Regulated Navigation Area; Reporting Requirements for Barges Loaded With Certain Dangerous Cargoes, Inland Rivers, Eighth Coast Guard District; Extension of Stay (Suspension), 60216-60218 [2013-23858]
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Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations
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If
you have questions about this temporary
rule, call or email LT Jason Doherty,
Coast Guard; telephone 504–671–2266,
email: Jason.C.Doherty@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2013–23874 Filed 9–30–13; 8:45 am]
BILLING CODE 4310–VH–C
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Table of Acronyms
[USCG–2013–0760]
RIN 1625–AA11
Regulated Navigation Area; Reporting
Requirements for Barges Loaded With
Certain Dangerous Cargoes, Inland
Rivers, Eighth Coast Guard District;
Extension of Stay (Suspension)
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Commander, Eighth
Coast Guard District is extending the
previously published stay (suspension)
of reporting requirements under the
Regulated Navigation Area (RNA)
established by 33 CFR 165.830 for
barges loaded with certain dangerous
cargoes (CDC barges) in the inland rivers
of the Eighth Coast Guard District. This
extension is necessary because the Coast
Guard continues to analyze future
reporting needs and evaluate possible
changes in CDC reporting requirements.
This extension of the 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: Effective midnight September 30,
2013, 33 CFR 165.830(d), (f), (g), and (h)
are stayed until midnight December 31,
2015.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2013–
0760. 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.
wreier-aviles on DSK5TPTVN1PROD with RULES
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 is not 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 1360 (January
10, 2011), and was due to expire on
January 15, 2013. On January 2, 2013,
the Coast Guard extended this
suspension until midnight, September
30, 2013 (78 FR 25).
At this time, there is no plan to renew
the contract for the CDC barge reporting
system, 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.
Additionally, the Coast Guard has
proposed a rule that would require
vessels in this area to install and carry
Automatic Identification Systems (AIS).
See Vessel Requirements for Notices of
Arrival and Departure, and Automatic
Identification System notice of proposed
rulemaking (73 FR 76295, December 16,
2008). These requirements, if imposed,
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Frm 00036
Fmt 4700
Sfmt 4700
may provide a suitable alternative to the
stayed reporting requirements of 33 CFR
165.830. Therefore, an additional
extension of the stay is necessary while
the Coast Guard continues to evaluate
these options.
We believe prior notice and comment
is unnecessary because we expect the
affected public will have no objection to
the extension of the temporary
suspension of regulatory requirements.
This suspension has been in place since
January 2011, and the Coast Guard has
received no public comment or
objection regarding the suspension.
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 165.830,
takes effect at midnight on September
30, 2013, less than 30 days after
publication.
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. See 33 CFR 165.10;
Commandant Instruction Manual
M16704.3A, 1–6.
The purpose of this temporary final
rule is to extend the previously
published suspension of the reporting
requirements for CDC barges imposed
by the RNA created in 33 CFR 165.830.
This temporary rule relieves the towing
vessel operators and fleeting area
managers responsible for CDC barges
from the reporting requirements for an
additional 2-year period.
C. Discussion of the Final Rule
During the extended period for the
suspension of reporting requirements,
towing vessel operators and fleeting area
managers responsible for CDC barges
will be relieved of their obligation to
E:\FR\FM\01OCR1.SGM
01OCR1
Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations
report their CDCs under 33 CFR
165.830(d), (f), (g), and (h). This
suspension in no way relieves towing
vessel operators and fleeting area
managers responsible for CDC barges
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. This stay is extended until
December 31, 2015.
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 RULES
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 2-year 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 Eighth Coast Guard District
during this two-year 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 two years.
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60217
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.
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.
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).
11. Indian Tribal Governments
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
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Frm 00037
Fmt 4700
Sfmt 4700
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.
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
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01OCR1
60218
Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations
individually or cumulatively have a
significant effect on the human
environment. This rule involves a 2-year
extension of a previously published
suspension of reporting requirements
established for CDC barges transiting the
inland rivers of the Eighth 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.
