[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Rules and Regulations]
[Pages 21253-21255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9144]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Safety Zone; M/V DAVY CROCKETT, Columbia River

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is extending and expanding the emergency 
safety zone established on the waters of the Columbia River surrounding 
the M/V DAVY CROCKETT at approximately river mile 117 on January 28, 
2011. The safety zone is 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 zone unless authorized by the Captain of the 
Port, Columbia River or his designated representative.

DATES: This rule is effective from April 15, 2011 through May 17, 2011. 
This rule is effective with actual notice for purposes of enforcement 
on March 28, 2011. This rule will remain in effect through May 17, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the

[[Page 21254]]

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, 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 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 to the deleterious state of the vessel only 
authorized persons and/or vessels can be safely allowed on or near it.
    A 300 ft safety zone is necessary to keep vessels clear of the 
ongoing response operations surrounding the M/V DAVY CROCKETT. The 
previous 200 ft zone was an inadequate distance to mitigate the wake of 
transiting and nearby vessels.

Discussion of Rule

    The Coast Guard is extending and expanding the stationary safety 
zone created by this rule 100 ft past the previous 200 ft safety zone. 
The amended safety zone will cover all waters of the Columbia River 
encompassed within the following four points: point one at 
45[deg]34'59.74'' N/122[deg]28'35.00'' W on the Washington bank of the 
Columbia River then proceeding into the river to point two at 
45[deg]34'51.42'' N/122[deg]28'35.47'' W, then proceeding upriver to 
the third point at 45[deg]34'51.02'' N/122[deg]28'07.32'' W, then 
proceeding to the shoreline to the fourth point on the Washington Bank 
at 45[deg]34'56.06'' N/122[deg]28'07.36'' W, then back along the 
shoreline to point one. Geographically this encompasses all the waters 
within an area starting at approximately 300 ft upriver from the M/V 
DAVY CROCKETT extending to 300 ft abreast of the M/V DAVY CROCKETT and 
then ending 300 ft down river 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 because the areas covered are 
limited in size. 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

[[Page 21255]]

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 (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. Add Sec.  165.T13-175 to read as follows:


Sec.  165.T13-175  Safety Zone; M/V DAVY CROCKETT, Columbia River.

    (a) Location: The following area is a safety zone:
    (1) All waters of the Columbia River encompassed within the 
following four points: point one at 45[deg]34' 59.74'' N/
122[deg]28'35.00'' W on the Washington bank of the Columbia River then 
proceeding into the river to point two at 45[deg]34'51.42'' N/
122[deg]28'35.47'' W, then proceeding upriver to the third point at 
45[deg]34'51.02'' N/122[deg]28'07.32'' W, then proceeding to the 
shoreline to the fourth point on the Washington Bank at 
45[deg]34'56.06'' N/122[deg]28'07.36'' W, then back along the shoreline 
to point one. Geographically this encompasses all the waters within an 
area starting at approximately 300 ft upriver from the M/V DAVY 
CROCKETT extending to 300 ft abreast of the M/V DAVY CROCKETT and then 
ending 300 ft down river 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 
zone created in this section or bring, cause to be brought, or allow to 
remain in the safety zone 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 zone created in this section 
will be in effect from March 28, 2011 through May 17, 2011 unless 
cancelled sooner by the Captain of the Port, Columbia River.

    Dated: March 28, 2011.
D.E. Kaup,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2011-9144 Filed 4-14-11; 8:45 am]
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