Safety Zone; Invista Inc Facility Docks, Victoria Barge Canal, Victoria, TX, 13433-13436 [2010-6161]
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Federal Register / Vol. 75, No. 54 / Monday, March 22, 2010 / Rules and Regulations
(c) General Counsel requests to the
Authority. When a complaint issues and
the Authority approves the General
Counsel’s request to seek appropriate
temporary relief (including a restraining
order) under 5 U.S.C. 7123(d), the
General Counsel may make application
for appropriate temporary relief
(including a restraining order) in the
district court of the United States within
which the unfair labor practice is
alleged to have occurred or in which the
party sought to be enjoined resides or
transacts business. Temporary relief
may be sought if it is just and proper
and the record establishes probable
cause that an unfair labor practice is
being committed. Temporary relief shall
not be sought if it would interfere with
the ability of the agency to carry out its
essential functions.
(d) Actions subsequent to obtaining
appropriate temporary relief. The
General Counsel shall inform the
district court which granted temporary
relief pursuant to 5 U.S.C. 7123(d)
whenever an Administrative Law Judge
recommends dismissal of the complaint,
in whole or in part.
emcdonald on DSK2BSOYB1PROD with RULES
§ 2423.11 Determination not to issue
complaint; review of action by the Regional
Director.
(a) Opportunity to withdraw a charge.
If the Regional Director determines that
the charge has not been timely filed,
that the charge fails to state an unfair
labor practice, or for other appropriate
reasons, the Regional Director may
request the Charging Party to withdraw
the charge.
(b) Dismissal letter. If the Charging
Party does not withdraw the charge
within a reasonable period of time, the
Regional Director will dismiss the
charge and provide the parties with a
written statement of the reasons for not
issuing a complaint.
(c) Appeal of a dismissal letter. The
Charging Party may obtain review of the
Regional Director’s decision to dismiss
a charge by filing an appeal with the
General Counsel within 25 days after
service of the Regional Director’s
decision. A Charging Party shall serve a
copy of the appeal on the Regional
Director. The General Counsel shall
serve notice on the Charged Party that
an appeal has been filed.
(d) Extension of time. The Charging
Party may file a request, in writing, for
an extension of time to file an appeal,
which shall be received by the General
Counsel not later than 5 days before the
date the appeal is due. A Charging Party
shall serve a copy of the request for an
extension of time on the Regional
Director.
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(e) Grounds for granting an appeal.
The General Counsel may grant an
appeal when the appeal establishes at
least one of the following grounds:
(1) The Regional Director’s decision
did not consider material facts that
would have resulted in issuance of a
complaint;
(2) The Regional Director’s decision is
based on a finding of a material fact that
is clearly erroneous;
(3) The Regional Director’s decision is
based on an incorrect statement or
application of the applicable rule of law;
(4) There is no Authority precedent
on the legal issue in the case; or
(5) The manner in which the Region
conducted the investigation has resulted
in prejudicial error.
(f) General Counsel action. The
General Counsel may deny the appeal of
the Regional Director’s dismissal of the
charge, or may grant the appeal and
remand the case to the Regional Director
to take further action. The General
Counsel’s decision on the appeal states
the grounds listed in paragraph (e) of
this section for denying or granting the
appeal, and is served on all the parties.
Absent a timely motion for
reconsideration, the decision of the
General Counsel is final.
(g) Reconsideration. After the General
Counsel issues a final decision, the
Charging Party may move for
reconsideration of the final decision if it
can establish extraordinary
circumstances in its moving papers. The
motion shall be filed within 10 days
after the date on which the General
Counsel’s final decision is postmarked.
A motion for reconsideration shall state
with particularity the extraordinary
circumstances claimed and shall be
supported by appropriate citations. The
decision of the General Counsel on a
motion for reconsideration is final.
§ 2423.12 Settlement of unfair labor
practice charges after a Regional Director
determination to issue a complaint but prior
to issuance of a complaint.
(a) Bilateral informal settlement
agreement. Prior to issuing a complaint,
the Regional Director may afford the
Charging Party and the Charged Party a
reasonable period of time to enter into
an informal settlement agreement to be
approved by the Regional Director.
