[Federal Register: May 4, 2009 (Volume 74, Number 84)]
[Rules and Regulations]
[Page 20412-20413]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my09-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0159]
RIN 1625-AA00
Safety Zone; Barge BDL235, Pago Pago Harbor, American Samoa
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary 100-foot (30.5
meter) radius safety zone around the 142 foot Barge BDL235 while it is
performing operations in and around the CHEHALIS wreck. The wreck's
approximate position is 14[deg]16.52[min] S, 170[deg]40.56[min] W
(about 350 feet north of the fuel dock in Pago Pago Harbor, American
Samoa). The safety zone is necessary to protect other vessels and the
general public from hazards associated with dive operations.
DATES: This rule is effective from 6 a.m. local American Samoa time on
April 23, 2009 through 8 p.m. local American Samoa time on May 09,
2009. If suspension of enforcement occurs earlier than May 9, 2009
notice of termination of the rule will be published in the Federal
Register and will be announced over marine band VHF channel 16 to
ensure ample public notification.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0159 and are available online by going to
http://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-2009-0159 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also available for inspection or copying at
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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Commander Marcella Granquist,
Waterways Management Division, U.S. Coast Guard Sector Honolulu,
telephone 808-842-2600, e-mail Marcella.A.Granquist@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:
Regulatory Information
On March 31, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Barge BDL235, Pago Pago Harbor, American
Samoa in the Federal Register (73 FR 3316). We received no comments on
the proposed rule.
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. The safety zone is necessary to
protect other vessels, the general public, and the divers from hazards
associated with dive operations.
Background and Purpose
On October 7, 1949 the 4,130-ton gasoline tanker CHEHALIS sank in
Pago Pago Inner Harbor, in an estimated 160 feet of water,
approximately 350 feet from the fuel dock located near Goat Island
Point, Pago Pago, American Samoa. Today, the CHEHALIS wreck remains a
potential pollution threat to the environment. The U.S. Coast Guard is
scheduled to conduct dive operations to determine and mitigate the
wreck's potential pollution threat to the area from April through May
2009.
Discussion of Comments and Changes
No comments were received and no changes were made.
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.
Vessels will be able to transit around the zone. The Sector
Honolulu Captain of the Port will allow vessels in the zone on a case-
by-case basis.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities since vessels will be allowed to transit around the 100-
foot temporary Safety Zone that will be centered over the CHEHALIS
wreck at approximately 350 feet from the fuel dock in Pago Pago Inner
Harbor, American Samoa.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed
[[Page 20413]]
this rule under that Order and have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 0023-01 and Commandant Instruction M16475.lD,
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T14-184 to read as follows:
Sec. 165.T14-184 Safety Zone; Barge BDL235, Pago Pago, American
Samoa.
(a) Location. The following area is a temporary safety zone: All
waters contained within a 100-foot (30.5 meter) radius around the 142
ft Barge, BDL235 while performing dive operations in and around the
CHEHALIS wreck. The wreck's approximate position is 14[deg]16.52' S,
170[deg]40.56' W (approximately 350 feet north of the fuel dock in Pago
Pago Harbor, American Samoa). These coordinates are based upon the
National Oceanic and Atmospheric Administration Coast Survey, Pacific
Ocean, Samoa Islands, chart 83484.
(b) Regulations. (1) Entry into or remaining in the safety zone
described in paragraph (a) of this section is prohibited unless
authorized by the Coast Guard Captain of the Port Honolulu zone.
(2) Persons desiring to transit the area of the safety zone may
contact the Captain of the Port at telephone number 1-808-842-2600, the
U.S. Coast Guard Marine Safety Detachment American Samoa at telephone
number 1-684-633-2299, or the Barge BDL235 on VHF channel 16 (156.800
MHz) or VHF channel 13 (156.650 MHz) to seek permission to transit the
area. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port or his or her
designated representative.
(c) Effective period. This rule is effective from 6 a.m. local
American Samoa time on April 23, 2009 through 8 p.m. local American
Samoa time on May 9, 2009.
(d) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no person or vessel may enter or remain in the
zone except for support vessels/aircraft and support personnel, or
other vessels authorized by the Captain of the Port or his designated
representatives.
(e) Penalties. Vessels or persons violating this rule would be
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: April 21, 2009.
B.A. Compagnoni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. E9-10114 Filed 5-1-09; 8:45 am]
BILLING CODE 4910-15-P