Safety Zone; Rhode Island Sound, Narragansett Bay, Providence River

DEPARTMENT OF TRANSPORTATION

33 CFR Part 165

[CGD01-92-004]

Safety Zone; Rhode Island Sound, Narragansett Bay, Providence

River

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the regulation concerning

the safety zone required around LPG vessels moored at the LPG facility

in the Port of Providence. The amendment would reduce the distance a

vessel must moor from an LPG vessel at the LPG facility in the Port of

Providence, from 400 feet to 200 feet. This action is necessary to

eliminate unnecessary economic hardship on the commercial shipping

industry. Reduction of the required empty pier space from 400 feet to

200 feet fore and aft of LPG vessels will continue to provide the

necessary level of safety and will also provide the space necessary to

respond effectively to an LPG emergency.

DATES: Comments must be received on or by June 6, 1994.

ADDRESSES: Comments should be mailed to the Commanding Officer, Marine

Safety Office, 20 Risho Avenue, East Providence, RI 02914-1215, or may

be delivered to the above address between 7:30 a.m. and 4 p.m., Monday

through Friday, except federal holidays. The telephone number is (401)

435-2300. The Marine Safety Office maintains the public docket for this

rulemaking. Comments will become part of this docket and will be

available for inspection or copying at Marine Safety Office Providence.

FOR FURTHER INFORMATION CONTACT:

LTJG Timothy W. Pavilonis at (401) 435-2300.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in drafting this document are LTJG

Timothy W. Pavilonis, Project Officer, Marine Safety Office Providence,

and LCDR J. Stieb, Project Counsel, First Coast Guard District Legal

Office.

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their name and address,

identify this rulemaking (CGD01-92-004) and the specific section of

this proposal to which each comment applies, and give a reason for each

comment. Persons wanting acknowledgment of receipt of comments should

enclose a stamped, self addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period and may change this proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Marine Safety Office at the address

under ADDRESSES. If it determines that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at a time and place announced by a later notice in the

Federal Register.

Regulatory History

The Coast Guard published a notice of Proposed Rulemaking, CGD01-

92-004, on June 4, 1992. As a result of this NPRM, one comment was

received. Since then, the project officer was reassigned and Marine

Safety Office Providence was relocated. During this time period, the

docket was misplaced. This Supplemental Notice of Proposed Rulemaking

is being published to provide additional opportunity for public

comment. No information is presently available concerning the comment

previously received. The rule is the same as it was initially proposed,

but now contains a new comment period and a new address and phone

number for Marine Safety Office Providence, and updated drafting

information.

Background and Purpose

The regulations contained in 33 CFR 165.121 outline safety zones

required for LPG vessels visiting the Port of Providence under a

variety of conditions. The regulations establish safety zones around

LPG vessels at anchor, transiting Narragansett Bay, while moored at the

LPG facility, Port of Providence, and around the shoreside manifold

during LPG transfer operations. The proposed amendment only concerns

the safety zone required around LPG vessels moored at the LPG facility,

Port of Providence.

33 CFR 165.121(a)(3) establishes a 50 foot safety zone around a

moored LPG vessel and also requires that no vessel may moor within 400

feet of an LPG vessel moored at the facility. Industry personnel have

continually expressed dissatisfaction with the 400 foot requirement,

contending that it places an unnecessary economic burden on the

industry involved in and affected by LPG evolutions.

Coast Guard research into the issue has shown that prohibiting

vessels from mooring within 400 feet from LPG vessels at the LPG

facility is excessive and unnecessary. The safety zone established

around a moored LPG vessel is 50 feet. Since the LPG vessel is

considered safe from ignition sources at a minimum of 50 feet, a 200

foot separation from other moored vessels provides both ignition source

protection and adequate space for shoreside and waterside firefighting

or emergency tug assistance.

Regulatory Evaluation

This proposal is not a significant regulatory action under

Executive Order 12866 and is not significant under the Department of

Transportation Regulatory Policies and Procedures (44 FR 11040;

February 26, 1979). The Coast Guard expects the economic impact of this

proposal to be so minimal that a Regulatory Evaluation is unnecessary.

The Coast Guard expects the economic impact of this proposal to be

minimal on all entities because the result of the amendment will be one

of deregulation, making the present regulations less restrictive. If

the amendment has any effect, it will be a positive effect on impacted

entities. Reduction of the safety zone around moored LPG vessels from

400 feet to 200 feet will benefit the LPG facility economically in that

the total pier space for which they must pay to meet the regulations is

reduced from a total of 800 feet to 400 feet. This will also benefit

the port of Providence economically in that more pier space will be

available for other ships to moor while an LPG vessel is in port.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under section 3 of the Small Business Act

(15 U.S.C. 632).

For the reasons discussed in the Regulatory Evaluation, the Coast

Guard expects that this proposal will not have a significant economic

impact on any entity. Therefore, the Coast Guard certifies under 5

U.S.C. 605(b) that this proposal, if adopted, will not have a

significant economic impact on a substantial number of small entities.

If, however, you think that your business qualifies as a small entity

and that this proposal will have a significant economic impact on your

business, please submit a comment (see addresses) explaining why you

think your business qualifies and in what way and to what degree this

proposal will economically affect your business.

Collection of Information

This proposal contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposal in accordance with the

principles and criteria contained in Executive Order 12612 and has

determined that this proposal does not have sufficient federalism

implication to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that under section 2.B.2.C of Commandant

Instruction M16475.1B, it is an action under the Coast Guard's

statutory authority to protect public safety and is categorically

excluded from further environmental documentation. A Categorical

Exclusion Determination will be included in the docket for inspection

or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

Proposed Regulation

For the reasons set out in the preamble, the Coast Guard proposes

to amend 33 CFR part 165 as follows:

1. The authority citation for part 165 continues to read as

follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),

6.04-1, 6.04-6 and 160.5.; 49 CFR 1.46.

2. Section 165.121 is amended by revising paragraph (a)(3) to read

as follows:

Sec. 165.121 Safety Zone: Rhode Island Sound, Narragansett Bay,

Providence River.

(a) * * *

(3) For Liquefied Petroleum Gas (LPG) vessels while moored at the

LPG facility, Port of Providence; a safety zone within 50 feet around

the vessel. No vessel shall moor within 200 feet from the LPG vessel.

All vessels transiting the area are to proceed with caution to minimize

the effects of wake around the LPG vessel.

* * * * *

Dated: February 22, 1994.

H.D. Robinson,

Captain, Coast Guard, Captain of the Port, Providence, RI.

[FR Doc. 94-5285 Filed 3-7-94; 8:45 am]

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