[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18397-18399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7890]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0939]
RIN 1625-AA00
Safety Zones; M/V Davy Crockett, Columbia and Willamette Rivers
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The U.S. Coast Guard is extending the stationary and moving
emergency safety zones established on the waters of the Columbia and
Willamette Rivers surrounding the M/V DAVY CROCKETT. The Coast Guard is
also reducing the size of the stationary emergency safety zone
surrounding the M/V DAVY CROCKETT at approximately river mile 117 on
the Columbia River. The safety zones are necessary to help ensure the
safety of the response workers and maritime public from the hazards
associated with deleterious state of and ongoing response operations
involving the M/V DAVY CROCKETT. All persons and vessels are prohibited
from entering or remaining in the safety zones unless authorized by the
Captain of the Port, Columbia River or his designated representative.
DATES: This rule is effective from April 4, 2011 through April 17,
2011. This rule is effective with actual notice for purposes of
enforcement on March 11, 2011. This rule will remain in effect through
April 17, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0939 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0939 in the
``Keyword'' box, and then clicking ``Search.'' They are 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 Jaime Sayers, Waterways Management
Division, Marine Safety Unit Portland, Coast Guard; telephone 503-240-
9319, e-mail [email protected]. If you have questions on viewing
the docket, call Renee V. Wright, Program Manager,
[[Page 18398]]
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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 to do so would be contrary to public
interest since the safety zones are immediately necessary to help
ensure the safety of the response workers and maritime public due to
deleterious state of and ongoing response operations involving the M/V
DAVY CROCKETT.
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 to do so would be contrary
to public interest since the safety zones are immediately necessary to
help ensure the safety of the response workers and maritime public due
to deleterious state of and ongoing response operations involving the
M/V DAVY CROCKETT.
Background and Purpose
The M/V DAVY CROCKETT, a 431 ft barge, is anchored on the
Washington State side of the Columbia River at approximately river mile
117. The vessel is in a severe state of disrepair. The Coast Guard,
other state and federal agencies, and Federal contractors are working
to remove the vessel. The response operations require a minimal wake in
the vicinity of the vessel to minimize the spread of contaminants and
help ensure the safety of response workers on or near the vessel and in
the water. In addition, due the deleterious state of the vessel only
authorized persons and/or vessels can be safely allowed on or near it.
All or portions of the M/V DAVY CROCKETT may be removed and
transported to another location for cleaning and scrapping. Due to the
inherent dangers associated with moving large pieces of such a vessel,
only authorized persons and vessels can be safely allowed on or near
it.
Discussion of Rule
The stationary safety zone created by this rule will cover all
waters of the Columbia River encompassed within the following four
points: Point one at 45[deg]34'59.16'' N/122[deg]28'27.19'' W, point
two at 45[deg]34'54.95'' N/122[deg]28'27.84'' W, point three at
45[deg]34'54.91'' N/122[deg]28'14.48'' W, and point four at
45[deg]34'57.43'' N/122[deg]26'14.63'' W. Geographically this area
encompasses all waters of the Columbia River within a rectangle
starting at approximately 200 ft up river of the M/V DAVY CROCKETT
extending to 200 ft toward the river channel from the M/V DAVEY
CROCKETT and then ending 200 ft down river the M/V DAVY CROCKETT.
The moving safety zone created by this rule will encompass all
waters of the Columbia and Willamette Rivers within 200 feet in all
directions around any portion of the M/V DAVY CROCKETT.
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 has made this determination based on the fact that
the safety zones created by this rule will not significantly affect the
maritime public because the areas covered are limited in size and/or
have little commercial or recreational activity. In addition, vessels
may enter the safety zones with the permission of the Captain of the
Port, Columbia River or his designated representative.
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 may affect the following entities some of which may
be small entities: the owners and operators of vessels intending to
operate in the areas covered by the safety zones created in this rule.
The safety zones will not have a significant economic impact on a
substantial number of small entities, however, because the areas
covered are limited in size and/or have little commercial or
recreational activity. In addition, vessels may enter the safety zones
with the permission of the Captain of the Port, Columbia River or his
designated representative.
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
[[Page 18399]]
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 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,
eliminates 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
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 creation of safety zones. An
environmental analysis checklist and a categorical exclusion
determination will be available in the docket where
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: 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, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Revise Sec. 165.T13-175 to read as follows:
Sec. 165.T13-175 Safety Zones; M/V Davy Crockett, Columbia and
Willamette Rivers.
(a) Location: The following areas are safety zones:
(1) All waters of the Columbia River encompassed within the
following four points: point one at 45[deg]34'59.16'' N/
122[deg]28'27.19'' W, point two at 45[deg]34'54.95'' N/
122[deg]28'27.84'' W, point three at 45[deg]34'54.91'' N/
122[deg]28'14.48'' W, and point four at 45[deg]34'57.43'' N/
122[deg]26'14.63'' W. Geographically this area encompasses all waters
of the Columbia River within a rectangle starting at approximately 200
ft up river of the M/V DAVY CROCKETT extending to 200 ft toward the
river channel from the M/V DAVEY CROCKETT and then ending 200 ft down
river the M/V DAVY CROCKETT.
The moving safety zone created by this rule will encompass all
waters of the Columbia and Willamette Rivers within 200 feet in all
directions around any portion of the M/V DAVY CROCKETT.
(b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no person may enter or remain in the safety
zones created in this section or bring, cause to be brought, or allow
to remain in the safety zones created in this section any vehicle,
vessel, or object unless authorized by the Captain of the Port,
Columbia River or his designated representative.
(c) Enforcement Period. The safety zones created in this section
will be in effect from March 11, 2011 through April 17, 2011 unless
cancelled sooner by the Captain of the Port, Columbia River.
Dated: March 14, 2011.
L.R. Tumbarello,
Captain, U.S. Coast Guard, Acting Captain of the Port, Columbia River.
[FR Doc. 2011-7890 Filed 4-1-11; 8:45 am]
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