[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5285]
[[Page Unknown]]
[Federal Register: March 8, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-92-004]
Safety Zone; Rhode Island Sound, Narragansett Bay, Providence
River
AGENCY: Coast Guard, DOT.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the regulation concerning
the safety zone required around LPG vessels moored at the LPG facility
in the Port of Providence. The amendment would reduce the distance a
vessel must moor from an 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 an LPG emergency.
DATES: Comments must be received on or by June 6, 1994.
ADDRESSES: Comments should be mailed to the Commanding Officer, Marine
Safety Office, 20 Risho Avenue, East Providence, RI 02914-1215, or may
be delivered to the above address between 7:30 a.m. and 4 p.m., Monday
through Friday, except federal holidays. The telephone number is (401)
435-2300. The Marine Safety Office maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at Marine Safety Office Providence.
FOR FURTHER INFORMATION CONTACT:
LTJG Timothy W. Pavilonis at (401) 435-2300.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are LTJG
Timothy W. Pavilonis, Project Officer, Marine Safety Office Providence,
and LCDR J. Stieb, Project Counsel, First Coast Guard District Legal
Office.
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their name and address,
identify this rulemaking (CGD01-92-004) and the specific section of
this proposal to which each comment applies, and give a reason for each
comment. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period and may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Marine Safety Office at the address
under ADDRESSES. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Regulatory History
The Coast Guard published a notice of Proposed Rulemaking, CGD01-
92-004, on June 4, 1992. As a result of this NPRM, one comment was
received. Since then, the project officer was reassigned and Marine
Safety Office Providence was relocated. During this time period, the
docket was misplaced. This Supplemental Notice of Proposed Rulemaking
is being published to provide additional opportunity for public
comment. No information is presently available concerning the comment
previously received. The rule is the same as it was initially proposed,
but now contains a new comment period and a new address and phone
number for Marine Safety Office Providence, and updated drafting
information.
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. The proposed 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 an 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 the issue has shown that prohibiting
vessels from mooring within 400 feet from LPG vessels at the LPG
facility is excessive and unnecessary. The safety zone established
around a moored LPG vessel is 50 feet. Since the LPG vessel is
considered safe from ignition sources at a minimum of 50 feet, a 200
foot separation from other moored vessels provides both ignition source
protection and adequate space for shoreside and waterside firefighting
or emergency tug assistance.
Regulatory Evaluation
This proposal is not a significant regulatory action under
Executive Order 12866 and is not significant under the Department of
Transportation Regulatory Policies and Procedures (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a Regulatory Evaluation is unnecessary.
The Coast Guard expects the economic impact of this proposal to be
minimal on all entities because the result of the amendment will be one
of deregulation, making the present regulations less restrictive. If
the amendment has any effect, it will be a positive effect on impacted
entities. Reduction of the safety zone around moored LPG vessels from
400 feet to 200 feet will benefit the LPG facility economically in that
the total pier space for which they must pay to meet the regulations is
reduced from a total of 800 feet to 400 feet. This will also benefit
the port of Providence economically in that more pier space will be
available for other ships to moor while an 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 proposal 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 that this proposal will not have a significant economic
impact on any entity. Therefore, the Coast Guard certifies under 5
U.S.C. 605(b) that this proposal, if adopted, will not have a
significant economic impact on a substantial number of small entities.
If, however, you think that your business qualifies as a small entity
and that this proposal will have a significant economic impact on your
business, please submit a comment (see addresses) explaining why you
think your business qualifies and in what way and to what degree this
proposal will economically affect your business.
Collection of Information
This proposal 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 proposal in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this proposal does not have sufficient federalism
implication to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under section 2.B.2.C of Commandant
Instruction M16475.1B, it is an action under the Coast Guard's
statutory authority to protect public safety and is categorically
excluded from further environmental documentation. A Categorical
Exclusion Determination will be included in the docket for inspection
or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
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),
6.04-1, 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: February 22, 1994.
H.D. Robinson,
Captain, Coast Guard, Captain of the Port, Providence, RI.
[FR Doc. 94-5285 Filed 3-7-94; 8:45 am]
BILLING CODE 4910-14-M
