[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Rules and Regulations]
[Pages 2827-2829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-852]
[[Page 2827]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2011-0003]
RIN 1625-AA11
Regulated Navigation Area; Reporting Requirements for Barges
Loaded With Certain Dangerous Cargoes, Illinois Waterway System Located
Within the Ninth Coast Guard District; Stay (Suspension)
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Commander, Ninth Coast Guard District is temporarily
staying (suspending) reporting requirements under the Regulated
Navigation Area (RNA) established by 33 CFR 165.921 for barges loaded
with certain dangerous cargoes (CDC barges) in that portion of the
Illinois Waterway System located in the Ninth Coast Guard District.
During this suspension, the Coast Guard will analyze future reporting
needs and evaluate possible changes in CDC reporting requirements. A
final rule will either lift the suspension and restore the obligation
of the affected public to comply with the existing reporting
requirements, modify those requirements, or repeal the RNA. This
suspension of the CDC reporting requirements in no way relieves towing
vessel operators and fleeting area managers responsible for CDC barges
in the RNA from their dangerous cargo or vessel arrival and movement
reporting obligations currently in effect under other regulations or
placed into effect under appropriate Coast Guard authority.
DATES: Effective midnight January 15, 2011, 33 CFR 165.921(d)-(h) are
stayed until midnight January 15, 2013.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0003 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0003 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 about this
temporary rule, call or e-mail LCDR Ted Fowles, Coast Guard; telephone
216-902-6010, e-mail: [email protected]. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it would be impracticable,
unnecessary, and contrary to the public interest. The contract for the
current CDC barge reporting system at the Inland River Vessel Movement
Center (IRVMC) was extended to January 2011. In late December 2010 it
was determined that the IRVMC reporting requirements would be suspended
for a two-year period beginning at midnight January 15, 2011. As of
January 16, 2011, the Coast Guard will have no way to receive and
process reports. The short time span between late December and January
15 makes it impracticable to issue a notice of proposed rulemaking
(NPRM) about suspension of the reporting requirements of 33 CFR 165.921
or to take public comments on the same. We believe prior notice and
comment is unnecessary because we expect the affected public will have
no objection to the temporary suspension of regulatory requirements.
Prior notice and comment is also contrary to the public interest
because there is no public purpose served by continuing to require
reports when there is no mechanism for receiving or processing those
reports.
Under 5 U.S.C. 553(d)(1), a substantive rule that relieves a
restriction may be made effective less than 30 days after publication.
This temporary final rule, suspending the reporting requirements and
thereby relieving the regulatory restriction on towing vessel operators
and fleeting area managers provided by 33 CFR 165.921, takes effect at
midnight on January 15, 2011, less than 30 days after publication.
Background and Purpose
The legal basis for this rulemaking is the Coast Guard's authority
to establish regulated navigation areas, under 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; Public Law 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1. An RNA is a
water area within a defined boundary for which regulations for vessels
navigating within the area have been established, to control vessel
traffic in a place determined to have hazardous conditions. 33 CFR
165.10; Commandant Instruction Manual M16704.3A, 1-6.
The purpose of this temporary final rule is to suspend the
reporting requirements for CDC barges imposed by the RNA created in 33
CFR 165.921. This temporary rule relieves the towing vessel operators
and fleeting area managers responsible for CDC barges from the
reporting requirements for a two-year period.
Discussion of Rule
During the suspension of reporting requirements, towing vessel
operators and fleeting area managers responsible for CDC barges will be
relieved of their obligation to report their CDCs under 33 CFR
165.921(d)-(h). This suspension in no way relieves towing vessel
operators and fleeting area managers responsible for CDC barges from
their dangerous cargo or vessel arrival and movement reporting
obligations currently in effect under other regulations or placed into
effect under appropriate Coast Guard authority.
Regulatory Analyses
We developed this temporary final 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 temporary and limited in
nature by suspending CDC barge reporting requirements during a two-year
period, creating no undue delay to vessel traffic in the regulated
area.
[[Page 2828]]
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 which may
be small entities: owners or operators of CDC barges intending to
transit that portion of the Illinois Waterway System located in the
Ninth Coast Guard District during this two-year period. This rule will
not have a significant economic impact on those entities or a
substantial number of any small entities for the following reason. This
rule suspends reporting requirements for two years.
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 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,
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. This rule involves a two-year suspension
of the reporting requirements in an RNA for CDC barges.
This temporary rule suspends the reporting requirements established
for CDC barges transiting that portion of the Illinois Waterway System
located in the Ninth Coast Guard District. Under figure 2-1, paragraph
(34)(g), of the Instruction, an environmental analysis checklist 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
recordkeeping requirements, Security measures, Waterways.
[[Page 2829]]
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; 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. Amend 33 CFR 165.921 by staying paragraphs (d)-(h) from midnight
January 15, 2011 to midnight January 15, 2013.
Dated: January 7, 2011.
Michael N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2011-852 Filed 1-14-11; 8:45 am]
BILLING CODE 9110-04-P