[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Rules and Regulations]
[Pages 43291-43292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20513]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-99-033]
RIN 2115-AA97
Safety Zone Regulation; Columbia River, St. Helens, Oregon, to
Port of Benton, Washington
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a 300 yard moving safety zone
around the composite vessel consisting of the tugs LEWISTON and
NOYDENA, and the RVAIR transport barge, as this composite vessel
transits through U.S. navigable waters from St. Helens, Oregon
(Columbia River mile 72.5) to Benton, Washington (Columbia River mile
342) from 5:30 a.m. (PDT) on August 4, 1999 through 11:30 p.m. (PDT)
August 10, 1999. This moving safety zone is needed to protect the
composite vessel, persons, facilities, and other vessels from the
safety hazards inherent to a vessel restricted in maneuverability and
transporting Type B claissifed radioactive materials in a river
environment. Entry into this zone is prohibited unless authorized by
the Captain of the Port.
DATES: This regulation is effective form 5:30 a.m. (PDT) on August 4,
1999 through 11:30 p.m. (PDT) August 10, 1999.
ADDRESSES: Documetns as indicated in this preamble are available for
inspection or copying at the U.S. Coast Guard Group/MSO Portland,
Oregon 6767 N. Basin Ave, Portland, Oregon 97217. Normal office hours
are between 7:00 a.m. and 4 p.m., Monday through Friday, except federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Tom Allan, c/o Captain of
the Port, Portland, Oregon 6767 N. Basin Avenue, Portland, Oregon
97217, (503) 240-9327.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, notice of proposed rulemaking has not
been published for this regulation and good
[[Page 43292]]
cause exists for making it effective less than 30 days from date of
publciaiton in the Federal Register. Publishing a NPRM would be
contrary to public interest since immediate action is necessary to
protect the composite vessel consisting of the tugs LEWISTON and
NOYDENA, and the RVAIR transport barge, persons, facilities, and other
vessels from the safety hazards inherent to a vessel restricted in
maneuverability and transporting Type B classified radioactive
materials in a river environment. Due to the complex planning and
coordination, the event sponsor, Portland General Electric was unable
to provide the Coast Guard with notice of the final details until less
than 30 days prior to the date of the event. If normal notice and
comment procedures were followed, this rule would not become effective
until after the date of the event. For this reason, following normal
rulemaking procedures in this case would be impracticable and contrary
to the public interest.
Background and Purpose
The Coast Guard is adopting a temporary moving safety zone
regulation for the Trojan Reactor Vessel and Internals Removal Project
transport from St. Helens, Oregon to Benton, WA. The zone is needed to
protect the composite vessel consisting of the tugs LEWISTON and
NOYDENA, and the RVAIR transport barge, persons, facilities, and other
vessels from the safety hazards inherent to a vessel restricted in
maneuverability and transporting Type B classified radioactive
materials in a river environment. This moving safety zone will be
enforced by representatives of the Captain of the Port Portland,
Oregon. The Captain of the Port may be assisted by other federal
agencies and local agencies.
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 procedure of the Department of Transportation (DOT) (44 CFR 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 act of DOT is
unnecessary. This expectation is based on the fact that the regulated
area established by the proposed regulation would encompass less than
300 yards around the composite vessel consisting of the tugs LEWISTON
and NOYDENA, and the RVAIR transport barge, as this composite vessel
transits through U.S. navigable waters from St. Helens, Oregon to
Benton, Washington.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule would have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include 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. Because the impacts of this proposal are expected to be so
minimal, the Coast Guard certifies under 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 final rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this final rule in accordance with the
principles 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 Federal Assessment.
Environment
The Coast Guard considered the environmental impact of this section
and concluded that, under figure 2-1, paragraph (34)(g) of Commandant
Instruction M16475.1C, this rule is categorically excluded from further
environmental documentation. A Categorical Exclusion is provided for
temporary safety zones of less than one week in duration. This rule
establishes a safety zone with a duration of less than one week.
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
part 165 of Title 33, Code of Federal Regulations, 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),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. A temporary 0165.T13-023 is added to read as follows:
Sec. 165.T13-023 Safety Zone Regulation; Columbia River St. Helens,
Oregon, to Port of Benton, Washington.
(a) Location. The following area is a moving safety zone: All
waters within 300 yards of the composite vessel consisting of the tugs
LEWISTON and NOYDENA, and the RVAIR transport barge, as this composite
vessel transits through U.S. navigable waters from St. Helens, Oregon
(Columbia River mile 72.5) to Benton, Washington (Columbia River mile
342).
(b) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, no person or vessel may enter or remain in
this zone unless authorized by the Captain of the Port or his
designated representatives.
(c) Effective dates. This section is effective from 5:30 a.m. (PDT)
on August 4, 1999 through 11:30 p.m. (PDT) August 10, 1999.
Dated: July 28, 1999.
J.D. Spitzer,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 99-20513 Filed 8-9-99; 8:45 am]
BILLING CODE 4910-15-M
