[Federal Register: September 19, 2008 (Volume 73, Number 183)]
[Rules and Regulations]
[Page 54315-54317]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se08-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0915]
RIN 1625-AA00
Temporary Safety Zone; Wreckage of the M/V NEW CARISSA, Pacific
Ocean 3 Nautical Miles North of the Entrance to Coos Bay, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Pacific Ocean encompassed in the 1,000 yard radius
surrounding the wreckage of the M/V NEW CARISSA located 3 nautical
miles north of the entrance to Coos Bay, Oregon. The Captain of the
Port Portland is taking this action to safeguard individuals and
vessels involved in a salvage operation involving the M/V NEW CARISSA.
Entry into this safety zone is prohibited unless authorized by the
Captain of the Port or his designated representative.
DATES: This regulation is effective from 12:01 p.m. August 31, 2008, to
12 p.m. September 30, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0915 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and Coast Guard
Sector Portland, 6767 N. Basin Ave., Portland, OR 97217, between 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call MST1 Jaime Sayers, Waterways Management, at (503)
240-9311. If you have questions on viewing the docket, call Renee V.
Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory 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)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because immediate action is necessary
to protect human safety of those involved in the salvage operations of
the NEW CARISSA. Such action will be taken by limiting public access to
the salvage area. For those same reasons 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.
Background and Purpose
This rule is related to the safety zone published in the Federal
Register on June 27, 2008 (73 FR 36433). In that rule the Coast Guard
established a temporary safety zone on the waters of the Pacific Ocean
encompassed in the 1,000 yard radius surrounding the wreckage of the M/
V NEW CARISSA located 3 nautical miles north of the entrance to Coos
Bay, Oregon. The Captain of the Port Portland took that action to
safeguard individuals and vessels involved in a salvage operation
involving the wreck of the M/V NEW CARISSA.
With this rule, for the same reasons as stated above, the Coast
Guard is establishing a safety zone in the same area because
individuals involved in the salvage operation of the NEW CARISSA have
not completed their task.
Entry into this safety zone is prohibited from 12:01 p.m. August
31, 2008 to 12 p.m. September 30, 2008, unless authorized by the
Captain of the Port or his designated representative. This safety zone
will be enforced by representatives of the Captain of the Port
Portland. The Captain of the Port may be assisted by other federal,
state, and local agencies.
Discussion of Rule
This rule, for safety concerns, will control vessels, personnel,
and individual movements on the waters of the Pacific Ocean encompassed
in the 1,000 yard radius surrounding the wreckage of the M/V NEW
CARISSA located 3 nautical miles north of the entrance to Coos Bay,
Oregon. Entry into this safety zone is prohibited unless authorized by
the Captain of the Port or his designated representative. Coast Guard
Personnel and local law enforcement will enforce this safety zone.
Regulatory Analyses
We developed this 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. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the safety zone is of limited size; and (iii) the Coast Guard will
make notifications via maritime advisories so mariners can adjust their
plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 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.
[[Page 54316]]
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 or operators of vessels intending to
transit a small area of the Pacific Ocean along the Oregon Coast
encompassed in the 1,000 yard radius surrounding the wreckage of the M/
V NEW CARISSA located 3 nautical miles north of the entrance to Coos
Bay, Oregon. This safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: the safety zone applies to a small portion of the Pacific
Ocean, entities wishing to transit in the vicinity may pass outside of
the safety zone to continue their transit. We will issue a broadcast
notice to mariners on the affected portion of the Pacific Ocean.
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 may better evaluate its
effects on them and participate in the rulemaking process. If this rule
will 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 section. 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 proposed 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 or more in any
one year. Though this rule would 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 affect 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
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.
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 Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, 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
that under the instruction there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation because it establishes a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be 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, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 165 as follows:
[[Page 54317]]
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. A temporary section in 165.T13-067 is added to read as follows:
Sec. 165.T13-067 Safety Zone; Wreckage of the M/V NEW CARISSA,
Pacific Ocean 3 Nautical Miles North of the Entrance to Coos Bay,
Oregon.
(a) Location. The following area is a safety zone: The waters of
the Pacific Ocean encompassed by a 1000 yard radius surrounding the
wreckage of the M/V NEW CARISSA located 3 NM north of the entrance to
Coos Bay, Oregon.
(b) Enforcement period. This rule will be in effect from 12 p.m.
September 2, 2008, to 12 p.m. September 30, 2008.
(c) Regulations. In accordance with the general regulations in
Section 165.23 of this part, entry into this safety zone is prohibited
unless authorized by the Captain of the Port or his designated
representative.
Dated: September 2, 2008.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port Portland.
[FR Doc. E8-21886 Filed 9-18-08; 8:45 am]
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