When a Charged Party complies with
the terms of an informal settlement
agreement approved by the Regional
Director, no further action is taken in
the case. If the Charged Party fails to
perform its obligations under the
approved informal settlement
agreement, the Regional Director may
institute further proceedings.
(b) Unilateral informal settlement
agreement. If the Charging Party elects
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13433
not to become a party to a bilateral
settlement agreement, which the
Regional Director concludes effectuates
the policies of the Federal Service
Labor-Management Relations Statute,
the Regional Director may choose to
approve a unilateral settlement between
the Regional Director and the Charged
Party. The Regional Director, on behalf
of the General Counsel, shall issue a
letter stating the grounds for approving
the settlement agreement and declining
to issue a complaint. The Charging Party
may obtain review of the Regional
Director’s action by filing an appeal
with the General Counsel in accordance
with § 2423.11(c) and (d). The General
Counsel may grant an appeal when the
Charging Party has shown that the
Regional Director’s approval of a
unilateral settlement agreement does not
effectuate the purposes and policies of
the Federal Service Labor-Management
Relations Statute. The General Counsel
shall take action on the appeal as set
forth in § 2423.11(b) through (g).
§§ 2423.13–2423.19
[Reserved]
Dated: March 17, 2010.
Julia Akins Clark,
General Counsel, Federal Labor Relations
Authority.
[FR Doc. 2010–6201 Filed 3–19–10; 8:45 am]
BILLING CODE 6727–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0797]
RIN 1625–AA00
Safety Zone; Invista Inc Facility Docks,
Victoria Barge Canal, Victoria, TX
Coast Guard, DHS.
Interim final rule with request
for comments.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone for a partial
blockage of the Victoria Barge Canal
when the Invista Inc facility is
offloading cargo from an oversized
barge, which is approximately 380 feet
in length. Commercial traffic will be
prohibited from passing the barge while
it is offloading cargo because the
navigable width of the channel will be
substantially reduced. The safety zone is
necessary to help ensure the safety of
the maritime public during these
transfer operations.
DATES: This interim rule is effective
April 21, 2010. Comments and related
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material must reach the Coast Guard on
or before June 21, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–0797 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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 interim rule,
call or e-mail LT Wes Geyer, Sector
Corpus Christi Waterways Management
Division, Coast Guard; telephone
361–888–3162, e-mail
Wes.M.Geyer@uscg.mil. 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 https://
www.regulations.gov and will include
any personal information you have
provided.
emcdonald on DSK2BSOYB1PROD with RULES
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0797),
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 https://
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 https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
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comment. If you fax, hand delivery, 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 telephone 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
https://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–2009–0797’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit comments by mail or hand
delivery, submit them in an 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 may change
this 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
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2009–
0797’’ 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 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
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for one on or before April 21, 2010 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.
Regulatory Information
The Coast Guard is issuing this
interim rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA)
(5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because any
delay encountered in this regulation’s
effective date by publishing a NPRM
would be contrary to public interest.
Transfer operations involving the
oversized barge at the Invista Inc facility
are scheduled to begin in May 2010 and
rapid establishment of the safety zone is
needed to mitigate the potential safety
hazards associated with these
operations.
Background and Purpose
The basis and purpose of this rule are
to ensure safe operations during the
hazardous condition that will be placed
upon commercial traffic in the Victoria
Barge Canal during transfer operations
involving the oversized barge. Since the
oversized barge will effectively take
away 40 feet of the navigable channel,
we believe it is necessary to establish a
safety zone around the vessel so
commercial traffic does not attempt to
pass when the navigable channel will be
reduced by 40 feet. We are using this
interim rule to put an effective rule in
place before commencement of transfer
operations but wish to receive
comments on it before issuing a final
rule.
Discussion of Rule
The rule places a safety zone around
the barge that is offloading cargo at the
Invista Inc facility docks for two 24–30
hour periods per month. The
approximate location of the dock is
28°39′50.5″ N 096°57′48.3″ W
(approximately 1,500 feet north of
Dupont Road which crosses the Victoria
Barge Canal). The safety zone
encompasses all waters of the canal in
a zone extending 500 ft (152.2 m) east
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and west of the Invista Inc facility
docks.
