
[Federal Register: June 27, 2008 (Volume 73, Number 125)]
[Rules and Regulations]               
[Page 36433-36435]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn08-12]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0146]
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.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Pacific Ocean encompassed in the 1000 yard radius 
surrounding the wreckage of the M/V NEW CARISSA located 3 NM 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 10 a.m. June 5, 2008, to 11:59 
p.m. August 31, 2008, unless canceled earlier through broadcast notice 
to mariners.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0146 and are available online 
at http://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: MST1 Lucia Mack, Waterways Management, 
c/o Captain of the Port Portland, 6767 N. Basin Ave, Portland, OR 
97217-3992, and (503) 240-9311.

SUPPLEMENTARY INFORMATION:

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. The Coast Guard was not given a start date for this 
operation and just recently became aware of its progress which did not 
allow for prior notice. Publishing a NPRM would be contrary to public 
interest since immediate action is necessary to allow for the safe 
salvage of the wreckage of the M/V NEW CARISSA which is aground upon a 
sand bar in the Pacific Ocean 3 NM north of the entrance to Coos Bay, 
Oregon. If normal notice and comment procedures were followed, this 
rule would not become effective until after the date of the salvage 
operation. For this reason, following the normal rulemaking procedures 
in this case would be impracticable and contrary to the public safety.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone on the 
waters of the Pacific Ocean encompassed in the 1000 yard radius 
surrounding the wreckage of the M/V NEW CARISSA located 3 NM 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 from 10 a.m. June 5, 2008, to 11:59 p.m. 
August 31, 2008, unless canceled earlier through broadcast notice to 
mariners.
    The Captain of the Port Portland is taking this action to safeguard 
individuals and vessels involved in a salvage operation involving the 
wreck of the M/V NEW CARISSA. 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 1000 yard radius surrounding the wreckage of the M/V NEW CARISSA 
located 3 NM north of the entrance to Coos Bay, Oregon as indicated in 
section 2 of this Temporary Final Rule. 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. The Captain of the Port may 
be assisted by other federal and local agencies.

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

[[Page 36434]]

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 proposal to be so minimal the full Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures 
unnecessary. This expectation is based on the fact that the regulated 
areas established by the proposed regulation will involve a small area 
of the Pacific Ocean along the Oregon Coast that doesn't have much 
vessel traffic. The removal of the wreckage of the M/V NEW CARISSA in a 
controlled and deliberate operation ensures the safety of future 
traffic in that the vessel will not be allowed to deteriorate in a 
fashion which could cause unknown navigation hazards and/or additional 
pollution in the area. The removal of the wreck's potential to create 
these incidents will offset any potential adverse economic impact these 
restrictions might have.

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.
    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 1000 yard radius surrounding the wreckage of the M/V 
NEW CARISSA located 3 NM 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. 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 
tiny portion of the Pacific Ocean, entities wishing to transit in the 
vicinity of this area may pass outside of the safety zone to continue 
their transit. We will issue a broadcast notice to mariners on the 
effected 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

[[Page 36435]]

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 Record 
Keeping Requirements, Security Measures, and Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 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. A temporary section in 165.T13-035 is added to read as follows:


Sec.  165.T13-035  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 10 a.m. 
June 05, 2008, to 11:59 p.m. August 31, 2008.
    (c) Regulations. In accordance with the general regulations in 
Sec.  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: June 5, 2008.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port Portland.
[FR Doc. E8-14616 Filed 6-26-08; 8:45 am]

BILLING CODE 4910-15-P
