[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Rules and Regulations]
[Pages 4788-4790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01234]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2013-0019
RIN 1625-AA11


Regulated Navigation Area; Reporting Requirements for Barges 
Loaded With Certain Dangerous Cargoes, Inland Rivers, Ninth Coast Guard 
District; Stay (Suspension)

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Commander, Ninth Coast Guard District is staying 
(suspending) reporting requirements under the Regulated Navigation Area 
(RNA) established for barges loaded with certain dangerous cargoes (CDC 
barges) in the inland rivers of the Ninth Coast Guard District. This 
stay (suspension) extension is necessary because the Coast Guard 
continues to analyze future reporting needs and evaluate possible 
changes in CDC reporting requirements. This stay (suspension) of the 
CDC reporting requirements in no way relieves towing vessel operators 
and fleeting area managers responsible for CDC barges in the RNA from 
their dangerous cargo or vessel arrival and movement reporting 
obligations currently in effect under other regulations or placed into 
effect under appropriate Coast Guard authority.

DATES: This rule is effective in the CFR on January 23, 2013 until 
11:59 p.m. on September 30, 2013. This rule is effective with actual 
notice for purposes of enforcement at 12:01 a.m. on January 15, 2011 
until 11:59 p.m. on September 30, 2013.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2013-0019. To view documents 
mentioned in this preamble as being available in the docket, go to 
http://www.regulations.gov, type the docket number in the ``SEARCH'' 
box and click ``SEARCH''. Click on Open Docket Folder on the line 
associated with this rulemaking. You may also visit the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 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 about this 
temporary rule, call or email LCDR David Webb, U.S. Coast Guard; 
telephone 216-902-6050, email: [email protected]. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

    CDC Certain Dangerous Cargo
    DHS Department of Homeland Security
    FR Federal Register
    NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because it would be impracticable, 
unnecessary, and contrary to the public interest.
    The contract for the CDC barge reporting system at the Inland River 
Vessel Movement Center (IRVMC) expired in January 2011. Due to the 
expiration of this contract, the Coast Guard would not be able to 
receive and process reports, therefore, in late December 2010, the 
Coast Guard decided to suspend the IRVMC reporting requirements for a 
two-year period. This suspension was published in the Federal Register 
at 76 FR 2829 (January 18, 2011), and expired on January 15, 2013.
    At this time, the contract for the CDC barge reporting system has 
not been renewed, and the Coast Guard is still considering whether to 
enter into a new contract and lift the suspension, modify the reporting 
requirements in the RNA, or repeal the RNA completely. An extension of 
the stay is necessary while the Coast Guard continues to consider these 
options.
    We believe prior notice and comment is unnecessary because we 
expect the affected public will have no objection to resuming the stay 
(suspension) of regulatory requirements that expired on January 15, 
2013. The Coast Guard received no public comment or objection regarding 
the suspension that was in effect from 2011 until January 15, 2013. 
Prior notice and comment is also contrary to the public interest 
because there is no public purpose served by continuing to require 
reports when there is no mechanism for receiving or processing those 
reports.
    Under 5 U.S.C. 553(d)(1), a substantive rule that relieves a 
restriction may be made effective less than 30 days after publication. 
This temporary final rule, suspending the reporting requirements and 
thereby relieving the regulatory restriction on towing vessel operators 
and fleeting area managers provided by 33 CFR 165.921, is effective in 
the CFR on January 23, 2013 and, for purposes of enforcement, is 
effective at 12:01 a.m. on January 15, 2011.

B. Basis and Purpose

    The legal basis for this rulemaking is the Coast Guard's authority 
to establish regulated navigation areas, under 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; Public Law 107-295, 116 Stat. 2064; and 
Department of Homeland Security Delegation No. 0170.1. An RNA is a 
water area within a defined boundary for which regulations for vessels 
navigating within the area have been established, to control vessel 
traffic in a place determined to have hazardous conditions. 33 CFR 
165.10; Commandant Instruction Manual M16704.3A, 1-6.
    The purpose of this temporary final rule is to resume the 
suspension of reporting requirements that was in place between January 
2011 and January 15, 2013. This temporary rule relieves the towing 
vessel operators and fleeting area managers responsible for CDC barges 
from the 33 CFR 165.921 reporting requirements for a nine month period.

C. Discussion of the Final Rule

    During the suspension of reporting requirements, towing vessel 
operators and fleeting area managers responsible for CDC barges will be 
relieved of their obligation to report their CDCs under 33 CFR 
165.921(d), (e), (f), (g), and (h). This suspension in no way relieves 
towing vessel operators and fleeting area managers responsible for CDC 
barges

[[Page 4789]]

from their dangerous cargo or vessel arrival and movement reporting 
obligations currently in effect under other regulations or placed into 
effect under appropriate Coast Guard authority.

D. Regulatory Analyses

    We developed this temporary final rule after considering numerous 
statutes and executive orders related to rulemaking. Below we summarize 
our analyses based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under that Order. This rule is temporary and 
limited in nature by extending the previously published suspension of 
CDC barge reporting requirements for an additional nine-month period, 
creating no undue delay to vessel traffic in the regulated area.

2. Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 will affect the following entities, some which may 
be small entities: Owners or operators of CDC barges intending to 
transit the Inland Rivers in the Ninth Coast Guard District during this 
nine month period. This rule will not have a significant economic 
impact on those entities or a substantial number of any small entities 
because this rule suspends reporting requirements for nine months.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the nine-month extension of a 
previously

[[Page 4790]]

published suspension of reporting requirements established for CDC 
barges transiting the inland rivers of the Ninth Coast Guard District. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. Under figure 2-1, paragraph (34)(g), of 
the Instruction, an environmental analysis checklist and a categorical 
exclusion determination are not required for this rule.

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; 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. Amend Sec.  165.921 by staying paragraphs (d), (e), (f), (g), and 
(h) from January 23, 2013 until 11:59 p.m. on September 30, 2013.

    Dated: January 11, 2013.
Michael N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2013-01234 Filed 1-22-13; 8:45 am]
BILLING CODE 9110-04-P