The safety zone will be enforced for
two 24–30 hour periods per month,
during transfer operations involving an
oversized barge at the facility. During
these operations, the barge will extend
approximately 40 feet into the 125-foot
wide Victoria Barge Canal and will
therefore reduce the navigable width of
the channel. Use of and transit through
the safety zone will be prohibited
during these times, except with
permission from the Captain of the Port
Corpus Christi.
In addition, the Invista Inc facility has
agreed to provide seven days notice to
neighboring facilities before the
oversized barge is scheduled to conduct
transfer operations there. Furthermore,
the Coast Guard will issue maritime
advisories widely available to users of
the barge canal before enforcement of
the safety zone.
Regulatory Analyses
We developed this interim 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.
emcdonald on DSK2BSOYB1PROD with RULES
Regulatory Planning and Review
This 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.
This rule is not a significant
regulatory action because there is
minimal commercial and recreational
vessel traffic that transits through this
section of the Victoria Barge Canal. The
rule will only be in effect approximately
twice a month for a duration of 24–30
hours each time. Businesses adjacent to
the Invista Inc facility (currently there
are two) will have approximately seven
days advance notice of the required
safety zone.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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.
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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 rule will affect the following
entities, some of which may be small
entities: The owners and operators of
vessels conducting business at Fordyce
Holdings Inc and Equalizer.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
enforced for approximately two 24–30
hour periods per month and the
receiving facility will provide seven
days notification to adjacent businesses
on the Victoria Barge Canal. Each 24–30
hour period will be separated by at least
a 24-hour period while the barge returns
to Port Lavaca-Point Comfort to receive
more cargo. Neighboring businesses and
the Port of Victoria have agreed that
with a seven-day notification they will
be able to ship or receive enough cargo
to maintain adequate feedstock supplies
to operate. Vessel traffic will have a
minimum of 24 hours between each
time the safety zone would go into
effect, which local parties have agreed
would be enough time to ship or receive
any product they may need in the
interim. Before the enforcement period,
the Coast Guard will issue broadcast
notice to mariners (BNM) alerts to users
of the barge canal, and the Captain of
the Port may authorize entry into the
zone if necessary.
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.
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
This 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.
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Collection of Information
This rule calls for no new collection
of information under the 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 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not effect 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
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
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because it does 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.
Energy Effects
We have analyzed this 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.
emcdonald on DSK2BSOYB1PROD with RULES
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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction because it
establishes a safety zone. An
environmental analysis checklist and a
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categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
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 amends 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 § 165.837 to read as follows:
§ 165.836 Safety Zone; Invista Inc Facility
Docks, Victoria Barge Canal, Victoria,
Texas.
(a) Location. The following area is a
safety zone: All waters contained within
a 500-foot (152.5m) extension east and
west of the Invista Inc facility docks
while performing offloading operations.
(b) Enforcement Period. This rule will
be enforced for periods of 24–30 hours
twice a month, from the time the
oversized barge docks at the Invista Inc
facility until the vessel departs the
facility upon conclusion of its
offloading operations. The Captain of
the Port Corpus Christi will issue a
Broadcast Notice to Mariners before
beginning enforcement and upon
ceasing enforcement of the safety zone.
(c) Definitions. The following
definition applies to this section:
designated representative means any
commissioned, warrant, and petty
officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, state, and Federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port Corpus Christi.
(d) Regulations. (1) Persons desiring
to transit the area of the safety zone may
contact the Captain of the Port at
telephone number 1–361–939–6393, or
the barge on VHF Channel 16
(156.800MHz) to seek permission to
transit the area. If permission is granted,
all persons and vessels must comply
with the instructions of the Captain of
the Port or his or her designated
representative.
(2) All persons and vessels must
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
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(3) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means the
operator of a vessel must proceed as
directed.
