[Federal Register Volume 60, Number 183 (Thursday, September 21, 1995)]
[Rules and Regulations]
[Pages 48894-48896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23354]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-95-039]


Safety Zone Regulation; Trojan Nuclear Plant, Rainier, OR, to 
Port of Benton, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a moving safety zone around 
the barge ZB-1801 and accompanying towboats as the vessels complete 
five separate transits through U.S. navigable waters between Rainier, 
Oregon, and Benton, Washington. A safety zone is needed to protect the 
barge ZB-1801 and accompanying 

[[Page 48895]]
towboats, persons, facilities, and other vessels from safety hazards 
associated with onlookers and others who may wish to view the barge at 
close range. Entry into the safety zone is prohibited unless authorized 
by the Captain of the Port.

EFFECTIVE DATE: This regulation becomes effective on September 20, 1995 
at 12 a.m. (PDT) and will terminate on November 19, 1995 at 12 p.m. 
(PST), unless sooner terminated by the Captain of the Port.

FOR FURTHER INFORMATION CONTACT:
LTJG C. A. Roskam, c/o U.S. Coast Guard Captain of the Port, 6767 N. 
Basin Ave., Portland, Oregon 97217-3992, Ph: (503) 240-9338.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of 
Proposed Rulemaking was not published for this regulation and good 
cause exists for making it effective in less than 30 days after Federal 
Register publication. Specific final details regarding the schedule of 
the barge movements were not available in sufficient time to allow for 
the publication of a Notice of Proposed Rulemaking. Publishing a Notice 
of Proposed Rulemaking and delaying this regulation's effective date 
would be contrary to the public interest since immediate action is 
needed to prevent potential hazards to the barge ZB-1801 and other 
vessels that may transit the area. For these reasons, normal rulemaking 
procedures would have been impracticable.

Drafting Information

    The drafters of this regulation are LTJG C. A. Roskam, Project 
Officer for the Captain of the Port, and LCDR John C. Odell, Project 
Attorney, Thirteenth Coast Guard District Legal Office.

Discussion of Regulation

    The event requiring this regulation will begin on September 20, 
1995 at 2 p.m. (PDT). Upon request of the Portland General Electric 
Company, the Coast Guard is establishing a moving safety zone 
consisting of all navigable waters within 100 yards of the barge ZB-
1801 and accompanying towboats. While this safety zone is in effect, 
these vessels are expected to complete five separate round-trip 
transits on the Columbia River from the Trojan Nuclear Plant in 
Rainier, Oregon, to the Port of Benton, Washington. The safety zone 
will be in effect at all times while the barge is being loaded at the 
Trojan Nuclear Plant, while the barge and accompanying towboats transit 
from the Trojan Nuclear Plant to the Port of Benton, while the barge is 
unloaded at the Port of Benton, and during the barge's return transits 
to the Trojan Nuclear Plant. Thus, the safety zone remains in effect 
for the duration of the five transits, each of which may result in a 
large number of vessels congregating near, or in the path of the barge 
and towboats. This safety zone is needed due to the limited 
maneuverability of the barge and towboats, as well as the need to 
ensure the safety of mariners who may attempt to approach the barge and 
towboats during loading, unloading, and transiting. This moving safety 
zone will be enforced by representatives of the Captain of the Port, 
Portland, Oregon. The Captain of the Port may be assisted by other 
federal agencies.

Regulatory Evaluation

    This temporary final rule is not a significant regulatory action 
under section 3(f) of Executive Order 12866 and does not require an 
assessment of potential cost 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 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 expectation is based on the 
relatively short duration of the safety zone and the small geographic 
area affected.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard was required to consider whether this action would have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000. Because it expects the impact of this 
action to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this action will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

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

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been 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 action 
and concluded that, under paragraph 2.B.2.c. of Commandant Instruction 
M16475.1B, this action is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination 
statement has been prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 165

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

Temporary Regulation

    For the reasons set out in the preamble, the Coast Guard amends 
subpart C of part 165 of title 33, Code of Federal Regulations, 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), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A new section 165.T13-036 is added to read as follows:


Sec. 165.T13-036  Safety zone: COTP Portland, Oregon.

    (a) Location. The following area is a safety zone: All waters 
within 100 yards of the barge ZB-1801 and accompanying towboats during 
the loading of the barge ZB-1801 at the Trojan Nuclear Plant, and while 
in transit from the Trojan Nuclear Plant, Rainier, Oregon, to the Port 
of Benton, Washington. The safety zone continues while the barge is 
unloaded at the Port of Benton, and remains in effect during the 
barge's return transits to the Trojan Nuclear Plant. The barge and 
accompanying towboats will make approximately five round-trip transits 
between the Trojan Nuclear Plant and the Port of Benton during the time 
this safety zone is in effect.
    (b) Definitions. A designated representative of the Captain of the 
Port is any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the Captain of the Port Portland, to act on his 
behalf. The 

[[Page 48896]]
following officers have or will be designated by the Captain of the 
Port: the Coast Guard Patrol Commander, the senior boarding officer on 
each vessel enforcing the safety zone, and the Duty Officer at Coast 
Guard Group Portland, Oregon.
    (c) Regulations. In accordance with the general regulations in 
Section 165.23 of this part, entry into this zone is prohibited, unless 
authorized by the Captain of the Port or his designated 
representatives.
    (d) Effective Dates. This section is effective on September 20, 
1995 at 12 a.m. (PDT), and remains in effect until November 19, 1995 at 
12 p.m. (PST), unless sooner terminated by the Captain of the Port.

    Dated: August 29, 1995.
C.E. Bills,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 95-23354 Filed 9-20-95; 8:45 am]
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