[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Proposed Rules]
[Pages 76328-76331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30738]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-1134]
RIN 1625-AA87


Security Zone; Vessels Carrying Hazardous Cargo, Sector Columbia 
River Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes the establishment of a 500 yard 
security zone around vessels carrying hazardous cargo, as determined by 
the Captain of the Port (COTP) Columbia River, when such vessels are 
located in the Sector Columbia River COTP Zone as defined in 33 CFR 
3.65-15 and the COTP Columbia River determines that a security zone is 
necessary and enforcement of that security zone is practicable. The 
security zones will help ensure the security of the vessels themselves 
as well as the maritime public due to the hazardous nature of the cargo 
on board.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 8, 2011. Requests for public meetings must be 
received by the Coast Guard on or before January 24, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-1134 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail MST1 Jaime Sayers, Waterways Management Division, 
Coast Guard Sector Columbia River; telephone 503-240-9319, e-mail 
<a href="/cdn-cgi/l/email-protection#b4fed5ddd9d19af59ae7d5cdd1c6c7f4c1c7d7d39ad9ddd8"><span class="__cf_email__" data-cfemail="5d173c343038731c730e3c24382f2e1d282e3e3a73303431">[email protected]</span></a>. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-1134), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online(via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2009-1134'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an

[[Page 76329]]

unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and we may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2009-1134'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act, system of 
records notice regarding our public dockets in the January 17, 2008, 
issue of the Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before January 24, 2011 using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

Background and Purpose

    Vessels carrying hazardous cargo occasionally operate in the Sector 
Columbia River COTP Zone. Examples of hazardous cargoes include, but 
are not limited to, liquefied petroleum gas, ammonium nitrate and 
associated mixtures, anhydrous ammonia, and chlorine. The security 
zones that would be created by this rule will help ensure the security 
of the vessels themselves as well as the maritime public in general by 
prohibiting all persons or vessels from coming within 500 yards of such 
vessels while located in Sector Columbia River COTP Zone. In the past, 
the COTP Columbia River has issued temporary security zones to cover 
certain vessels carrying hazardous cargo.

Discussion of Proposed Rule

    The Coast Guard proposes the establishment of a 500 yard security 
zone around any vessel carrying hazardous cargo, as determined by the 
COTP Columbia River, when such a vessel is located in the Sector 
Columbia River COTP Zone as defined in 33 CFR 3.65-15 and the COTP 
Columbia River determines that a security zone is necessary and 
enforcement of that security zone is practicable.
    All persons and vessels would be prohibited from entering or 
remaining in the security zone unless authorized by the COTP Columbia 
River. The maritime public will be notified when a security zone is 
effective via the presence of one or more Coast Guard vessels to 
enforce the zone and a local broadcast notice to mariners.

Regulatory Analyses

    We developed this proposed 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 proposed 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 security zones created by 
this rule will only be in effect during the limited periods of time 
when vessels carrying hazardous cargo, as determined by the COTP 
Columbia River, are located in the Sector Columbia River COTP Zone. In 
addition, maritime traffic will be able to transit around the security 
zones or, if necessary, may be allowed to transit through the security 
zones with permission from the COTP Columbia River.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed rule may affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to operate in an area covered by a security zone created by 
this rule. The security zones created by this rule will not have a 
significant economic impact on a substantial number of small entities, 
however, because they will only be in effect during the limited periods 
of time when vessels carrying hazardous cargo, as determined by the 
COTP Columbia River, are located in the Sector Columbia River COTP 
Zone. In addition, maritime traffic will be able to transit around the 
security zones or, if necessary, may be allowed to transit through the 
security zones with permission from the COTP Columbia River.
    If you think 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 think 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 want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact MST1 Jaime Sayers, 
Waterways Management Division, Coast Guard Sector Columbia River at 
telephone 503-240-9319. The Coast Guard will not retaliate against 
small entities that question or complain about this proposed rule or 
any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the

[[Page 76330]]

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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have Tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. We 
invite your comments on how this proposed rule might impact Tribal 
governments, even if that impact may not constitute a ``Tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.1D, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the establishment of a security zone. Therefore, this 
rule would be categorically excluded under Figure 2-1, paragraph (34) 
(g) of Commandant Instruction M16475.1D, which addresses regulations 
establishing, disestablishing, or changing regulated navigable areas 
and security or safety zones. We seek any comments or information that 
may lead to the discovery of a significant environmental impact from 
this proposed 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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.1335 to read as follows:


Sec.  165.1335  Security Zone; Vessels Carrying Hazardous Cargo, Sector 
Columbia River Captain of the Port Zone.

    (a) Location. The following area is a security zone: All waters 
within 500 yards, in all directions, of any vessel carrying hazardous 
cargo, as determined by the Captain of the Port (COTP) Columbia River, 
while such a vessel is located in the Sector Columbia River COTP Zone 
as defined in 33 CFR 3.65-15 and the COTP Columbia River determines 
that a security zone is necessary and enforcement of the security zone 
is practicable.
    (b) Regulations. (1) In accordance with the general regulations in 
33 CFR part 165, subpart D, no person or vessel may enter or remain in 
a security zone created by this section without the permission of the 
COTP Columbia River or his/her designated representative. Designated 
representatives are Coast Guard personnel authorized by the COTP 
Columbia River to grant persons or vessels permission to enter or 
remain in a security zone created by this section. Subpart D of 33 CFR 
part 165 contains additional provisions applicable to a security zone 
created by this section.
    (2) To request permission to enter a security zone created by this 
section, contact Coast Guard Sector Columbia River at telephone number 
503-861-

[[Page 76331]]

6212 or via VHF channel 16 (156.8 MHz) or VHF channel 22 (157.1 MHz).
    (c) Notification. When a security zone is created by this section, 
one or more Coast Guard vessels will be present to enforce the security 
zone and the COTP Columbia River will issue a local broadcast notice to 
mariners.

    Dated: November 5, 2010.
D.E. Kaup,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2010-30738 Filed 12-7-10; 8:45 am]
BILLING CODE 9110-04-P


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