Regulated Navigation Area; Reporting Requirements for Barges Loaded With Certain Dangerous Cargoes, Inland Rivers, Ninth Coast Guard District; Stay (Suspension), 4788-4790 [2013-01234]
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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Rules and Regulations
Authority: 33 U.S.C. 1231; Department of
Homeland Security Delegation No. 0170.1.
[USCG–2013–0019
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH’’. Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this temporary
rule, call or email LCDR David Webb,
U.S. Coast Guard; telephone 216–902–
6050, email: David.M.Webb@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
RIN 1625–AA11
Table of Acronyms
2. In § 162.205, remove paragraph (c)
consisting of the paragraph heading and
paragraphs (c)(1) and (c)(2).
■
Dated: January 13, 2013.
K.L. Schultz,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. 2013–01238 Filed 1–22–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Regulated Navigation Area; Reporting
Requirements for Barges Loaded With
Certain Dangerous Cargoes, Inland
Rivers, Ninth Coast Guard District;
Stay (Suspension)
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Commander, Ninth Coast
Guard District is staying (suspending)
reporting requirements under the
Regulated Navigation Area (RNA)
established for barges loaded with
certain dangerous cargoes (CDC barges)
in the inland rivers of the Ninth Coast
Guard District. This stay (suspension)
extension is necessary because the Coast
Guard continues to analyze future
reporting needs and evaluate possible
changes in CDC reporting requirements.
This stay (suspension) of the CDC
reporting requirements in no way
relieves towing vessel operators and
fleeting area managers responsible for
CDC barges in the RNA from their
dangerous cargo or vessel arrival and
movement reporting obligations
currently in effect under other
regulations or placed into effect under
appropriate Coast Guard authority.
DATES: This rule is effective in the CFR
on January 23, 2013 until 11:59 p.m. on
September 30, 2013. This rule is
effective with actual notice for purposes
of enforcement at 12:01 a.m. on January
15, 2011 until 11:59 p.m. on September
30, 2013.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2013–
0019. To view documents mentioned in
this preamble as being available in the
docket, go to https://
www.regulations.gov, type the docket
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SUMMARY:
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CDC Certain Dangerous Cargo
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it
would be impracticable, unnecessary,
and contrary to the public interest.
The contract for the CDC barge
reporting system at the Inland River
Vessel Movement Center (IRVMC)
expired in January 2011. Due to the
expiration of this contract, the Coast
Guard would not be able to receive and
process reports, therefore, in late
December 2010, the Coast Guard
decided to suspend the IRVMC
reporting requirements for a two-year
period. This suspension was published
in the Federal Register at 76 FR 2829
(January 18, 2011), and expired on
January 15, 2013.
At this time, the contract for the CDC
barge reporting system has not been
renewed, and the Coast Guard is still
considering whether to enter into a new
contract and lift the suspension, modify
the reporting requirements in the RNA,
or repeal the RNA completely. An
extension of the stay is necessary while
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Sfmt 4700
the Coast Guard continues to consider
these options.
We believe prior notice and comment
is unnecessary because we expect the
affected public will have no objection to
resuming the stay (suspension) of
regulatory requirements that expired on
January 15, 2013. The Coast Guard
received no public comment or
objection regarding the suspension that
was in effect from 2011 until January 15,
2013. Prior notice and comment is also
contrary to the public interest because
there is no public purpose served by
continuing to require reports when there
is no mechanism for receiving or
processing those reports.
Under 5 U.S.C. 553(d)(1), a
substantive rule that relieves a
restriction may be made effective less
than 30 days after publication. This
temporary final rule, suspending the
reporting requirements and thereby
relieving the regulatory restriction on
towing vessel operators and fleeting area
managers provided by 33 CFR 165.921,
is effective in the CFR on January 23,
2013 and, for purposes of enforcement,
is effective at 12:01 a.m. on January 15,
2011.
