[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Rules and Regulations]
[Pages 44149-44151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17386]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0755]
RIN 1625-AA00


Safety Zone: LST-1166 Safety Zone, Southeastern Tip of Lord 
Island, Columbia River, Rainier, 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 Columbia River encompassed in a 500 foot radius 
surrounding the LST-1166 vessel located near the southeastern tip of 
Lord Island at position 46[deg]07'18'' N 123[deg]00'51'' W adjacent to 
the Oregon shoreline. Entry into this safety zone is prohibited during 
the cleanup operation unless authorized by the Captain of the Port or 
his designated representatives. The Captain of the Port Portland, 
Oregon is taking this action to ensure the safety of boaters transiting 
this area and the safety of the people conducting the cleanup operation 
of the LST-1166.

DATES: This regulation is effective from 8 a.m. on July 22, 2008 to 8 
p.m. on September 30, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0755 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: BM2 Joshua Lehner, c/o Captain of the 
Port Portland, 6767 N. Basin Ave, Portland, OR 97217-3992, and (503) 
240-9311.

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing an NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. Due to the fact that the cleanup operation was only 
recently authorized by the federal government, earlier notice was 
unavailable. Publishing a NPRM would be contrary to public interest 
since immediate action is necessary to ensure the safety of the public 
and the environment during the cleanup operation. The public or 
environment must not be exposed to the asbestos and PCB's which require 
removal from the vessel as well as the physical cables and lines which 
may surround the vessel. If normal notice and comment procedures were 
followed, this rule would not become effective until after the date of 
the event. For this reason, following the normal rule making procedures 
in this case would be impracticable and contrary to the public.

Background and Purpose

    The Coast Guard is establishing a safety zone on the waters of the 
Columbia River encompassed in a 500 foot radius surrounding the LST-
1166 Vessel located near the southeastern tip of Lord Island on the 
Oregon shoreline. The safety zone is scheduled to start at 8 a.m. on 
July 22, 2008 to 8 p.m. on September 30, 2008. The safety zone will 
exclude vessels from transiting the cleanup area surrounding the LST-
1166 which will consist of cables, tow lines and dive operations. 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 temporary rule will create a safety zone to minimize the 
inherent dangers associated with the cleanup operation of the Vessel 
LST-1166. This is to allow for a safe cleanup operation of the Vessel 
LST-1166 to keep the public clear any hazardous material that could be 
associated with the operation. The dangers included in these operations 
are, but are not limited to, navigational hazards from small 
watercrafts and cleanup equipment in the waterway and any hazardous 
material that could be associated with the operation such as exposure 
to asbestos and PCB's. Passage through the safety zone would be 
authorized by the Captain of the Port Portland, his designated 
representative on scene. The Coast Guard, through this action, intends 
to promote the safety of personnel and vessels in the area during these 
operations.

Regulatory Evaluation

    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. The Coast Guard expects the economic 
impact of this temporary rule to be so minimal that a full Regulatory 
Evaluation under the regulatory policies and procedures of DHS is 
unnecessary. This expectation is based on the fact that the safety zone 
established by this rule will restrict passage between the southern 
shoreline of Lord Island and the Oregon shoreline of the Columbia 
River. Passage through the Safety Zone will be enforced by 
representatives of the Captain of the Port Portland and actively 
managed by a representative on scene. The Captain of the Port may be 
assisted by other federal, state, and local agencies. This regulation 
is established for the benefit and safety of the public and the 
personnel conduction the cleanup operation. This rule will be effective 
from 8 a.m. on July 22, 2008 to 8 p.m. on September 30, 2008. For the 
above reasons, the Coast Guard does not anticipate any significant 
economic impact.

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 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 or anchor in the portion of Newport Harbor during the time 
mentioned under Background and Purpose.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities due to its location. Although the 
safety zone

[[Page 44150]]

may be in place for a significant amount of time the safety zone is 
small in size and is located well outside of the navigational channel 
of the Columbia River. The vessels most likely to be impacted will be 
recreational boaters, small passenger vessel operators and commercial 
barge operators but these vessels can transit the main channel and 
avoid this safety zone altogether. Because the impacts of this proposal 
are expected to be so minimal, the Coast Guard certifies under 605(b) 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this 
temporary rule will not have a significant economic impact on a 
substantial number of small entities.

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 can 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).

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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

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 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 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, 
under the Instruction, that 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 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.


0
2. A temporary section in 165.T13-060 is added to read as follows:


Sec.  165.T13-060  LST-1166 Safety Zone, Southeastern Tip of Lord 
Island, Columbia River, Rainier, Oregon.

    (a) Safety Zone. The following area is a designated safety zone:
    (1) Near the southeastern most tip of Lord Island on the Oregon 
Shoreline of the Columbia River, Rainier, Oregon.
    (i) Location: waters of the Columbia River encompassed in the 500 
foot radius surrounding the vessel LST-1166 located at position 46[deg] 
07'18'' N, 123[deg]00'51'' W.

[[Page 44151]]

    (ii) Effective time and date: 8 a.m. on July 22, 2008 to 8 p.m. on 
September 30, 2008.
    (b) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, no person or vessel may enter or remain in 
this zone unless authorized by the Captain of the Port. Vessels and 
persons granted authorization to enter the safety zone shall obey all 
lawful orders and directions of the Captain of the Port or his 
designated representatives.
    (c) Vessels wishing to request permission to enter the safety zone 
may contact the federal or local representatives on scene VHF Channel 
16 or by calling 503-240-9311 or the Fred Devine Diving & Salvage Co. 
escort vessel on VHF Channel 16.

    Dated: July 22, 2008
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port Portland.
[FR Doc. E8-17386 Filed 7-29-08; 8:45 am]
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