[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25725]
[[Page Unknown]]
[Federal Register: October 18, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-92-004]
RIN 2115-A97
Safety Zone; Rhode Island Sound, Narragansett Bay, Providence
River
agency: Coast Guard, DOT.
action: Final rule.
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summary: The Coast Guard amends the regulation concerning the safety
zone around Liquefied Petroleum Gas (LPG) vessels moored at the LPG
facility in the Port of Providence. This amendment reduces the distance
a vessel must moor from a LPG vessel at the LPG facility in the Port of
Providence from 400 feet to 200 feet. This action is necessary to
eliminate unnecessary economic hardship on the commercial shipping
industry. Reduction of the required empty pier space from 400 feet to
200 feet fore and aft of LPG vessels will continue to provide the
necessary level of safety and will also provide the space necessary to
respond effectively to a LPG emergency.
effective date: This regulation is effective November 17, 1994.
for further information contact: MST1 Jeffrey Perdue of Marine Safety
Office Providence at (401) 435-2300.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this regulation are MST1 Jeffrey Perdue, Coast
Guard Captain of the Port Providence, Project Manager and Lieutenant
Commander J. Stieb, First Coast Guard District Legal Office, Project
Counsel.
Regulatory History
On March 8, 1994, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled SAFETY ZONE: Rhode Island Sound,
Narragansett Bay, Providence River in the Federal Register, 59 FR
10775. The Coast Guard received no comments on the proposal. A public
hearing was not requested and one was not held. The Coast Guard is
publishing the rule as proposed.
Background and Purpose
The regulations contained in 33 CFR 165.121 outline safety zones
required for LPG vessels visiting the Port of Providence under a
variety of conditions. The regulations establish safety zones around
LPG vessels at anchor, transiting Narragansett Bay, while moored at the
LPG facility, Port of Providence, and around the shoreside manifold
during LPG transfer operations. This amendment only concerns the safety
zone required around LPG vessels moored at the LPG facility, Port of
Providence.
33 CFR 165.121(a)(3) establishes a 50 foot safety zone around a
moored LPG vessel and also requires that no vessel may moor within 400
feet of a LPG vessel moored at the facility. Industry personnel have
continually expressed dissatisfaction with the 400 foot requirement,
contending that it places an unnecessary economic burden on the
industry involved in and affected by LPG evolutions. Coast Guard
research into this issue has shown that prohibiting vessels from
mooring within 400 feet from LPG vessels moored at the LPG facility is
excessive and unnecessary. Reduction of the requirement from 400 feet
to 200 feet provides ignition source protection and the necessary space
for shoreside or waterside firefighting or tug-assisted emergency
break-away from the pier.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
This amendment is an act of deregulation designed to eliminate an
unnecessary burden. Reducing the safety zone around a moored LPG vessel
from 400 feet to 200 feet fore and aft will benefit the LPG facility
economically in that the required total additional pier space for which
they must pay to meet the regulations is reduced from 800 feet to 400
feet. This will also benefit the Port of Providence economically in
that more pier space will be available for other vessels to moor while
a LPG vessel is in port.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632).
For the reasons discussed in the Regulatory Evaluation, the Coast
Guard expects the economic impact of this rule to be minimal and the
Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), that this final rule will not
have a significant economic impact on a substantial number of small
entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this action in accordance with the
principals and criteria contained in Executive Order 12612 and has
determined that this final rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
regulation and concluded that under section 2.B.2.e of Commandant
Instruction M16475.1B, they are categorically excluded from further
environmental documentation. A Categorical Exclusion Determination is
available in the docket for inspection or copying where indicated.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 604-
1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Section 165.121 is amended by revising paragraph (a)(3) to read
as follows:
Sec. 165.121 Safety Zone: Rhode Island Sound, Narragansett Bay,
Providence River.
(a) * * *
(3) For Liquefied Petroleum Gas (LPG) vessels while moored at the
LPG facility, Port of Providence; a safety zone within 50 feet around
the vessel. No vessel shall moor within 200 feet from the LPG vessel.
All vessels transiting the area are to proceed with caution to minimize
the effects of wake around the LPG vessel.
* * * * *
Dated: October 3, 1994.
P.A. Turlo,
Captain, U.S. Coast Guard, Captain of the Port, Providence.
[FR Doc. 94-25725 Filed 10-17-94; 8:45 am]
BILLING CODE 4910-14-M