(4) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
(5) In accordance with the general
regulations in 33 CFR part 165.23, no
person or vessel may enter or remain in
the zone described in paragraph (a) of
this section except for support vessels/
aircraft and support personnel, or other
vessels authorized by the Captain of the
Port Corpus Christi or his designated
representative.
(e) Penalties. Vessels or persons
violating this rule are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
Dated: November 19, 2009.
R.J. Paulison,
Captain, U.S. Coast Guard, Captain of the
Port Corpus Christi.
Editorial Note: This document was
received in the Office of the Federal Register
on March 16, 2010.
[FR Doc. 2010–6161 Filed 3–19–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R10–OAR–2008–0690; FRL–9091–5]
Approval and Promulgation of State
Implementation Plans: Alaska
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: The EPA is taking final action
to approve numerous revisions to
Alaska’s State Implementation Plan
(SIP) relating to the motor vehicle
inspection and maintenance (I/M)
program for the control of carbon
monoxide (CO) in Anchorage and
Fairbanks maintenance areas for CO.
The State of Alaska submitted three
revisions to the Alaska SIP: a March 29,
2002 submittal containing minor
revisions to the statewide I/M program;
a December 11, 2006 submittal
containing more substantial revisions to
the statewide I/M program; and a June
5, 2008 submittal containing major
revisions to the statewide I/M program
discontinuing the I/M program in
Fairbanks as an active control measure
in the SIP and shifting it to a
contingency measure. EPA is approving
these submittals because they satisfy the
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]]>Agencies
[Federal Register Volume 75, Number 54 (Monday, March 22, 2010)]
[Rules and Regulations]
[Pages 13433-13436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6161]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0797]
RIN 1625-AA00
Safety Zone; Invista Inc Facility Docks, Victoria Barge Canal,
Victoria, TX
AGENCY: Coast Guard, DHS.
ACTION: Interim final rule with request for comments.
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SUMMARY: The Coast Guard is establishing a safety zone for a partial
blockage of the Victoria Barge Canal when the Invista Inc facility is
offloading cargo from an oversized barge, which is approximately 380
feet in length. Commercial traffic will be prohibited from passing the
barge while it is offloading cargo because the navigable width of the
channel will be substantially reduced. The safety zone is necessary to
help ensure the safety of the maritime public during these transfer
operations.
DATES: This interim rule is effective April 21, 2010. Comments and
related
[[Page 13434]]
material must reach the Coast Guard on or before June 21, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0797 using any one of the following methods:
(1) Federal eRulemaking Portal: https://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 interim
rule, call or e-mail LT Wes Geyer, Sector Corpus Christi Waterways
Management Division, Coast Guard; telephone 361-888-3162, e-mail
Wes.M.Geyer@uscg.mil. 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 https://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-2009-0797), 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 https://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 https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand delivery, 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 telephone 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 https://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-2009-0797'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an 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 may change this 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 https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0797'' 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 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 April 21, 2010 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.
Regulatory Information
The Coast Guard is issuing this interim rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because any delay encountered in this
regulation's effective date by publishing a NPRM would be contrary to
public interest. Transfer operations involving the oversized barge at
the Invista Inc facility are scheduled to begin in May 2010 and rapid
establishment of the safety zone is needed to mitigate the potential
safety hazards associated with these operations.
Background and Purpose
The basis and purpose of this rule are to ensure safe operations
during the hazardous condition that will be placed upon commercial
traffic in the Victoria Barge Canal during transfer operations
involving the oversized barge. Since the oversized barge will
effectively take away 40 feet of the navigable channel, we believe it
is necessary to establish a safety zone around the vessel so commercial
traffic does not attempt to pass when the navigable channel will be
reduced by 40 feet. We are using this interim rule to put an effective
rule in place before commencement of transfer operations but wish to
receive comments on it before issuing a final rule.
Discussion of Rule
The rule places a safety zone around the barge that is offloading
cargo at the Invista Inc facility docks for two 24-30 hour periods per
month. The approximate location of the dock is 28[deg]39'50.5'' N
096[deg]57'48.3'' W (approximately 1,500 feet north of Dupont Road
which crosses the Victoria Barge Canal). The safety zone encompasses
all waters of the canal in a zone extending 500 ft (152.2 m) east
[[Page 13435]]
and west of the Invista Inc facility docks.
