[Federal Register: March 31, 2009 (Volume 74, Number 60)]
[Proposed Rules]
[Page 14508-14510]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr09-28]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes 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 and
centered 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: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before April 15,
2009 or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0159 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Lieutenant Commander Marcella Granquist, Waterways
Management Division, U.S. Coast Guard Sector Honolulu, telephone 808-
842-2600. 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:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0159), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, USCG-2009-0159 in the Docket ID box, press Enter, and then
click on the balloon shape in the Actions column. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit them by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period and we may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, USCG-2009-0159 in the Docket ID box, press Enter, and then
click on the item in the Docket ID column. You may also visit either
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; or at Sector Honolulu, 433 Ala Moana
Blvd, Honolulu, Hawaii, 96813 between 7:30 a.m. and 2 p.m., Monday
through Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
[[Page 14509]]
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
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 Proposed Rule
This temporary 100-foot (30.5 meter) safety zone would be effective
from 6 a.m. April 26, 2009 through 8 p.m. May 14, 2009, (local American
Samoa time). If suspension of enforcement occurs earlier than May 14,
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. In accordance with the general
regulations in 33 CFR Part 165, Subpart C, no person or vessel would be
permitted to 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. Vessels,
aircraft, or persons in violation of this proposed rule would be
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Regulatory Analyses
We developed this proposed 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 proposed 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 proposed regulation would restrict access to the
safety zone, the effect of this rule would not be significant because
vessels will be able to transit around the zone. Sector Honolulu COTP
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 proposed 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 proposed
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 often be centered
over the CHEHALIS wreck at approximately 350 feet from the fuel dock in
Pago Pago Inner Harbor, American Samoa. However, this rule may affect
the following entities, some of which may be small entities: Owners and
operators of vessels intending to transit the proposed safety zone.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Lieutenant
Commander Marcella Granquist, Waterways Management Division, Sector
Honolulu, 808-842-2600. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship
[[Page 14510]]
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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 5100.1 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 made a preliminary determination under the Instruction that this
action is not likely to have a significant effect on the human
environment. An environmental analysis checklist supporting this
preliminary determination is available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
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 proposes
to amend 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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
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 100-foot or 30.5 meter radius around the 142 foot Barge, BDL235
while it is performing dive 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 and 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, or his
or her designated representative.
(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 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) Enforcement period. This rule will be enforced from 6 a.m. on
April 26, 2009 through 8 p.m. on May 14, 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 or her
designated representative.
(e) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: March 19, 2009.
B. A. Compagnoni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. E9-7116 Filed 3-26-09; 4:15 pm]
BILLING CODE 4910-15-P