[Federal Register Volume 65, Number 172 (Tuesday, September 5, 2000)]
[Rules and Regulations]
[Pages 53593-53595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22567]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 162

[CGD 09-00-010]
RIN 2115-AG01


Inland Waterways Navigation Regulations; Ports and Waterways 
Safety

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: By this direct final rule, the Coast Guard is removing an 
inland waterway navigation regulation that sets time limit requirements 
and requires Captain of the Port approval before using the Portage 
River and Lily Pond Harbor in Michigan as harbors of refuge. The 
elimination of this rule is necessary because Portage River and Lily 
Pond Harbor are no longer used as harbors of safe refugee.

DATES: This rule is effective on December 4, 2000, unless a written 
adverse comment, or written notice of intent to submit an adverse 
comment, reaches Marine Safety Office Duluth by November 6, 2000. If an 
adverse comment, or notice of intent to submit an adverse comment, is 
received, the Coast Guard will withdraw this direct final rule and 
publish a timely notice of withdrawal in the Federal Register. Comments 
must be received on or before November 6, 2000.

ADDRESSES: Comments may be mailed to the United States Coast Guard, 
Marine Safety Office Duluth, 600 South Lake Avenue, Duluth, Minnesota 
55802, or may be delivered to the same address between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.
    The Marine Safety Office Duluth 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 Duluth, 600 
South Lake Avenue, Duluth, Minnesota, between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact 
Lieutenant Randy Wagner, United States Coast Guard, Marine Safety 
Office Duluth, Minnesota telephone (218) 720-5286.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views or arguments for or 
against this rule. Persons submitting comments should include names and 
addresses, identify the rulemaking [CGD09-00-010] and the specific 
section of this rule to which each comment applies, and give the 
reason(s) for each comment. Please submit all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing to the address under ADDRESSES. Persons 
wanting acknowledgement of receipt of comments should enclose a 
stamped, self-addressed postcards or envelopes.

Regulatory Information

    The Coast Guard is publishing a direct final rule, the procedures 
of which are outlined in 33 CFR 1.05-55, because no adverse comments 
are anticipated. If no adverse comment or any written notice of intent 
to submit an adverse comment is received within the specified comment 
period, this rule will become effective as stated in the DATES section. 
In that case, approximately 30 days before the effective date, the 
Coast Guard will publish a document in the Federal Register stating 
that no adverse comment was received and confirming that this rule will 
become effective as scheduled. However, if the Coast Guard receives a 
written adverse comment or

[[Page 53594]]

written notice of intent to submit adverse comment, the Coast Guard 
will publish a document in the Federal Register announcing withdrawal 
of all or part of this direct final rule. If an adverse comment applies 
to only part of this rule (e.g. an amendment, a section or a paragraph) 
and it is possible to remove that part without defeating the purpose of 
the rule, the Coast Guard may adopt as final those parts of this rule 
on which no adverse comment was received. The part of this rule that 
was the subject of an adverse comment will be withdrawn. If the Coast 
Guard decides to proceed with a rulemaking following receipt of an 
adverse comment, the Coast Guard will publish a separate Notice of 
Proposed Rulemaking (NPRM) and provide a new opportunity for comment.
    A comment is considered ``adverse'' if the comment explains why 
this rule would be inappropriate, including a challenge to the rule's 
underlying premise or approach, or would be ineffective or unacceptable 
without a change.

Background and Purpose

    The Coast Guard is removing an inland waterway navigation 
regulation that sets time limit requirements and requires Captain of 
the Port approval before using the Portage River and Lily Pond Harbor 
in Michigan as harbors of refuge. The elimination of this rule is 
necessary because Portage River and Lily Pond Harbor are no longer used 
as harbors of safe refugee. This change is being made to reduce the 
regulatory burden the Coast Guard imposes on the shipping community.
    It has been years since lake traffic has used the locations 
addressed as Harbors of Safe Refuge to escape rough weather. In fact, 
only one lake vessel in current operation is small enough to moor at 
either location. The property is owned and maintained by the Army Corps 
of Engineers (ACOE) and the will continue to maintain and use them for 
storage of their operational materials. This recommendation came from 
information provided by the ACOE's Area Engineer, the ACOE District 
office, Lake Carriers Association, and the Great Lakes Navigation 
Committee.

Discussion of Rules

    The Coast Guard is removing an inland waterway navigation 
regulation that sets time limit requirements and requires Captain of 
the Port approval before using the Portage River and Lily Pond Harbor 
in Michigan as harbors of refuge. The elimination of this rule is 
necessary because Portage River and Lily Pond Harbor are no longer used 
as harbors of safe refugee. This change is being made to eliminate the 
need for Captain of the Port approval, thereby reducing the regulatory 
burden the Coast Guard imposes on the shipping community.
    The rule in 162.115(b) is no longer applicable, because the 
condition of neither harbor allows a vessel with a draft of more than 
10 feet to enter. It has been years since lake traffic has used the 
locations addressed as Harbors of Safe Refuge to escape rough weather. 
In fact, only one lake vessel in current operation is small enough to 
moor at either location. The property is owned and maintained by the 
Army Corps of Engineers (ACOE) and they will continue to maintain and 
use them for storage of their operational materials. This 
recommendation came from information provided by the ACOE's Area 
Engineer, the ACOE District office, Lake Carriers Association, and the 
Great Lakes Navigation Committee.
    The designation of these locations as Harbors of Safe Refuge will 
still remain in Coast Pilot 6 and on the navigation charts, but the 
time limit and reporting requirement should be removed from the 
regulation. Therefore, the Coast Guard is removing 165.211 (b).

Regulatory Evaluation

    This rule 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. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040, February 26, 
l979). The Coast Guard expects the economic impact of this rule to be 
so minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. This 
regulatory change imposes no burdens on the public, because it 
eliminates the need for vessels to obtain federal grant approval before 
seeking refuge in adverse weather in Portage River harbor or Lily Pond 
harbor.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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.
    This rule simply eliminates the need for a vessel to obtain federal 
grant approval before seeking refuge from adverse weather in two Lake 
Superior ports. It imposes no cost to any small entity. Therefore, 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.

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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1,

[[Page 53595]]

paragraph (34)(g), of Commandant Instruction M16475.lC, this rule is 
categorically excluded from further environmental documentation because 
it disestablishes a regulated navigation area. A ``Categorical 
Exclusion Determination'' is not required.

List of Subjects in 33 CFR Part 162

    Navigation (water), Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 162.115 as follows:

PART 162--[AMENDED]

    1. The authority citation for Part 162 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46.


Sec. 162.115  [REVISED]

    2. Section 162.115 is amended by removing paragraph (b) and 
removing the designator to paragraph (a).

    Dated: August 18, 2000.
G.S. Cope,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard 
District.
[FR Doc. 00-22567 Filed 9-1-00; 8:45 am]
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