[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5285]


[[Page Unknown]]

[Federal Register: March 8, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-92-004]

 

Safety Zone; Rhode Island Sound, Narragansett Bay, Providence 
River

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the regulation concerning 
the safety zone required around LPG vessels moored at the LPG facility 
in the Port of Providence. The amendment would reduce the distance a 
vessel must moor from an LPG vessel at the LPG facility in the Port of 
Providence, from 400 feet to 200 feet. This action is necessary to 
eliminate unnecessary economic hardship on the commercial shipping 
industry. Reduction of the required empty pier space from 400 feet to 
200 feet fore and aft of LPG vessels will continue to provide the 
necessary level of safety and will also provide the space necessary to 
respond effectively to an LPG emergency.

DATES: Comments must be received on or by June 6, 1994.

ADDRESSES: Comments should be mailed to the Commanding Officer, Marine 
Safety Office, 20 Risho Avenue, East Providence, RI 02914-1215, or may 
be delivered to the above address between 7:30 a.m. and 4 p.m., Monday 
through Friday, except federal holidays. The telephone number is (401) 
435-2300. The Marine Safety Office maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at Marine Safety Office Providence.

FOR FURTHER INFORMATION CONTACT:
LTJG Timothy W. Pavilonis at (401) 435-2300.

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The principal persons involved in drafting this document are LTJG 
Timothy W. Pavilonis, Project Officer, Marine Safety Office Providence, 
and LCDR J. Stieb, Project Counsel, First Coast Guard District Legal 
Office.

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their name and address, 
identify this rulemaking (CGD01-92-004) and the specific section of 
this proposal to which each comment applies, and give a reason for each 
comment. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period and may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Office at the address 
under ADDRESSES. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Regulatory History

    The Coast Guard published a notice of Proposed Rulemaking, CGD01-
92-004, on June 4, 1992. As a result of this NPRM, one comment was 
received. Since then, the project officer was reassigned and Marine 
Safety Office Providence was relocated. During this time period, the 
docket was misplaced. This Supplemental Notice of Proposed Rulemaking 
is being published to provide additional opportunity for public 
comment. No information is presently available concerning the comment 
previously received. The rule is the same as it was initially proposed, 
but now contains a new comment period and a new address and phone 
number for Marine Safety Office Providence, and updated drafting 
information.

Background and Purpose

    The regulations contained in 33 CFR 165.121 outline safety zones 
required for LPG vessels visiting the Port of Providence under a 
variety of conditions. The regulations establish safety zones around 
LPG vessels at anchor, transiting Narragansett Bay, while moored at the 
LPG facility, Port of Providence, and around the shoreside manifold 
during LPG transfer operations. The proposed amendment only concerns 
the safety zone required around LPG vessels moored at the LPG facility, 
Port of Providence.
    33 CFR 165.121(a)(3) establishes a 50 foot safety zone around a 
moored LPG vessel and also requires that no vessel may moor within 400 
feet of an LPG vessel moored at the facility. Industry personnel have 
continually expressed dissatisfaction with the 400 foot requirement, 
contending that it places an unnecessary economic burden on the 
industry involved in and affected by LPG evolutions.
    Coast Guard research into the issue has shown that prohibiting 
vessels from mooring within 400 feet from LPG vessels at the LPG 
facility is excessive and unnecessary. The safety zone established 
around a moored LPG vessel is 50 feet. Since the LPG vessel is 
considered safe from ignition sources at a minimum of 50 feet, a 200 
foot separation from other moored vessels provides both ignition source 
protection and adequate space for shoreside and waterside firefighting 
or emergency tug assistance.

Regulatory Evaluation

    This proposal is not a significant regulatory action under 
Executive Order 12866 and is not significant under the Department of 
Transportation Regulatory Policies and Procedures (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a Regulatory Evaluation is unnecessary. 
The Coast Guard expects the economic impact of this proposal to be 
minimal on all entities because the result of the amendment will be one 
of deregulation, making the present regulations less restrictive. If 
the amendment has any effect, it will be a positive effect on impacted 
entities. Reduction of the safety zone around moored LPG vessels from 
400 feet to 200 feet will benefit the LPG facility economically in that 
the total pier space for which they must pay to meet the regulations is 
reduced from a total of 800 feet to 400 feet. This will also benefit 
the port of Providence economically in that more pier space will be 
available for other ships to moor while an LPG vessel is in port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632).
    For the reasons discussed in the Regulatory Evaluation, the Coast 
Guard expects that this proposal will not have a significant economic 
impact on any entity. Therefore, the Coast Guard certifies under 5 
U.S.C. 605(b) that this proposal, if adopted, will not have a 
significant economic impact on a substantial number of small entities. 
If, however, you think that your business qualifies as a small entity 
and that this proposal will have a significant economic impact on your 
business, please submit a comment (see addresses) explaining why you 
think your business qualifies and in what way and to what degree this 
proposal will economically affect your business.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal does not have sufficient federalism 
implication to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under section 2.B.2.C of Commandant 
Instruction M16475.1B, it is an action under the Coast Guard's 
statutory authority to protect public safety and is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination will be included in the docket for inspection 
or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Proposed Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:
    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5.; 49 CFR 1.46.

    2. Section 165.121 is amended by revising paragraph (a)(3) to read 
as follows:


Sec. 165.121  Safety Zone: Rhode Island Sound, Narragansett Bay, 
Providence River.

    (a) * * *
    (3) For Liquefied Petroleum Gas (LPG) vessels while moored at the 
LPG facility, Port of Providence; a safety zone within 50 feet around 
the vessel. No vessel shall moor within 200 feet from the LPG vessel. 
All vessels transiting the area are to proceed with caution to minimize 
the effects of wake around the LPG vessel.
* * * * *
    Dated: February 22, 1994.
H.D. Robinson,
Captain, Coast Guard, Captain of the Port, Providence, RI.
[FR Doc. 94-5285 Filed 3-7-94; 8:45 am]
BILLING CODE 4910-14-M