
[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Rules and Regulations]
[Pages 28315-28317]
From the Federal Register Online via the Government Printing 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 
Jaime.a.Sayers@uscg.mil. 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]
BILLING CODE 9110-04-P


