[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Rules and Regulations]
[Pages 24578-24580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3933]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-06-016]
RIN 1625-AA00


Safety Zone: M/V ZHEN HUA 1 Crane Delivery Operation, Columbia 
River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final Rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
the M/V ZHEN HUA 1 while underway, anchored or moored on the Columbia 
River. Captain of the Port, Portland Oregon is taking this action to 
safeguard individuals and vessels from safety hazards associated with 
the transit of the M/V ZHEN HUA 1 while it is transporting a gantry 
crane on the Columbia River. This rule will provide a moving safety 
zone around the vessel for the purpose of safe and efficient 
navigation.

DATES: This rule is effective from 12 a.m. (PDT) on April 24, 2006 
through 12 a.m. (PDT) on May 8, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD13-06-016] and are available for 
inspection or copying at U.S. Coast Guard Sector Portland, 6767 North 
Basin Ave., Portland, Oregon 97217 between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Christopher Lumpkin, Coast Guard 
Sector Portland, 6767 North Basin Ave., Portland, Oregon 97217, 503-
240-9301.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing an NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. Because of the unpredictable nature of the weather, 
the sponsor did not notify the Coast Guard until recently with the 
final details of the operation. The M/V ZHEN HUA 1 will be severely 
restricted in its ability to maneuver while transiting the Columbia 
River and will be a hazard to navigation and vessel traffic in the 
vicinity of the vessel. If normal notice and comment procedures were 
followed, this rule would not become effective until after the dates 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 establishing a temporary safety zone to ensure 
the safety of vessel traffic in the area of the M/V ZHEN HUA 1 as it 
enters and transits the Columbia River to the Port of Portland 
Container Terminal T-6. The safety zone is necessary because the beam 
of the vessel with the cargo exceeds 412 feet.
    The Coast Guard, through this action, intends to assist and ensure 
the safe transit of the M/V ZHEN HUA 1 because of the large area this 
vessel with its cargo will occupy as it transits the Columbia River. 
This safety zone will be enforced by representatives of the Captain of 
the Port, Portland, Oregon. Entry into the zone will be prohibited 
unless authorized by the Captain of the Port. The Captain of the Port 
may be assisted by other Federal and local agencies.

Discussion of Rule

    The M/V ZHEN HUA 1 will be transiting upbound on the Columbia River 
from the mouth of the river to the Port of Portland Container Terminal 
T-6. The vessel is transporting a gantry crane that exceeds the beam of 
the vessel on the port side by 95 feet and on the starboard side by 193 
feet. Total beam for the vessel with the crane aboard is 412 feet. 
Maximum height of the crane aboard the vessel will exceed 225 feet. 
Because of this beam width and height of its cargo, the M/V ZHEN HUA 1 
will be severely restricted in its ability to maneuver. The Coast Guard 
is establishing a safety zone encompassing a 100 hundred yard radius 
around the M/V ZHEN HUA 1. This operation is necessary for the safe 
navigation of vessel traffic due to the beam of the crane and the 
hazardous conditions associated with it. During transit under the 
bridges, safety concerns will be heightened due to the small margin of 
error for safe passage.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS). We expect the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DHS is unnecessary. This 
expectation is based on the fact that the regulated area established by 
the rule encompasses a limited area for a limited duration around the 
M/V ZHEN HUA 1 while transiting upbound on the Columbia River. The 
moving safety zone around this vessel will impinge on commercial 
traffic lanes, but will be of short duration.

[[Page 24579]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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.
    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 because the zone will only be in place for a limited duration 
of time and maritime advisories will be issued allowing mariners to 
adjust their plans accordingly. However, this rule may affect the 
following entities, some of which may be small entities: the owners and 
operators of vessels intending to transit or anchor in that portion of 
the Columbia River in which the M/V ZHEN HUA 1 is operating during the 
periods this safety zone is enforced.
    If you believe that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you believe it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, Federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation.

List of Subjects in 33 CFR Part 165

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


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:


[[Page 24580]]


    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. A temporary section 165.T13-006 is added to read as follows:


Sec.  165.T13-006  Safety Zone Regulations; M/V ZHEN HUA 1

    (a) Location. The following area is a safety zone: All waters of 
the Columbia River within a 100 yard radius centered on the M/V ZHEN 
HUA 1 while the vessel is underway, anchored or moored.
    (b) Regulations. In accordance with the general regulations in 
section 165.23, no person or vessel may enter or remain within this 
safety zone unless authorized by the Captain of the Port or his 
designated representatives.
    (c) Enforcement Period. This section will be enforced from 12 a.m. 
(PDT) on April 24, 2006 through 12 a.m. (PDT) on May 8, 2006 while the 
M/V ZHEN HUA 1 is underway, anchored or moored in the Columbia River.

    Dated: April 17, 2006.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. 06-3933 Filed 4-25-06; 8:45 am]
BILLING CODE 4910-15-P