[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Rules and Regulations]
[Pages 54315-54317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21886]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-15-P