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Anchorages and Security Zones; Oahu, Maui, Hawaii, and Kauai, HI
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[Federal Register: September 3, 2002 (Volume 67, Number 170)]
[Proposed Rules]
[Page 56245-56247]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se02-15]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 110 and 165
[CGD14-02-001]
RIN 2115-AA97
Anchorages and Security Zones; Oahu, Maui, Hawaii, and Kauai, HI
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking; change of effective period.
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SUMMARY: The Coast Guard proposes to extend the effective period of
security zones in designated waters adjacent to the islands of Oahu,
Maui, Hawaii, and Kauai, HI for a period of 6 months beyond their
current October 19, 2002, expiration date. These security zones and a
related amendment to regulations for anchorage grounds in Mamala Bay we
also propose to extend are necessary to protect personnel, vessels, and
facilities from acts of sabotage or other subversive acts, accidents,
or other causes of a similar nature during operations and will extend
from the surface of the water to the ocean floor. Entry into the
proposed zones would be prohibited unless authorized by the Coast Guard
Captain of the Port Honolulu, HI.
DATES: Comments and related material must reach the Coast Guard on or
before October 8, 2002.
ADDRESSES: You may mail comments and related material to Commanding
Officer, U.S. Coast Guard Marine Safety Office Honolulu, 433 Ala Moana
Blvd., Honolulu, Hawaii 96813. Marine Safety Office Honolulu maintains
the public docket for this rulemaking. Comments and material received
from the public, as well as documents indicated in this preamble as
being available in the docket, will become part of this docket and will
be available for inspection or copying at Marine Safety Office Honolulu
between 7 a.m. and 3:30 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LTJG E. G. Cantwell, U. S. Coast Guard
Marine Safety Office Honolulu, Hawaii at (808) 522-8260.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD14-02-
001), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
your submission reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
The deadline to submit comments is less than 60 days from the
publication of the notice of proposed rules (NPRM) in the Federal
Register. This short comment period will permit the Coast Guard to
publish a temporary final rule before expiration of the existing
temporary security zone, and thus maintain public safety and security.
To provide additional notice, we will place a notice of our proposed
rule in the local notice to mariners. You may request a copy of this
notice via facsimile by calling (808) 522-8260.
In our final rule, we will include a concise general statement of
comments received and identify any changes from the proposed rule based
on the comments. If, as we expect, we make the final rule effective in
less than 30 days after publication in the Federal Register, we will
explain our good cause for doing so as required by 5 U.S.C. 553(d)(3).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Marine Safety Office Honolulu at
the address under ADDRESSES explaining why one would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a separate notice in the Federal Register.
Background and Purpose
Terrorist attacks in New York City, New York, and on the Pentagon
Building in Arlington, Virginia, on September 11, 2001, have called for
the implementation of additional measures to protect national security.
National security and intelligence officials warn that future terrorist
attacks against civilian targets may be anticipated. This proposed rule
is similar to a rule published April 29, 2002, (67 FR 20907) creating
security zones in these areas until October 19, 2002.
Discussion of Proposed Rule
The Coast Guard proposes designated security zones in the waters
adjacent to the islands of Oahu, Maui, Hawaii, and Kauai, HI for a
period of 6 months. These security zones are necessary to protect
personnel, vessels, and facilities from acts of sabotage or other
subversive acts, accidents, or other causes of a similar nature during
operations.
In addition to extending the period of security zones, we are also
proposing to give names to security zones and make a few editorial,
non-substantive changes. These proposed security zones would extend
from the surface of the water to the ocean floor.
This proposed rule would also amend an anchorage grounds regulation
by adding the requirement that permission of the Captain of the Port be
obtained before entering anchorage grounds in Mamala Bay.
Entry into these zones is prohibited unless authorized by the Coast
Guard Captain of the Port Honolulu, HI. Representatives of the Captain
of the Port Honolulu will enforce these security zones. The Captain of
the Port may be assisted by other federal or state agencies.
Periodically, by Broadcast Notice to Mariners, the Coast Guard will
announce the existence or status of the temporary security zones in
this proposed rule.
This temporary proposed rule is intended to provide for the safety
and security of the public, maritime commerce, and transportation, by
extending security zones in designated harbors, anchorages, facilities,
and adjacent navigable waters of the United States.
Regulatory Evaluation
This proposed 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Transportation (DOT) (44 FR 11040, February 26, 1979).
