[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Rules and Regulations]
[Pages 63637-63639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25521]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Temporary 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 LST-1166, which is a vessel located near the southeastern 
tip of Lord Island at position 46[deg]07[min]18[sec] N 
123[deg]00[min]51[sec] W adjacent to the Oregon shoreline. Entry into 
this safety zone is prohibited unless authorized by the Captain of the 
Port, Portland, Oregon or his designated representatives. The Captain 
of the Port is taking this action to help ensure the safety of the 
maritime public as well as the individuals conducting oil and hazardous 
material clean-up operations on LST-1166.

DATES: This rule is effective from 1 p.m. on October 03, 2008 until 8 
p.m. on December 15, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0755 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-2008-0755 
in the Docket ID box, pressing Enter, and then clicking on the item in 
the Docket ID column. They are also available for inspection or copying 
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 BM2 Joshua Lehner, Coast Guard Sector Portland, 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 it would be contrary to the public 
interest to do so since the safety zone is immediately necessary to 
ensure the safety of the maritime public and individuals conducting oil 
and hazardous material clean-up operations on LST-1166 as current 
clean-up operations continue.
    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 because it would be contrary to the 
public interest to do so since the safety zone is immediately necessary 
to ensure the safety of the maritime public and individuals conducting 
oil and hazardous material clean-up operations on LST-1166 as current 
clean-up operations continue.

Background and Purpose

    LST-1166 is currently undergoing intensive clean-up operations to 
remove oil and hazardous wastes from the vessel. The safety zone 
established by this rule is necessary to help ensure the safety of the 
maritime public from exposure to any oil and hazardous materials that 
may escape from the confines of the vessel as well as the individuals 
conducting the clean-up operations from maritime traffic operating in 
the area. The safety zone will help ensure the safety of the maritime 
public and the individuals conducting the clean-up operations on LST-
1166 by prohibiting maritime traffic from coming closer than 500 feet 
from the vessel.

Discussion of Rule

    This rule establishes a temporary safety zone on the waters of the 
Columbia River encompassed in a 500 foot radius surrounding LST-1166, 
which is a vessel located near the southeastern tip of Lord Island at 
position 46[deg]07[min]18[sec] N 123[deg]00[min]51[sec] W adjacent to 
the Oregon shoreline. Entry into this safety zone is prohibited unless

[[Page 63638]]

authorized by the Captain of the Port, Portland, Oregon or his 
designated representatives. The rule is effective from 1 p.m. on 
October 03, 2008 until 8 p.m. on December 15, 2008.

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. Specifically, the economic impact of this 
rule will be negligible because the safety zone is only temporary in 
nature and the size of the safety zone is small enough to allow 
mariners to transit on the river without entering the safety zone.

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 the area covered by the safety zone created by this rule. The 
rule will not have a substantial impact on such entities, however, 
because the safety zone is only temporary in nature and the size of the 
safety zone is small enough to allow mariners to transit on the river 
without entering the safety zone.

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). 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 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

[[Page 63639]]

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 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 only 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, 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, 160.5; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T13-060A to read as follows:


165.T13-060A  Safety Zone; LST-1166 Safety Zone, Southeastern Tip of 
Lord Island, Columbia River, Rainier, OR.

    (a) Safety Zone. The following area is designated a safety zone: 
The waters of the Columbia River encompassed within a 500 foot radius 
surrounding the vessel LST-1166 located at position 
46[deg]07[min]18[sec] N 123[deg]00[min]51[sec] W.
    (b) Enforcement Date and Time. The safety zone established in 
paragraph (a) will be enforced from 1 p.m. on October 3, 2008 until 8 
p.m. on December 15, 2008.
    (c) Regulations. In accordance with the general regulations in 
Section 165.23 of this part, no person or vessel may enter or remain in 
the safety zone established in paragraph (a) unless authorized by the 
Captain of the Port, Portland, Oregon, or his designated 
representatives. Vessels and/or persons granted authorization to enter 
the safety zone shall obey all lawful orders and directions of the 
Captain of the Port, Portland, Oregon, or his designated 
representatives. Vessels and/or persons wishing to request permission 
to enter the safety zone must contact the Coast Guard representatives 
on scene with LST-1166 via VHF Channel 16 or by calling 503-240-9311 or 
the Fred Devine Diving & Salvage Co. escort vessel on VHF Channel 16.

    Dated: October 3, 2008.
Russell C. Proctor,
Commander, U.S. Coast Guard, Alternate Captain of the Port, Portland, 
Oregon.
[FR Doc. E8-25521 Filed 10-24-08; 8:45 am]
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