§ 165.830
[Amended]
2. Amend 33 CFR 165.830 by staying
paragraphs (d), (f), (g), and (h) from
midnight September 30, 2013 to
midnight December 31, 2015.
■
Dated: September 17, 2013.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
A. Regulatory History and Information
On July 17, 2013, we published a
Notice of Proposed Rulemaking (NPRM)
entitled Safety Zones: Old Mormon
Slough, Stockton, CA, in the Federal
Register (76 FR 17102). We received no
comments on the NPRM, or a request for
public meeting. A public meeting was
not held.
[FR Doc. 2013–23858 Filed 9–30–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0196]
wreier-aviles on DSK5TPTVN1PROD with RULES
RIN 1625–AA00
Safety Zone; Old Mormon Slough,
Stockton, CA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone at: McCormick
& Baxter superfund site, Old Mormon
Slough, Stockton, CA. This safety zone
SUMMARY:
VerDate Mar<15>2010
14:43 Sep 30, 2013
Jkt 232001
supports ongoing efforts by the
Environmental Protection Agency (EPA)
to decontaminate soil, groundwater, and
sediment in Old Mormon Slough and
the surrounding basin. This safety zone
restricts vessels from entering Old
Mormon Slough and disturbing the
existing sediment cap needed for site
decontamination. This safety zone
reduces human health and
environmental risks associated with
clean up efforts at McCormick & Baxter
superfund site.
DATES: This rule is effective October 31,
2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0196]. 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 Lieutenant Junior Grade Blake
Morris, Waterways Management
Division, U.S. Coast Guard; telephone
510–437–3801, email Blake.J.Morris@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
B. Basis and Purpose
The Coast Guard is conducting this
rulemaking under the authority of 33
U.S.C. 1231.
The purpose of this rule is to establish
a safety zone in Old Mormon Slough to
further the efforts of the EPA to
rehabilitate soil, sediment, and ground
water from contaminates of the
McCormick & Baxter Creosoting
Company. The McCormick & Baxter
Creosoting Co. site is a 29-acre former
wood-preserving facility located in an
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Frm 00038
Fmt 4700
Sfmt 4700
industrial area near the Port of Stockton.
Old Mormon Slough, which is
connected to the Stockton Deepwater
Channel, borders the site on the north.
Except for an 8-acre portion of the site
owned by Southern Pacific Railroad
Company, McCormick & Baxter owns
the entire property. From 1942 to 1990,
McCormick & Baxter treated utility
poles and railroad ties with creosote,
pentachlorophenol (PCP), and
compounds of arsenic, chromium and
copper. Wood treating chemicals were
stored in tanks, and oily waste
generated by the wood-treatment
process was stored in unlined ponds
and concrete tanks on the site. The site
came to the attention of state agencies
in 1977 when a fish kill in New
Mormon Slough and the Stockton
Deepwater Channel was attributed to a
release of PCP-contaminated storm
water runoff from the McCormick &
Baxter facility. In 1978, McCormick &
Baxter constructed a perimeter dike to
prevent storm water runoff from the site
and installed two storm water collection
ponds. The unlined oily waste ponds
were closed in 1981. Sampling has
shown that soils throughout the site and
groundwater in the shallow aquifer
beneath the site are contaminated with
PCP, various constituents of creosote,
dioxin (a contaminant in industrialgrade PCP) and metals. Soil
contamination extends to greater than
40 feet below ground surface (BGS) in
the central processing area of the site.
Site investigations indicate that the
shallow aquifer (0–200 ft BGS) is
connected with the deeper aquifer,
which is a drinking water source.
However, no drinking water supplies
are currently threatened by site-related
contamination. Approximately 105,000
people live and work within 4 miles of
the site. Sediment in Old Mormon
Slough adjacent to the site is also
contaminated, primarily with polycyclic
aromatic hydrocarbons (PAHs) and
dioxin. Site-related contaminants have
been detected in fish caught in the
vicinity of the site. People fish in the
Stockton Channel and in Old Mormon
Slough, although the McCormick &
Baxter site is fenced and posted with
warning signs.
