[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18397-18399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7890]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0939]
RIN 1625-AA00


Safety Zones; M/V Davy Crockett, Columbia and Willamette Rivers

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is extending the stationary and moving 
emergency safety zones established on the waters of the Columbia and 
Willamette Rivers surrounding the M/V DAVY CROCKETT. The Coast Guard is 
also reducing the size of the stationary emergency safety zone 
surrounding the M/V DAVY CROCKETT at approximately river mile 117 on 
the Columbia River. The safety zones are necessary to help ensure the 
safety of the response workers and maritime public from the hazards 
associated with deleterious state of and ongoing response operations 
involving the M/V DAVY CROCKETT. All persons and vessels are prohibited 
from entering or remaining in the safety zones unless authorized by the 
Captain of the Port, Columbia River or his designated representative.

DATES: This rule is effective from April 4, 2011 through April 17, 
2011. This rule is effective with actual notice for purposes of 
enforcement on March 11, 2011. This rule will remain in effect through 
April 17, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0939 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0939 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail MST1 Jaime Sayers, Waterways Management 
Division, Marine Safety Unit Portland, Coast Guard; telephone 503-240-
9319, e-mail [email protected]. If you have questions on viewing 
the docket, call Renee V. Wright, Program Manager,

[[Page 18398]]

Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because to do so would be contrary to public 
interest since the safety zones are immediately necessary to help 
ensure the safety of the response workers and maritime public due to 
deleterious state of and ongoing response operations involving the M/V 
DAVY CROCKETT.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register because to do so would be contrary 
to public interest since the safety zones are immediately necessary to 
help ensure the safety of the response workers and maritime public due 
to deleterious state of and ongoing response operations involving the 
M/V DAVY CROCKETT.

Background and Purpose

    The M/V DAVY CROCKETT, a 431 ft barge, is anchored on the 
Washington State side of the Columbia River at approximately river mile 
117. The vessel is in a severe state of disrepair. The Coast Guard, 
other state and federal agencies, and Federal contractors are working 
to remove the vessel. The response operations require a minimal wake in 
the vicinity of the vessel to minimize the spread of contaminants and 
help ensure the safety of response workers on or near the vessel and in 
the water. In addition, due the deleterious state of the vessel only 
authorized persons and/or vessels can be safely allowed on or near it.
    All or portions of the M/V DAVY CROCKETT may be removed and 
transported to another location for cleaning and scrapping. Due to the 
inherent dangers associated with moving large pieces of such a vessel, 
only authorized persons and vessels can be safely allowed on or near 
it.

Discussion of Rule

    The stationary safety zone created by this rule will cover all 
waters of the Columbia River encompassed within the following four 
points: Point one at 45[deg]34'59.16'' N/122[deg]28'27.19'' W, point 
two at 45[deg]34'54.95'' N/122[deg]28'27.84'' W, point three at 
45[deg]34'54.91'' N/122[deg]28'14.48'' W, and point four at 
45[deg]34'57.43'' N/122[deg]26'14.63'' W. Geographically this area 
encompasses all waters of the Columbia River within a rectangle 
starting at approximately 200 ft up river of the M/V DAVY CROCKETT 
extending to 200 ft toward the river channel from the M/V DAVEY 
CROCKETT and then ending 200 ft down river the M/V DAVY CROCKETT.
    The moving safety zone created by this rule will encompass all 
waters of the Columbia and Willamette Rivers within 200 feet in all 
directions around any portion of the M/V DAVY CROCKETT.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    The Coast Guard has made this determination based on the fact that 
the safety zones created by this rule will not significantly affect the 
maritime public because the areas covered are limited in size and/or 
have little commercial or recreational activity. In addition, vessels 
may enter the safety zones with the permission of the Captain of the 
Port, Columbia River or his designated representative.

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. This rule may affect the following entities some of which may 
be small entities: the owners and operators of vessels intending to 
operate in the areas covered by the safety zones created in this rule. 
The safety zones will not have a significant economic impact on a 
substantial number of small entities, however, because the areas 
covered are limited in size and/or have little commercial or 
recreational activity. In addition, vessels may enter the safety zones 
with the permission of the Captain of the Port, Columbia River or his 
designated representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can 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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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

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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 (adjusted for inflation) 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 cause 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, 
eliminates 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves the creation of safety zones. An 
environmental analysis checklist and a categorical exclusion 
determination will be available in the docket where

List of Subjects in 33 CFR Part 165

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Revise Sec.  165.T13-175 to read as follows:


Sec.  165.T13-175  Safety Zones; M/V Davy Crockett, Columbia and 
Willamette Rivers.

    (a) Location: The following areas are safety zones:
    (1) All waters of the Columbia River encompassed within the 
following four points: point one at 45[deg]34'59.16'' N/
122[deg]28'27.19'' W, point two at 45[deg]34'54.95'' N/
122[deg]28'27.84'' W, point three at 45[deg]34'54.91'' N/
122[deg]28'14.48'' W, and point four at 45[deg]34'57.43'' N/
122[deg]26'14.63'' W. Geographically this area encompasses all waters 
of the Columbia River within a rectangle starting at approximately 200 
ft up river of the M/V DAVY CROCKETT extending to 200 ft toward the 
river channel from the M/V DAVEY CROCKETT and then ending 200 ft down 
river the M/V DAVY CROCKETT.
    The moving safety zone created by this rule will encompass all 
waters of the Columbia and Willamette Rivers within 200 feet in all 
directions around any portion of the M/V DAVY CROCKETT.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no person may enter or remain in the safety 
zones created in this section or bring, cause to be brought, or allow 
to remain in the safety zones created in this section any vehicle, 
vessel, or object unless authorized by the Captain of the Port, 
Columbia River or his designated representative.
    (c) Enforcement Period. The safety zones created in this section 
will be in effect from March 11, 2011 through April 17, 2011 unless 
cancelled sooner by the Captain of the Port, Columbia River.

    Dated: March 14, 2011.
L.R. Tumbarello,
Captain, U.S. Coast Guard, Acting Captain of the Port, Columbia River.
[FR Doc. 2011-7890 Filed 4-1-11; 8:45 am]
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