B. Basis and Purpose
The legal basis for this rulemaking is
the Coast Guard’s authority to establish
regulated navigation areas, under 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, 160.5;
Public Law 107–295, 116 Stat. 2064; and
Department of Homeland Security
Delegation No. 0170.1. An RNA is a
water area within a defined boundary
for which regulations for vessels
navigating within the area have been
established, to control vessel traffic in a
place determined to have hazardous
conditions. 33 CFR 165.10;
Commandant Instruction Manual
M16704.3A, 1–6.
The purpose of this temporary final
rule is to resume the suspension of
reporting requirements that was in place
between January 2011 and January 15,
2013. This temporary rule relieves the
towing vessel operators and fleeting area
managers responsible for CDC barges
from the 33 CFR 165.921 reporting
requirements for a nine month period.
C. Discussion of the Final Rule
During the suspension of reporting
requirements, towing vessel operators
and fleeting area managers responsible
for CDC barges will be relieved of their
obligation to report their CDCs under 33
CFR 165.921(d), (e), (f), (g), and (h). This
suspension in no way relieves towing
vessel operators and fleeting area
managers responsible for CDC barges
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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Rules and Regulations
from their dangerous cargo or vessel
arrival and movement reporting
obligations currently in effect under
other regulations or placed into effect
under appropriate Coast Guard
authority.
D. Regulatory Analyses
We developed this temporary final
rule after considering numerous statutes
and executive orders related to
rulemaking. Below we summarize our
analyses based on 14 of these statutes or
executive orders.
wreier-aviles on DSK5TPTVN1PROD with
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under that
Order. This rule is temporary and
limited in nature by extending the
previously published suspension of
CDC barge reporting requirements for an
additional nine-month period, creating
no undue delay to vessel traffic in the
regulated area.
2. Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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 which may be small
entities: Owners or operators of CDC
barges intending to transit the Inland
Rivers in the Ninth Coast Guard District
during this nine month period. This rule
will not have a significant economic
impact on those entities or a substantial
number of any small entities because
this rule suspends reporting
requirements for nine months.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
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understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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.
4. Collection of Information
5. 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.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
7. 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 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
Frm 00031
Fmt 4700
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effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. 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.
10. 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.
11. Indian Tribal Governments
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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4789
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 determined that 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 involves the
nine-month extension of a previously
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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Rules and Regulations
published suspension of reporting
requirements established for CDC barges
transiting the inland rivers of the Ninth
Coast Guard District. This rule is
categorically excluded, under figure 2–
1, paragraph (34)(g), of the Instruction.
Under figure 2–1, paragraph (34)(g), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
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; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 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. Amend § 165.921 by staying
paragraphs (d), (e), (f), (g), and (h) from
January 23, 2013 until 11:59 p.m. on
September 30, 2013.
■
Dated: January 11, 2013.
Michael N. Parks,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2013–01234 Filed 1–22–13; 8:45 am]
BILLING CODE 9110–04–P
to depart the security zone, unless
specifically exempt under the
provisions in this rule or granted
specific permission from the Coast
Guard Captain of the Port Baltimore.
This action is intended to temporarily
restrict vessel traffic in portions of the
Potomac and Anacostia Rivers during
the event.
DATES: This rule is effective from
January 15, 2013 until January 24, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0938]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ronald L. Houck, at Sector
Baltimore Waterways Management
Division, U.S. Coast Guard; telephone
410–576–2674, email
Ronald.L.Houck@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:
Table of Acronyms
DEPARTMENT OF HOMELAND
SECURITY
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Coast Guard
A. Regulatory History and Information
33 CFR Part 165
[Docket Number USCG–2012–0938]
RIN 1625–AA87
Security Zone, Potomac and Anacostia
Rivers; Washington, DC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary security zone
encompassing certain waters of the
Potomac River and Anacostia River.
This action is necessary to safeguard
persons and property, and prevent
terrorist acts or incidents. This rule
prohibits vessels and people from
entering the security zone and requires
vessels and persons in the security zone
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SUMMARY:
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On October 24, 2012, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Security Zone, Potomac and
Anacostia Rivers; Washington, DC’’ in
the Federal Register (77 FR 64943).
