[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25725]


[[Page Unknown]]

[Federal Register: October 18, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-92-004]
RIN 2115-A97

 

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

agency: Coast Guard, DOT.

action: Final rule.

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summary: The Coast Guard amends the regulation concerning the safety 
zone around Liquefied Petroleum Gas (LPG) vessels moored at the LPG 
facility in the Port of Providence. This amendment reduces the distance 
a vessel must moor from a 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 a LPG emergency.

effective date: This regulation is effective November 17, 1994.

for further information contact: MST1 Jeffrey Perdue of Marine Safety 
Office Providence at (401) 435-2300.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this regulation are MST1 Jeffrey Perdue, Coast 
Guard Captain of the Port Providence, Project Manager and Lieutenant 
Commander J. Stieb, First Coast Guard District Legal Office, Project 
Counsel.

Regulatory History

    On March 8, 1994, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled SAFETY ZONE: Rhode Island Sound, 
Narragansett Bay, Providence River in the Federal Register, 59 FR 
10775. The Coast Guard received no comments on the proposal. A public 
hearing was not requested and one was not held. The Coast Guard is 
publishing the rule as proposed.

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. This 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 a 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 this issue has shown that prohibiting vessels from 
mooring within 400 feet from LPG vessels moored at the LPG facility is 
excessive and unnecessary. Reduction of the requirement from 400 feet 
to 200 feet provides ignition source protection and the necessary space 
for shoreside or waterside firefighting or tug-assisted emergency 
break-away from the pier.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.
    This amendment is an act of deregulation designed to eliminate an 
unnecessary burden. Reducing the safety zone around a moored LPG vessel 
from 400 feet to 200 feet fore and aft will benefit the LPG facility 
economically in that the required total additional pier space for which 
they must pay to meet the regulations is reduced from 800 feet to 400 
feet. This will also benefit the Port of Providence economically in 
that more pier space will be available for other vessels to moor while 
a 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 rule 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 the economic impact of this rule to be minimal and the 
Coast Guard certifies under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), that this final rule will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This rule 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 action in accordance with the 
principals and criteria contained in Executive Order 12612 and has 
determined that this final rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
regulation and concluded that under section 2.B.2.e of Commandant 
Instruction M16475.1B, they are categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination is 
available in the docket for inspection or copying where indicated.

List of Subjects in 33 CFR Part 165

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

Final Regulation

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:

PART 165--[AMENDED]

    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), 604-
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: October 3, 1994.
P.A. Turlo,
Captain, U.S. Coast Guard, Captain of the Port, Providence.
[FR Doc. 94-25725 Filed 10-17-94; 8:45 am]
BILLING CODE 4910-14-M