[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Rules and Regulations]
[Pages 43291-43292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20513]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-99-033]
RIN 2115-AA97


Safety Zone Regulation; Columbia River, St. Helens, Oregon, to 
Port of Benton, Washington

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 300 yard moving safety zone 
around the composite vessel consisting of the tugs LEWISTON and 
NOYDENA, and the RVAIR transport barge, as this composite vessel 
transits through U.S. navigable waters from St. Helens, Oregon 
(Columbia River mile 72.5) to Benton, Washington (Columbia River mile 
342) from 5:30 a.m. (PDT) on August 4, 1999 through 11:30 p.m. (PDT) 
August 10, 1999. This moving safety zone is needed to protect the 
composite vessel, persons, facilities, and other vessels from the 
safety hazards inherent to a vessel restricted in maneuverability and 
transporting Type B claissifed radioactive materials in a river 
environment. Entry into this zone is prohibited unless authorized by 
the Captain of the Port.

DATES: This regulation is effective form 5:30 a.m. (PDT) on August 4, 
1999 through 11:30 p.m. (PDT) August 10, 1999.

ADDRESSES: Documetns as indicated in this preamble are available for 
inspection or copying at the U.S. Coast Guard Group/MSO Portland, 
Oregon 6767 N. Basin Ave, Portland, Oregon 97217. Normal office hours 
are between 7:00 a.m. and 4 p.m., Monday through Friday, except federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Tom Allan, c/o Captain of 
the Port, Portland, Oregon 6767 N. Basin Avenue, Portland, Oregon 
97217, (503) 240-9327.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, notice of proposed rulemaking has not 
been published for this regulation and good

[[Page 43292]]

cause exists for making it effective less than 30 days from date of 
publciaiton in the Federal Register. Publishing a NPRM would be 
contrary to public interest since immediate action is necessary to 
protect the composite vessel consisting of the tugs LEWISTON and 
NOYDENA, and the RVAIR transport barge, persons, facilities, and other 
vessels from the safety hazards inherent to a vessel restricted in 
maneuverability and transporting Type B classified radioactive 
materials in a river environment. Due to the complex planning and 
coordination, the event sponsor, Portland General Electric was unable 
to provide the Coast Guard with notice of the final details until less 
than 30 days prior to the date of the event. If normal notice and 
comment procedures were followed, this rule would not become effective 
until after the date of the event. For this reason, following normal 
rulemaking procedures in this case would be impracticable and contrary 
to the public interest.

Background and Purpose

    The Coast Guard is adopting a temporary moving safety zone 
regulation for the Trojan Reactor Vessel and Internals Removal Project 
transport from St. Helens, Oregon to Benton, WA. The zone is needed to 
protect the composite vessel consisting of the tugs LEWISTON and 
NOYDENA, and the RVAIR transport barge, persons, facilities, and other 
vessels from the safety hazards inherent to a vessel restricted in 
maneuverability and transporting Type B classified radioactive 
materials in a river environment. 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 and local agencies.

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 procedure of the Department of Transportation (DOT) (44 CFR 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 act of DOT is 
unnecessary. This expectation is based on the fact that the regulated 
area established by the proposed regulation would encompass less than 
300 yards around the composite vessel consisting of the tugs LEWISTON 
and NOYDENA, and the RVAIR transport barge, as this composite vessel 
transits through U.S. navigable waters from St. Helens, Oregon to 
Benton, Washington.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule would have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include 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. Because the impacts of this proposal are expected to be so 
minimal, the Coast Guard certifies under 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 final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this final rule in accordance with the 
principles 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 Federal Assessment.

Environment

    The Coast Guard considered the environmental impact of this section 
and concluded that, under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. A Categorical Exclusion is provided for 
temporary safety zones of less than one week in duration. This rule 
establishes a safety zone with a duration of less than one week.

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 
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, 160.5; 49 CFR 1.46.

    2. A temporary 0165.T13-023 is added to read as follows:


Sec. 165.T13-023  Safety Zone Regulation; Columbia River St. Helens, 
Oregon, to Port of Benton, Washington.

    (a) Location. The following area is a moving safety zone: All 
waters within 300 yards of the composite vessel consisting of the tugs 
LEWISTON and NOYDENA, and the RVAIR transport barge, as this composite 
vessel transits through U.S. navigable waters from St. Helens, Oregon 
(Columbia River mile 72.5) to Benton, Washington (Columbia River mile 
342).
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, no person or vessel may enter or remain in 
this zone unless authorized by the Captain of the Port or his 
designated representatives.
    (c) Effective dates. This section is effective from 5:30 a.m. (PDT) 
on August 4, 1999 through 11:30 p.m. (PDT) August 10, 1999.

    Dated: July 28, 1999.
J.D. Spitzer,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 99-20513 Filed 8-9-99; 8:45 am]
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