[Federal Register: January 9, 2004 (Volume 69, Number 6)]
[Proposed Rules]
[Page 1556-1558]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja04-26]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Pittsburgh-03-030]
RIN 1625-AA00
Security Zone; Ohio River Mile 119.0 to 119.8, Natrium, WV
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to remove an established security
zone that encompasses all waters extending 200 feet from the water's
edge of the left descending bank of the Ohio River, beginning from mile
marker 119.0 and ending at mile marker 119.8. This security zone
protects Pittsburgh Plate Glass Industries (PPG), persons and vessels
from subversive or terrorist acts. Under the Maritime Transportation
Security Act of 2002, owners or operators of this facility will be
required to take specific action to improve facility security. As such,
a security zone around this facility will no longer be necessary under
normal conditions. This proposed rule would remove the established
security zone.
DATES: Comments and related material must reach the Coast Guard on or
before February 9, 2004.
ADDRESSES: You may mail comments and related material to Marine Safety
Office Pittsburgh, Suite 1150 Kossman Bldg., 100 Forbes Ave.,
Pittsburgh, PA 15222-1371. Marine Safety Office Pittsburgh maintains
the public docket for this rulemaking. Comments and material received
from the public, as well as documents indicated in this preamble as
being available in the docket, will become part of this docket and will
be available for inspection or copying at Marine Safety Office
Pittsburgh, Suite 1150 Kossman Bldg., 100 Forbes Ave., Pittsburgh, PA
15222-1371, between 7:30 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Luis Parrales, Marine
Safety Office Pittsburgh at (412) 644-5808, ext. 2114.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [COTP
Pittsburgh-03-030], indicate the specific section of this document to
which each comment applies, and give the reason for each comment.
Please submit all comments and related material in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know they reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Public Meeting
We do not plan to hold a public meeting. However, you may submit a
request for a meeting by writing to Marine Safety Office Pittsburgh at
the address under ADDRESSES explaining why one would be beneficial. If
we determine that a public meeting would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
On March 24, 2003, the Coast Guard published a final rule entitled
``Security Zone; Ohio River Mile 119.0 to 119.8, Natrium, West
Virginia,'' in the Federal Register (68 FR 14150). That final rule
established a security zone that encompasses all waters extending 200
[[Page 1557]]
feet from the water's edge of the left descending bank of the Ohio
River, beginning from mile marker 119.0 and ending at mile marker
119.8. This security protects Pittsburgh Plate Glass Industries (PPG),
persons and vessels from subversive or terrorist acts.
Under the authority of the Maritime Transportation Security Act of
2002, the Coast Guard published a final rule on October 22, 2003
entitled ``Facility Security'' in the Federal Register (68 FR 60515)
that established a permanent 33 CFR part 105. That final rule became
effective November 21, 2003, and provides security measures for certain
facilities, including PPG. Section 105.200 of 33 CFR requires owners or
operators of this facility to designate security officers for
facilities, develop security plans based on security assessments and
surveys, implements security measures specific to the facility's
operations, and comply with Maritime Security Levels. Under 33 CFR
105.115, the owner or operator of this facility must, by December 31,
2003, submit to the Captain of the Port, a Facility Security Plan as
described in subpart D of 33 CFR part 105, or if intending to operate
under an approved Alternative Security Program as described in 33 CFR
101.130, a letter signed by the facility owner or operator stating
which approved Alternative Security Program the owner or operator
intends to use. Section 105.115 of 33 CFR also requires the facility
owner or operator to be in compliance with 33 CFR part 105 on or before
July 1, 2004. As a result of these enhanced security measures, the
security zone around PPG will no longer be necessary under normal
conditions. The removal of this security zone would become effective on
July 1, 2004.
Discussion of Proposed Rule
For the reasons stated above in Background and Purpose, we propose
to remove 33 CFR 165.822, Security Zone; Ohio River, Mile 119.0 to
119.8, Natrium, WV. This proposed removal would become effective on
July 1, 2004. We invite your comments on our proposed action to
terminate this security zone.
Regulatory Evaluation
This proposed 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary as this proposed rule removes a
regulation that is no longer necessary.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want 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
proposed rule would affect your small business, organization, or
government jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Luis Parrales,
Marine Safety Office Pittsburgh at (412) 644-5808, ext. 2114.
Collection of Information
This proposed rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A proposed 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
proposed 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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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.
[[Page 1558]]
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph 34(g), of the Instruction, from further
environmental documentation because this rule is not expected to result
in any significant adverse environmental impact as described in NEPA.
Under figure 2-1, paragraph (34)(g), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
Sec. 165.822 [Removed]
2. Remove Sec. 165.822.
Dated: December 10, 2003.
W.W. Briggs,
Commander, U.S. Coast Guard, Captain of the Port, Pittsburgh.
[FR Doc. 04-387 Filed 1-8-04; 8:45 am]
BILLING CODE 4910-15-P