The safety zone will be enforced for two 24-30 hour periods per
month, during transfer operations involving an oversized barge at the
facility. During these operations, the barge will extend approximately
40 feet into the 125-foot wide Victoria Barge Canal and will therefore
reduce the navigable width of the channel. Use of and transit through
the safety zone will be prohibited during these times, except with
permission from the Captain of the Port Corpus Christi.
In addition, the Invista Inc facility has agreed to provide seven
days notice to neighboring facilities before the oversized barge is
scheduled to conduct transfer operations there. Furthermore, the Coast
Guard will issue maritime advisories widely available to users of the
barge canal before enforcement of the safety zone.
Regulatory Analyses
We developed this interim 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 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.
This rule is not a significant regulatory action because there is
minimal commercial and recreational vessel traffic that transits
through this section of the Victoria Barge Canal. The rule will only be
in effect approximately twice a month for a duration of 24-30 hours
each time. Businesses adjacent to the Invista Inc facility (currently
there are two) will have approximately seven days advance notice of the
required safety zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels conducting business
at Fordyce Holdings Inc and Equalizer.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be enforced for approximately two 24-30 hour periods per
month and the receiving facility will provide seven days notification
to adjacent businesses on the Victoria Barge Canal. Each 24-30 hour
period will be separated by at least a 24-hour period while the barge
returns to Port Lavaca-Point Comfort to receive more cargo. Neighboring
businesses and the Port of Victoria have agreed that with a seven-day
notification they will be able to ship or receive enough cargo to
maintain adequate feedstock supplies to operate. Vessel traffic will
have a minimum of 24 hours between each time the safety zone would go
into effect, which local parties have agreed would be enough time to
ship or receive any product they may need in the interim. Before the
enforcement period, the Coast Guard will issue broadcast notice to
mariners (BNM) alerts to users of the barge canal, and the Captain of
the Port may authorize entry into the zone if necessary.
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 offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
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 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not effect 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
[[Page 13436]]
because it does 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.
Energy Effects
We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction because it establishes a safety zone. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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.
0
2. Add Sec. 165.837 to read as follows:
Sec. 165.836 Safety Zone; Invista Inc Facility Docks, Victoria Barge
Canal, Victoria, Texas.
(a) Location. The following area is a safety zone: All waters
contained within a 500-foot (152.5m) extension east and west of the
Invista Inc facility docks while performing offloading operations.
(b) Enforcement Period. This rule will be enforced for periods of
24-30 hours twice a month, from the time the oversized barge docks at
the Invista Inc facility until the vessel departs the facility upon
conclusion of its offloading operations. The Captain of the Port Corpus
Christi will issue a Broadcast Notice to Mariners before beginning
enforcement and upon ceasing enforcement of the safety zone.
(c) Definitions. The following definition applies to this section:
designated representative means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and Federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port
Corpus Christi.
(d) Regulations. (1) Persons desiring to transit the area of the
safety zone may contact the Captain of the Port at telephone number 1-
361-939-6393, or the barge on VHF Channel 16 (156.800MHz) to seek
permission to transit the area. If permission is granted, all persons
and vessels must comply with the instructions of the Captain of the
Port or his or her designated representative.
(2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
(3) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means the operator of a vessel
must proceed as directed.
(4) The Coast Guard may be assisted by other Federal, State, or
local agencies.
(5) In accordance with the general regulations in 33 CFR part
165.23, no person or vessel may enter or remain in the zone described
in paragraph (a) of this section except for support vessels/aircraft
and support personnel, or other vessels authorized by the Captain of
the Port Corpus Christi or his designated representative.
(e) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: November 19, 2009.
R.J. Paulison,
Captain, U.S. Coast Guard, Captain of the Port Corpus Christi.
Editorial Note: This document was received in the Office of the
Federal Register on March 16, 2010.
[FR Doc. 2010-6161 Filed 3-19-10; 8:45 am]
BILLING CODE 9110-04-P
