[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Rules and Regulations]
[Pages 28315-28317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11799]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-1134]
RIN 1625-AA87
Security Zone; Vessels Carrying Hazardous Cargo, Sector Columbia
River Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a 500 yard security zone
around vessels carrying hazardous cargo, as determined by the Captain
of the Port (COTP) Columbia River, when such vessels are located in the
Sector Columbia River COTP Zone as defined in 33 CFR 3.65-15 and the
COTP Columbia River determines that a security zone is necessary and
enforcement of that security zone is practicable. The security zones
will help ensure the security of the vessels themselves as well as the
maritime public due to the hazardous nature of the cargo on board.
DATES: This rule is effective June 16, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-1134 and are available online by going to
http://www.regulations.gov, inserting USCG-2009-1134 in the ``Keyword''
box, and then clicking ``Search.'' This material is 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 rule,
call or e-mail MST1 Jaime Sayers, Waterways Management Division, Marine
Safety Unit Portland, Coast Guard; telephone 503-240-9327, e-mail
[email protected]. If you have questions on viewing the docket,
call
[[Page 28316]]
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 8, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Security Zone; Vessel Carrying Hazardous Cargo, Sector
Columbia River Captain of the Port Zone in the Federal Register (75 FR
76328). No comments were received on the proposed rule and there was no
request to hold a public meeting.
Basis and Purpose
Vessels carrying hazardous cargo occasionally operate in the Sector
Columbia River COTP Zone. Examples of hazardous cargoes include, but
are not limited to, liquefied petroleum gas, ammonium nitrate and
associated mixtures, anhydrous ammonia, and chlorine. The security
zones that will be created by this rule will help ensure the security
of the vessels themselves as well as the maritime public in general by
prohibiting all persons or vessels from coming within 500 yards of such
vessels while located in Sector Columbia River COTP Zone. In the past,
the COTP Columbia River has issued temporary security zones to cover
certain vessels carrying hazardous cargo.
Background
Vessels carrying hazardous cargo enter the Captain of the Port
Columbia River area of responsibility approximately every three to four
months. These cargos pose a potential threat to the environment and to
nearby communities if an incident were to occur while it is transiting
the Columbia and Willamette Rivers. This potential threat is reduced by
the vessel being escorted through highly populated areas of the river
and by ensuring a security zone is around the vessel during the entire
transit to reduce the numbers of vessels coming in close proximity to
the vessel. This process takes approximately two weeks to complete but
the Coast Guard is notified 96-hours in advance of the arrival of this
vessel. The vessel will only be in port long enough to discharge the
product which is approximately 18 to 26 hours. No other alternatives
were considered for these security zones.
Discussion of Comments and Changes
There were no comments made on the notice of proposed rulemaking
and therefore no changes have been made to the rule.
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 security zones created by this
rule will only be in effect during the limited periods of time when
vessels carrying hazardous cargo, as determined by the COTP Columbia
River, are located in the Sector Columbia River COTP Zone. In addition,
maritime traffic will be able to transit around the security zones or,
if necessary, may be allowed to transit through the security zones with
permission from the COTP Columbia River.
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.
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed rule may affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to operate in an area covered by a security zone created by
this rule. The security zones created by this rule will not have a
significant economic impact on a substantial number of small entities,
however, because they will only be in effect during the limited periods
of time when vessels carrying hazardous cargo, as determined by the
COTP Columbia River, are located in the Sector Columbia River COTP
Zone. In addition, maritime traffic will be able to transit around the
security zones or, if necessary, may be allowed to transit through the
security zones with permission from the COTP Columbia River.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
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. There were no comments submitted on this notice.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires
[[Page 28317]]
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. There were no comments submitted on this notice.
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. There were no comments submitted on this rule.
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. There were no comments
submitted on this rule.
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. There were no comments submitted on
this rule.
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. There were no
comments submitted on this plan.
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. There were no comments submitted on this
rule.
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. There were no
comments submitted on this rule.
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 establishment of a security
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.
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. 165.1335 to read as follows:
Sec. 165.1335 Security Zone; Vessels Carrying Hazardous Cargo, Sector
Columbia River Captain of the Port Zone.
(a) Location. The following area is a security zone: All waters
within 500 yards, in all directions, of any vessel carrying hazardous
cargo, as determined by the Captain of the Port (COTP) Columbia River,
while such a vessel is located in the Sector Columbia River COTP Zone
as defined in 33 CFR 3.65-15 and the COTP Columbia River determines
that a security zone is necessary and enforcement of the security zone
is practicable.
(b) Regulations. (1) In accordance with the general regulations in
33 CFR part 165, Subpart D, no person or vessel may enter or remain in
a security zone created by this section without the permission of the
COTP Columbia River or his/her designated representative. Designated
representatives are Coast Guard personnel authorized by the COTP
Columbia River to grant persons or vessels permission to enter or
remain in a security zone created by this section. Subpart D of 33 CFR
part 165 contains additional provisions applicable to a security zone
created by this section.
(2) To request permission to enter a security zone created by this
section, contact Coast Guard Sector Columbia River at telephone number
503-861-6212 or via VHF channel 16 (156.8 MHz) or VHF channel 22 (157.1
MHz).
(c) Notification. When a security zone is created by this section,
one or more Coast Guard vessels will be present to enforce the security
zone and the COTP Columbia River will issue a local broadcast notice to
mariners.
Dated: May 2, 2011.
D.E. Kaup,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2011-11799 Filed 5-16-11; 8:45 am]
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