Previous testing conducted by the
EPA found soils and groundwater were
contaminated with PCP, dioxin, PAHs,
which are constituents of creosote,
arsenic, chromium, and copper. In
addition, non-aqueous phase liquids
(NAPLs) are widespread beneath the
site. Sediment in Old Mormon Slough
adjacent to the site is also contaminated,
primarily with PAHs and dioxin.
Individuals who accidentally ingest or
E:\FR\FM\01OCR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Rules and Regulations]
[Pages 60216-60218]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23858]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2013-0760]
RIN 1625-AA11
Regulated Navigation Area; Reporting Requirements for Barges
Loaded With Certain Dangerous Cargoes, Inland Rivers, Eighth Coast
Guard District; Extension of Stay (Suspension)
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Commander, Eighth Coast Guard District is extending the
previously published stay (suspension) of reporting requirements under
the Regulated Navigation Area (RNA) established by 33 CFR 165.830 for
barges loaded with certain dangerous cargoes (CDC barges) in the inland
rivers of the Eighth Coast Guard District. This extension is necessary
because the Coast Guard continues to analyze future reporting needs and
evaluate possible changes in CDC reporting requirements. This extension
of the 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: Effective midnight September 30, 2013, 33 CFR 165.830(d), (f),
(g), and (h) are stayed until midnight December 31, 2015.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0760. 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 LT Jason Doherty, Coast Guard; telephone
504-671-2266, email: Jason.C.Doherty@uscg.mil. If you have questions on
viewing the docket, call Barbara Hairston, 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 is not 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
1360 (January 10, 2011), and was due to expire on January 15, 2013. On
January 2, 2013, the Coast Guard extended this suspension until
midnight, September 30, 2013 (78 FR 25).
At this time, there is no plan to renew the contract for the CDC
barge reporting system, 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.
Additionally, the Coast Guard has proposed a rule that would require
vessels in this area to install and carry Automatic Identification
Systems (AIS). See Vessel Requirements for Notices of Arrival and
Departure, and Automatic Identification System notice of proposed
rulemaking (73 FR 76295, December 16, 2008). These requirements, if
imposed, may provide a suitable alternative to the stayed reporting
requirements of 33 CFR 165.830. Therefore, an additional extension of
the stay is necessary while the Coast Guard continues to evaluate these
options.
We believe prior notice and comment is unnecessary because we
expect the affected public will have no objection to the extension of
the temporary suspension of regulatory requirements. This suspension
has been in place since January 2011, and the Coast Guard has received
no public comment or objection regarding the suspension. 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 165.830, takes effect at
midnight on September 30, 2013, less than 30 days after publication.
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. See 33 CFR
165.10; Commandant Instruction Manual M16704.3A, 1-6.
The purpose of this temporary final rule is to extend the
previously published suspension of the reporting requirements for CDC
barges imposed by the RNA created in 33 CFR 165.830. This temporary
rule relieves the towing vessel operators and fleeting area managers
responsible for CDC barges from the reporting requirements for an
additional 2-year period.
C. Discussion of the Final Rule
During the extended period for the suspension of reporting
requirements, towing vessel operators and fleeting area managers
responsible for CDC barges will be relieved of their obligation to
[[Page 60217]]
report their CDCs under 33 CFR 165.830(d), (f), (g), and (h). This
suspension in no way relieves towing vessel operators and fleeting area
managers responsible for CDC barges 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. This stay is extended until December 31, 2015.
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 2-year 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 Eighth Coast Guard District during
this two-year 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 two years.
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
[[Page 60218]]
individually or cumulatively have a significant effect on the human
environment. This rule involves a 2-year extension of a previously
published suspension of reporting requirements established for CDC
barges transiting the inland rivers of the Eighth 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.
Sec. 165.830 [Amended]
0
2. Amend 33 CFR 165.830 by staying paragraphs (d), (f), (g), and (h)
from midnight September 30, 2013 to midnight December 31, 2015.
Dated: September 17, 2013.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2013-23858 Filed 9-30-13; 8:45 am]
BILLING CODE 9110-04-P
