[Federal Register Volume 75, Number 54 (Monday, March 22, 2010)]
[Rules and Regulations]
[Pages 13433-13436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6161]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0797]
RIN 1625-AA00
Safety Zone; Invista Inc Facility Docks, Victoria Barge Canal,
Victoria, TX
AGENCY: Coast Guard, DHS.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for a partial
blockage of the Victoria Barge Canal when the Invista Inc facility is
offloading cargo from an oversized barge, which is approximately 380
feet in length. Commercial traffic will be prohibited from passing the
barge while it is offloading cargo because the navigable width of the
channel will be substantially reduced. The safety zone is necessary to
help ensure the safety of the maritime public during these transfer
operations.
DATES: This interim rule is effective April 21, 2010. Comments and
related
[[Page 13434]]
material must reach the Coast Guard on or before June 21, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0797 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call or e-mail LT Wes Geyer, Sector Corpus Christi Waterways
Management Division, Coast Guard; telephone 361-888-3162, e-mail
[email protected]. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0797), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand delivery, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-0797'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8 \1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0797'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before April 21, 2010 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
Regulatory Information
The Coast Guard is issuing this interim 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 any delay encountered in this
regulation's effective date by publishing a NPRM would be contrary to
public interest. Transfer operations involving the oversized barge at
the Invista Inc facility are scheduled to begin in May 2010 and rapid
establishment of the safety zone is needed to mitigate the potential
safety hazards associated with these operations.
Background and Purpose
The basis and purpose of this rule are to ensure safe operations
during the hazardous condition that will be placed upon commercial
traffic in the Victoria Barge Canal during transfer operations
involving the oversized barge. Since the oversized barge will
effectively take away 40 feet of the navigable channel, we believe it
is necessary to establish a safety zone around the vessel so commercial
traffic does not attempt to pass when the navigable channel will be
reduced by 40 feet. We are using this interim rule to put an effective
rule in place before commencement of transfer operations but wish to
receive comments on it before issuing a final rule.
Discussion of Rule
The rule places a safety zone around the barge that is offloading
cargo at the Invista Inc facility docks for two 24-30 hour periods per
month. The approximate location of the dock is 28[deg]39'50.5'' N
096[deg]57'48.3'' W (approximately 1,500 feet north of Dupont Road
which crosses the Victoria Barge Canal). The safety zone encompasses
all waters of the canal in a zone extending 500 ft (152.2 m) east
[[Page 13435]]
and west of the Invista Inc facility docks.
The safety zone will be enforced for two 24-30 hour periods per
month, during transfer operations involving an oversized barge at the
facility. During these operations, the barge will extend approximately
40 feet into the 125-foot wide Victoria Barge Canal and will therefore
reduce the navigable width of the channel. Use of and transit through
the safety zone will be prohibited during these times, except with
permission from the Captain of the Port Corpus Christi.
In addition, the Invista Inc facility has agreed to provide seven
days notice to neighboring facilities before the oversized barge is
scheduled to conduct transfer operations there. Furthermore, the Coast
Guard will issue maritime advisories widely available to users of the
barge canal before enforcement of the safety zone.
Regulatory Analyses
We developed this interim 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.
This rule is not a significant regulatory action because there is
minimal commercial and recreational vessel traffic that transits
through this section of the Victoria Barge Canal. The rule will only be
in effect approximately twice a month for a duration of 24-30 hours
each time. Businesses adjacent to the Invista Inc facility (currently
there are two) will have approximately seven days advance notice of the
required safety zone.
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 will
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 and operators of vessels conducting business
at Fordyce Holdings Inc and Equalizer.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be enforced for approximately two 24-30 hour periods per
month and the receiving facility will provide seven days notification
to adjacent businesses on the Victoria Barge Canal. Each 24-30 hour
period will be separated by at least a 24-hour period while the barge
returns to Port Lavaca-Point Comfort to receive more cargo. Neighboring
businesses and the Port of Victoria have agreed that with a seven-day
notification they will be able to ship or receive enough cargo to
maintain adequate feedstock supplies to operate. Vessel traffic will
have a minimum of 24 hours between each time the safety zone would go
into effect, which local parties have agreed would be enough time to
ship or receive any product they may need in the interim. Before the
enforcement period, the Coast Guard will issue broadcast notice to
mariners (BNM) alerts to users of the barge canal, and the Captain of
the Port may authorize entry into the zone if necessary.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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.
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.
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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will 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 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,
[[Page 13436]]
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
this action is one of a category of actions which 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 because it establishes 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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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, 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. 165.837 to read as follows:
Sec. 165.836 Safety Zone; Invista Inc Facility Docks, Victoria Barge
Canal, Victoria, Texas.
(a) Location. The following area is a safety zone: All waters
contained within a 500-foot (152.5m) extension east and west of the
Invista Inc facility docks while performing offloading operations.
(b) Enforcement Period. This rule will be enforced for periods of
24-30 hours twice a month, from the time the oversized barge docks at
the Invista Inc facility until the vessel departs the facility upon
conclusion of its offloading operations. The Captain of the Port Corpus
Christi will issue a Broadcast Notice to Mariners before beginning
enforcement and upon ceasing enforcement of the safety zone.
(c) Definitions. The following definition applies to this section:
designated representative means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and Federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port
Corpus Christi.
(d) Regulations. (1) Persons desiring to transit the area of the
safety zone may contact the Captain of the Port at telephone number 1-
361-939-6393, or the barge on VHF Channel 16 (156.800MHz) to seek
permission to transit the area. If permission is granted, all persons
and vessels must comply with the instructions of the Captain of the
Port or his or her designated representative.
(2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
(3) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means the operator of a vessel
must proceed as directed.
(4) The Coast Guard may be assisted by other Federal, State, or
local agencies.
(5) In accordance with the general regulations in 33 CFR part
165.23, no person or vessel may enter or remain in the zone described
in paragraph (a) of this section except for support vessels/aircraft
and support personnel, or other vessels authorized by the Captain of
the Port Corpus Christi or his designated representative.
(e) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: November 19, 2009.
R.J. Paulison,
Captain, U.S. Coast Guard, Captain of the Port Corpus Christi.
Editorial Note: This document was received in the Office of the
Federal Register on March 16, 2010.
[FR Doc. 2010-6161 Filed 3-19-10; 8:45 am]
BILLING CODE 9110-04-P