[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Rules and Regulations]
[Pages 14493-14495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6693]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0002]
RIN 1625-AA00


Safety Zone; Dive Platform, 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 safety zone around 
the USNS Sioux or M/V EL LOBO GRANDE II dive platform and the 332-foot 
Tanker Barge CAPELLA while they are performing operations in and around 
the CHEHALIS wreck. The safety zone is necessary to protect other 
vessels and the general public from hazards associated with pre-staging 
vessels and dive operations. Entry into or remaining in the safety zone 
during the effective period is prohibited unless authorized by the 
Captain of the Port Honolulu.

DATES: This rule is effective from 6 a.m. on March 25, 2010 through 8 
p.m. on April 17, 2010.

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-2010-0002 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0002 in the ``Keyword'' 
box, and then clicking ``Search.'' 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 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 February 5, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; Dive Platform, Pago Pago Harbor, American 
Samoa in the Federal Register (75 FR 5907). We received no comments and 
no public meeting was requested or held.
    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. Making this safety zone effective 
March 25, 2010 is essential to protect the public from the hazards 
associated with pre-staging large vessels for the planned diving 
operations in and around the CHEHALIS wreck.

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. From April 23, 2009 to May 10, 2009, 
the U.S. Coast Guard performed dive operations on the CHEHALIS wreck to 
determine the wreck's potential pollution threat to the environment. In 
December 2009, the U.S. Coast Guard planned dive operations to mitigate 
the wreck's potential pollution threat with pre-staging vessels 
beginning March 25, 2010 and conducting diving operations from March 
27, 2010 to April 17, 2010.

Discussion of Comments and Changes

    No comments were received and no public meeting was held. Two 
changes from the proposed temporary rule to the final temporary rule 
are necessary to enact the safety zone during the pre-staging of the 
dive platform and associated 332-foot Tank Barge starting on March 25, 
2010 to ensure dive operations finish by April 17, 2010. First, we are 
changing the effective date of the regulation to March 25, 2010 instead 
of March 29, 2010. Second, we are slightly enlarging the area of the 
safety zone to accommodate both the dive platform and the Tank Barge, 
from a proposed 200-foot radius to an area approximately 600 by 300 
feet. We note

[[Page 14494]]

that vessels will still be able to transit around the enlarged 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.
    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 
temporary Safety Zone north of the fuel dock in Pago Pago Inner Harbor, 
American Samoa. 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), in the NPRM we offered to 
assist small entities in understanding this 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 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 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 cause 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 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 would 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 023-01 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

[[Page 14495]]

have made a preliminary determination that 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. This 
rule involves the creation of a temporary safety zone. 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; 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.T14-199 to read as follows:


Sec.  165.T14-199  Safety Zone; Dive Platform Vessel, Pago Pago Harbor, 
American Samoa.

    (a) Location. The following area is a temporary safety zone: All 
waters contained around the USNS Sioux or M/V EL LOBO GRANDE II dive 
platform and the 332-foot Tanker Barge CAPELLA while they are 
performing operations in and around the CHEHALIS wreck in Pago Pago 
Harbor, American Samoa. This safety zone is in the rough shape of a box 
600 feet east/west and 300 feet north/south bounded by the points: 
14[deg]16'36'' S, 170[deg]40'51'' W; 14[deg]16'24'' S, 170[deg]40'51'' 
W; 14[deg]16'27'' S, 170[deg]40'48'' W, 14[deg]16'88'' S, 
170[deg]41'67'' W, and 14[deg]16'34'' S, 170[deg]40'56'' W. This safety 
zone extends from the surface of the water to the ocean floor. These 
coordinates are based upon the National Oceanic and Atmospheric 
Administration Coast Survey, Pacific Ocean, Samoa Islands, chart 83484.
    (b) Effective period. This rule is effective from 6 a.m. on March 
25, 2010 through 8 p.m. on April 17, 2010.
    (c) Regulations. (1) Except for persons or vessels described in 
paragraph (c)(3) of this section, in accordance with the general 
regulations in 33 CFR part 165, Subpart C, entry into or remaining in 
the safety zone described in paragraph (a) of this section is 
prohibited.
    (2) Persons desiring to transit the area of the safety zone may 
contact the Captain of the Port at telephone number 1-684-633-2299, the 
dive platform vessel on VHF channel 16 (156.800 MHz), or at telephone 
number 1-808-842-2600, 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 designated 
representative.
    (3) 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: March 10, 2010.
B.A. Compagnoni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2010-6693 Filed 3-25-10; 8:45 am]
BILLING CODE 9110-04-P