[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Rules and Regulations]
[Pages 21253-21255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9144]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0939]
RIN 1625-AA00
Safety Zone; M/V DAVY CROCKETT, Columbia River
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The U.S. Coast Guard is extending and expanding the emergency
safety zone established on the waters of the Columbia River surrounding
the M/V DAVY CROCKETT at approximately river mile 117 on January 28,
2011. The safety zone is 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 zone unless authorized by the Captain of the
Port, Columbia River or his designated representative.
DATES: This rule is effective from April 15, 2011 through May 17, 2011.
This rule is effective with actual notice for purposes of enforcement
on March 28, 2011. This rule will remain in effect through May 17,
2011.
ADDRESSES: Documents indicated in this preamble as being available in
the
[[Page 21254]]
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, 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 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 to the deleterious state of the vessel only
authorized persons and/or vessels can be safely allowed on or near it.
A 300 ft safety zone is necessary to keep vessels clear of the
ongoing response operations surrounding the M/V DAVY CROCKETT. The
previous 200 ft zone was an inadequate distance to mitigate the wake of
transiting and nearby vessels.
Discussion of Rule
The Coast Guard is extending and expanding the stationary safety
zone created by this rule 100 ft past the previous 200 ft safety zone.
The amended safety zone will cover all waters of the Columbia River
encompassed within the following four points: point one at
45[deg]34'59.74'' N/122[deg]28'35.00'' W on the Washington bank of the
Columbia River then proceeding into the river to point two at
45[deg]34'51.42'' N/122[deg]28'35.47'' W, then proceeding upriver to
the third point at 45[deg]34'51.02'' N/122[deg]28'07.32'' W, then
proceeding to the shoreline to the fourth point on the Washington Bank
at 45[deg]34'56.06'' N/122[deg]28'07.36'' W, then back along the
shoreline to point one. Geographically this encompasses all the waters
within an area starting at approximately 300 ft upriver from the M/V
DAVY CROCKETT extending to 300 ft abreast of the M/V DAVY CROCKETT and
then ending 300 ft down river 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 because the areas covered are
limited in size. 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
[[Page 21255]]
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 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. Add Sec. 165.T13-175 to read as follows:
Sec. 165.T13-175 Safety Zone; M/V DAVY CROCKETT, Columbia River.
(a) Location: The following area is a safety zone:
(1) All waters of the Columbia River encompassed within the
following four points: point one at 45[deg]34' 59.74'' N/
122[deg]28'35.00'' W on the Washington bank of the Columbia River then
proceeding into the river to point two at 45[deg]34'51.42'' N/
122[deg]28'35.47'' W, then proceeding upriver to the third point at
45[deg]34'51.02'' N/122[deg]28'07.32'' W, then proceeding to the
shoreline to the fourth point on the Washington Bank at
45[deg]34'56.06'' N/122[deg]28'07.36'' W, then back along the shoreline
to point one. Geographically this encompasses all the waters within an
area starting at approximately 300 ft upriver from the M/V DAVY
CROCKETT extending to 300 ft abreast of the M/V DAVY CROCKETT and then
ending 300 ft down river 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
zone created in this section or bring, cause to be brought, or allow to
remain in the safety zone 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 zone created in this section
will be in effect from March 28, 2011 through May 17, 2011 unless
cancelled sooner by the Captain of the Port, Columbia River.
Dated: March 28, 2011.
D.E. Kaup,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2011-9144 Filed 4-14-11; 8:45 am]
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