[Federal Register Volume 60, Number 183 (Thursday, September 21, 1995)]
[Rules and Regulations]
[Pages 48894-48896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23354]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-95-039]
Safety Zone Regulation; Trojan Nuclear Plant, Rainier, OR, to
Port of Benton, WA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a moving safety zone around
the barge ZB-1801 and accompanying towboats as the vessels complete
five separate transits through U.S. navigable waters between Rainier,
Oregon, and Benton, Washington. A safety zone is needed to protect the
barge ZB-1801 and accompanying
[[Page 48895]]
towboats, persons, facilities, and other vessels from safety hazards
associated with onlookers and others who may wish to view the barge at
close range. Entry into the safety zone is prohibited unless authorized
by the Captain of the Port.
EFFECTIVE DATE: This regulation becomes effective on September 20, 1995
at 12 a.m. (PDT) and will terminate on November 19, 1995 at 12 p.m.
(PST), unless sooner terminated by the Captain of the Port.
FOR FURTHER INFORMATION CONTACT:
LTJG C. A. Roskam, c/o U.S. Coast Guard Captain of the Port, 6767 N.
Basin Ave., Portland, Oregon 97217-3992, Ph: (503) 240-9338.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of
Proposed Rulemaking was not published for this regulation and good
cause exists for making it effective in less than 30 days after Federal
Register publication. Specific final details regarding the schedule of
the barge movements were not available in sufficient time to allow for
the publication of a Notice of Proposed Rulemaking. Publishing a Notice
of Proposed Rulemaking and delaying this regulation's effective date
would be contrary to the public interest since immediate action is
needed to prevent potential hazards to the barge ZB-1801 and other
vessels that may transit the area. For these reasons, normal rulemaking
procedures would have been impracticable.
Drafting Information
The drafters of this regulation are LTJG C. A. Roskam, Project
Officer for the Captain of the Port, and LCDR John C. Odell, Project
Attorney, Thirteenth Coast Guard District Legal Office.
Discussion of Regulation
The event requiring this regulation will begin on September 20,
1995 at 2 p.m. (PDT). Upon request of the Portland General Electric
Company, the Coast Guard is establishing a moving safety zone
consisting of all navigable waters within 100 yards of the barge ZB-
1801 and accompanying towboats. While this safety zone is in effect,
these vessels are expected to complete five separate round-trip
transits on the Columbia River from the Trojan Nuclear Plant in
Rainier, Oregon, to the Port of Benton, Washington. The safety zone
will be in effect at all times while the barge is being loaded at the
Trojan Nuclear Plant, while the barge and accompanying towboats transit
from the Trojan Nuclear Plant to the Port of Benton, while the barge is
unloaded at the Port of Benton, and during the barge's return transits
to the Trojan Nuclear Plant. Thus, the safety zone remains in effect
for the duration of the five transits, each of which may result in a
large number of vessels congregating near, or in the path of the barge
and towboats. This safety zone is needed due to the limited
maneuverability of the barge and towboats, as well as the need to
ensure the safety of mariners who may attempt to approach the barge and
towboats during loading, unloading, and transiting. 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.
Regulatory Evaluation
This temporary final rule is not a significant regulatory action
under section 3(f) of Executive Order 12866 and does not require an
assessment of potential cost 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 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 expectation is based on the
relatively short duration of the safety zone and the small geographic
area affected.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard was required to consider whether this action would have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000. Because it expects the impact of this
action to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b)
that this action will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This action contains no collection-of-information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been 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 action
and concluded that, under paragraph 2.B.2.c. of Commandant Instruction
M16475.1B, this action is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination
statement has been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Temporary Regulation
For the reasons set out in the preamble, the Coast Guard amends
subpart C of 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, and 160.5; 49 CFR 1.46.
2. A new section 165.T13-036 is added to read as follows:
Sec. 165.T13-036 Safety zone: COTP Portland, Oregon.
(a) Location. The following area is a safety zone: All waters
within 100 yards of the barge ZB-1801 and accompanying towboats during
the loading of the barge ZB-1801 at the Trojan Nuclear Plant, and while
in transit from the Trojan Nuclear Plant, Rainier, Oregon, to the Port
of Benton, Washington. The safety zone continues while the barge is
unloaded at the Port of Benton, and remains in effect during the
barge's return transits to the Trojan Nuclear Plant. The barge and
accompanying towboats will make approximately five round-trip transits
between the Trojan Nuclear Plant and the Port of Benton during the time
this safety zone is in effect.
(b) Definitions. A designated representative of the Captain of the
Port is any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the Captain of the Port Portland, to act on his
behalf. The
[[Page 48896]]
following officers have or will be designated by the Captain of the
Port: the Coast Guard Patrol Commander, the senior boarding officer on
each vessel enforcing the safety zone, and the Duty Officer at Coast
Guard Group Portland, Oregon.
(c) Regulations. In accordance with the general regulations in
Section 165.23 of this part, entry into this zone is prohibited, unless
authorized by the Captain of the Port or his designated
representatives.
(d) Effective Dates. This section is effective on September 20,
1995 at 12 a.m. (PDT), and remains in effect until November 19, 1995 at
12 p.m. (PST), unless sooner terminated by the Captain of the Port.
Dated: August 29, 1995.
C.E. Bills,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 95-23354 Filed 9-20-95; 8:45 am]
BILLING CODE 4910-14-M