After the NPRM was published in the
Federal Register, however, the Coast
Guard determined that the boundary of
the proposed security zone on the south
between the Virginia shoreline and the
District of Columbia shoreline along
latitude 38°51′00″ N needed to be
relocated farther downstream to and
along latitude 38°50′00″ N. On
November 28, 2012, we published a
supplemental notice of proposed
rulemaking (SNPRM) entitled ‘‘Security
Zone, Potomac and Anacostia Rivers;
Washington, DC’’ in the Federal
Register (77 FR 70964). We received one
comment on the proposed rules. No
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public meeting was requested, and none
was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Due to the need for immediate
action, the restriction of vessel traffic is
necessary to protect life, property and
the environment; therefore, a 30-day
notice is impracticable. Delaying the
effective date would be contrary to the
safety zone’s intended objectives of
protecting persons and vessels involved
in the event and its associated activities,
and enhancing public and maritime
safety.
B. Basis and Purpose
On January 20, 2013, the U.S.
Presidential Inauguration swearing-in
ceremony will take place at the U.S.
Capitol in Washington, DC. Activities
associated with the Presidential
Inauguration include several Inaugural
ceremonies, balls, parades and
receptions in the District of Columbia,
which are scheduled to occur from
January 15, 2013 through January 24,
2013. During these activities, gatherings
of high-ranking United States officials
and the public-at-large are expected to
take place. These activities are located
along navigable waterways within the
Captain of the Port Baltimore’s Area of
Responsibility. The Coast Guard has
given each Coast Guard Captain of the
Port the ability to implement
comprehensive port security regimes
designed to safeguard human life,
vessels, and waterfront facilities while
still sustaining the flow of commerce.
The Captain of the Port Baltimore is
establishing a security zone to address
the aforementioned security concerns
and to take steps to prevent the
catastrophic impact that a terrorist
attack against the large gatherings of
high-ranking United States officials, the
public-at-large, and surrounding
waterfront areas and communities
would have. The security zone is
necessary to safeguard life and property
on the navigable waters before, during,
and after activities associated with the
Presidential Inauguration and will help
the Coast Guard prevent vessels or
persons from bypassing the security
measures established on shore for the
events and engaging in waterborne
terrorist actions during the highlypublicized events.
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard received one
comment in response to the NPRM. No
public meeting was requested and none
was held. What follows is a review of,
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]]>Agencies
[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Rules and Regulations]
[Pages 4788-4790]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01234]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2013-0019
RIN 1625-AA11
Regulated Navigation Area; Reporting Requirements for Barges
Loaded With Certain Dangerous Cargoes, Inland Rivers, Ninth Coast Guard
District; Stay (Suspension)
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Commander, Ninth Coast Guard District is staying
(suspending) reporting requirements under the Regulated Navigation Area
(RNA) established for barges loaded with certain dangerous cargoes (CDC
barges) in the inland rivers of the Ninth Coast Guard District. This
stay (suspension) extension is necessary because the Coast Guard
continues to analyze future reporting needs and evaluate possible
changes in CDC reporting requirements. This stay (suspension) of the
CDC reporting requirements in no way relieves towing vessel operators
and fleeting area managers responsible for CDC barges in the RNA from
their dangerous cargo or vessel arrival and movement reporting
obligations currently in effect under other regulations or placed into
effect under appropriate Coast Guard authority.
DATES: This rule is effective in the CFR on January 23, 2013 until
11:59 p.m. on September 30, 2013. This rule is effective with actual
notice for purposes of enforcement at 12:01 a.m. on January 15, 2011
until 11:59 p.m. on September 30, 2013.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0019. To view documents
mentioned in this preamble as being available in the docket, go to
https://www.regulations.gov, type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
temporary rule, call or email LCDR David Webb, U.S. Coast Guard;
telephone 216-902-6050, email: David.M.Webb@uscg.mil. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CDC Certain Dangerous Cargo
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it would be impracticable,
unnecessary, and contrary to the public interest.
