead ship movement of the M/V JACOB PIKE will be a safety concern
for anyone within 200-yards radius of the M/V JACOB PIKE and any towing
vessel supporting the operation. This rule is needed to protect
personnel, vessels, and the marine environment during the salvage
operation and during the dead ship movement of the M/V JACOB PIKE from
its location in Harpswell, ME, along its route to Turner Island Marine
Rail located in South Portland, ME.
IV. Discussion of the Rule
This rule establishes a temporary safety zone August 6, 2024,
through August 31, 2024, however the zone will only be enforced while
the M/V JACOB PIKE, an 83-foot wooden sardine carrier which sank early
this year, is dead ship towed. The moving 200-yard safety zone will be
established for the M/V JACOB PIKE and all towing vessels supporting
its operations during transit from Harpswell, ME though Casco Bay to
Turner Island Marine Rail located on the Fore River in South Portland,
ME. Salvage operations are expected to begin August 6, 2024, and take
three days. Once the M/V JACOB PIKE is raised the dead ship tow transit
is anticipated to take eight hours. The salvage date and dead ship tow
transit is tentative and subject to change due to weather or other
unforeseen circumstances. The Coast Guard is proposing this rule remain
effective through August 31, 2024, in case the salvage operation is
delayed due to weather or other unforeseen circumstances. The COTP will
issue a Broadcast Notice to Mariners via marine channel 16 (VHF-FM) of
the exact date and times in advance of the enforcement period to the
local maritime community. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the dead ship movement of M/V JACOB PIKE while transiting
the Casco Bay area. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration and time-of-day of the safety zone. The zone is
limited in size, location, and duration as it will cover a portion of
navigable waters off Harpswell, ME, Casco Bay, and the Fore River in
South Portland, ME within a 200-yard radius of the vessel M/V JACOB
PIKE and any towing vessels supporting the operation. The zone is
limited in scope as vessel traffic may be able to safely transit around
this safety zone and vessels may seek permission from the COTP to enter
the zone. The zone is limited in duration in that it will be enforced
for approximately three days surrounding salvage operations and another
eight hours for the dead ship tow transit. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on
[[Page 65202]]
small entities during rulemaking. 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 will not
have a significant economic impact on a substantial number of small
entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. 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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined 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 involves a
temporary safety zone that will move and prohibit entry within a 200-
yard radius around the recovery of the M/V JACOB PIKE and its dead ship
tow from Harpswell, ME to South Portland, ME. This zone is expected to
last approximately eight-hours during the dead ship tow movement. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T01-0711 to read as follows:
Sec. 165.T01-0711 Safety Zone; M/V JACOB PIKE Dead Ship Tow,
Harpswell, ME to South Portland, ME.
(a) Location. The following area is a safety zone: The moving
safety zone will include all navigable waters off Harpswell, ME, Casco
Bay, and the Fore River in South Portland, ME, within a 200-yard radius
of the vessel M/V JACOB PIKE and all towing vessels supporting its
operations, while transiting to Turner Island Marine Rail located in
South Portland, ME.
(b) Definitions. As used in this section, Designated Representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Northern New England (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
[[Page 65203]]
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM radio channel 16 or phone at 833-449-2407.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This section is effective from noon on
Tuesday, August 6, 2024, through 11:59 p.m. on Saturday, August 31,
2024. The safety zone will be enforced while M/V JACOB PIKE and all
towing vessels supporting its operations are transiting, until safely
moored at Turner Island Marine Rail, South Portland, ME.
Dated: August 5, 2024.
Matthew S. Baker,
Captain, U.S. Coast Guard, Captain of the Port Northern New England.
[FR Doc. 2024-17914 Filed 8-8-24; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.