[Federal Register Volume 74, Number 84 (Monday, May 4, 2009)]
[Rules and Regulations]
[Pages 20412-20413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10114]


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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 [email protected]. 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