The contract for the CDC barge reporting system at the Inland River
Vessel Movement Center (IRVMC) expired in January 2011. Due to the
expiration of this contract, the Coast Guard would not be able to
receive and process reports, therefore, in late December 2010, the
Coast Guard decided to suspend the IRVMC reporting requirements for a
two-year period. This suspension was published in the Federal Register
at 76 FR 2829 (January 18, 2011), and expired on January 15, 2013.
At this time, the contract for the CDC barge reporting system has
not been renewed, and the Coast Guard is still considering whether to
enter into a new contract and lift the suspension, modify the reporting
requirements in the RNA, or repeal the RNA completely. An extension of
the stay is necessary while the Coast Guard continues to consider these
options.
We believe prior notice and comment is unnecessary because we
expect the affected public will have no objection to resuming the stay
(suspension) of regulatory requirements that expired on January 15,
2013. The Coast Guard received no public comment or objection regarding
the suspension that was in effect from 2011 until January 15, 2013.
Prior notice and comment is also contrary to the public interest
because there is no public purpose served by continuing to require
reports when there is no mechanism for receiving or processing those
reports.
Under 5 U.S.C. 553(d)(1), a substantive rule that relieves a
restriction may be made effective less than 30 days after publication.
This temporary final rule, suspending the reporting requirements and
thereby relieving the regulatory restriction on towing vessel operators
and fleeting area managers provided by 33 CFR 165.921, is effective in
the CFR on January 23, 2013 and, for purposes of enforcement, is
effective at 12:01 a.m. on January 15, 2011.
B. Basis and Purpose
The legal basis for this rulemaking is the Coast Guard's authority
to establish regulated navigation areas, under 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, 160.5; Public Law 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1. An RNA is a
water area within a defined boundary for which regulations for vessels
navigating within the area have been established, to control vessel
traffic in a place determined to have hazardous conditions. 33 CFR
165.10; Commandant Instruction Manual M16704.3A, 1-6.
The purpose of this temporary final rule is to resume the
suspension of reporting requirements that was in place between January
2011 and January 15, 2013. This temporary rule relieves the towing
vessel operators and fleeting area managers responsible for CDC barges
from the 33 CFR 165.921 reporting requirements for a nine month period.
C. Discussion of the Final Rule
During the suspension of reporting requirements, towing vessel
operators and fleeting area managers responsible for CDC barges will be
relieved of their obligation to report their CDCs under 33 CFR
165.921(d), (e), (f), (g), and (h). This suspension in no way relieves
towing vessel operators and fleeting area managers responsible for CDC
barges
[[Page 4789]]
from their dangerous cargo or vessel arrival and movement reporting
obligations currently in effect under other regulations or placed into
effect under appropriate Coast Guard authority.
D. Regulatory Analyses
We developed this temporary final rule after considering numerous
statutes and executive orders related to rulemaking. Below we summarize
our analyses based on 14 of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under that Order. This rule is temporary and
limited in nature by extending the previously published suspension of
CDC barge reporting requirements for an additional nine-month period,
creating no undue delay to vessel traffic in the regulated area.
2. Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 which may
be small entities: Owners or operators of CDC barges intending to
transit the Inland Rivers in the Ninth Coast Guard District during this
nine month period. This rule will not have a significant economic
impact on those entities or a substantial number of any small entities
because this rule suspends reporting requirements for nine months.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. 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.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
7. 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 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that 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 involves the nine-month extension of a
previously
[[Page 4790]]
published suspension of reporting requirements established for CDC
barges transiting the inland rivers of the Ninth Coast Guard District.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. Under figure 2-1, paragraph (34)(g), of
the Instruction, an environmental analysis checklist and a categorical
exclusion determination are not required for this rule.
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
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; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. Amend Sec. 165.921 by staying paragraphs (d), (e), (f), (g), and
(h) from January 23, 2013 until 11:59 p.m. on September 30, 2013.
Dated: January 11, 2013.
Michael N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2013-01234 Filed 1-22-13; 8:45 am]
BILLING CODE 9110-04-P