The Coast Guard expects the economic impact of this proposed rule
to be so minimal that a full Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DOT is unnecessary. This
expectation is based on the short duration of the zone and the limited
geographic zone affected by it.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a
[[Page 56246]]
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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. No small business impacts are anticipated due
to the small size of the zones and the short duration of the security
zones in any one area.
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
Because we did not anticipate any small business impacts, we did
not offer assistance to small entities in understanding the rule.
Collection of Information
This proposed 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 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 proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed 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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
List of Subjects
33 CFR Part 110
Anchorage grounds.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR parts 110 and 165 as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
49 CFR 1.46 and 33 CFR 1.05-1(g).
2. In Sec. 110.235, paragraph (c) added at 67 FR 20907, April 29,
2002, effective 6 a.m. April 19, 2002, until 4 p.m. October 19, 2002,
is extended in effect until 4 p.m. April 19, 2003.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
3. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
4. Revise temporary Sec. 165.T14-069 to read as follows:
Sec. 165.T14-069 Security Zones; Oahu, Maui, Hawaii, and Kauai, HI.
(a) Location. The following areas, from the surface of the water to
the ocean floor, are security zones--
(1) Honolulu Harbor. All waters of Honolulu Harbor and entrance
channel, Keehi Lagoon, and General Anchorages A, B, C, and D as defined
in 33 CFR 110.235 that are shoreward of a line connecting the following
coordinates: A point on the shoreline at 21 deg.17.68' N, 157 deg.52.0'
W; thence due south to 21 deg.16.0' N, 157 deg.52.0' W, thence due west
to 21 deg.16.0' N, 157 deg.55.58' W, and thence due north to Honolulu
International Airport Reef Runway at 21 deg.18.25' N, 157 deg.55.58' W.
(2) Tesoro Single Point Mooring. The waters around the Tesoro
Single Point Mooring extending 1,000 yards in all directions from
position 21 deg.16.2' N, 158 deg.05.3' W.
(3) Chevron Conventional Buoy Mooring. The waters extending 1,000
yards in all directions around vessels
[[Page 56247]]
moored at the Chevron Conventional Buoy Mooring at approximate position
21 deg.16.7' N, 158 deg.04.2' W.
(4) Kahului Harbor and Entrance Channel, Maui, HI. All waters in
the Kahului Harbor and Entrance Channel, Maui, HI, shoreward of the
COLREGS DEMARCATION line defined in 33 CFR 80.1460.
(5) Nawiliwili Harbor, Kauai, HI. All waters within the Nawiliwili
Harbor, Kauai, HI shoreward of the COLREGS DEMARCATION line defined in
33 CFR 80.1450.
(6) Port Allen Harbor, Kauai, HI. All waters of Port Allen Harbor,
Kauai, HI shoreward of the COLREGS DEMARCATION line defined in 33 CFR
80.1440.
(7) Hilo Harbor and Entrance Channel, Hawaii, HI. All waters in
Hilo Harbor and Entrance Channel, Hawaii, HI shoreward of the COLREGS
DEMARCATION line defined in 33 CFR 80.1480.
(8) Area Around Cruise Ships in Lahaina Small Boat Harbor, Maui,
and Kailua-Kona Small Boat Harbor, Hawaii. The waters extending out 500
yards in all directions from cruise ship vessels anchored within 3
miles of:
(i) Lahaina Small Boat Harbor, Maui, between Makila Point and
Puunoa Point.
(ii) Kailua-Kona Small Boat Harbor, Hawaii, between Keahulolu Point
and Puapuaa Point.
(9) Barbers Point Harbor, Oahu. All waters contained within the
Barbers Point Harbor, Oahu, enclosed by a line drawn between Harbor
Entrance Channel Light 6 and the jetty point day beacon at 21 deg.19.5'
N, 158 deg.07.3' W.
(b) Designated representative: A designated representative of the
Captain of the Port is any Coast Guard commissioned officer, warrant or
petty officer that has been authorized by the Captain of the Port
Honolulu to act on his behalf. The following officers have or will be
designated by the Captain of the Port Honolulu: The senior Coast Guard
boarding officer on each vessel enforcing the security zone.
(c) Regulations. (1) In accordance with Sec. 165.33, entry into
these zones is prohibited unless authorized by the Coast Guard Captain
of the Port, Honolulu or his designated representatives. Section 165.33
also contains other general requirements.
(2) The existence or status of the temporary security zones in this
section will be announced periodically by Broadcast Notice to Mariners.
(3) Persons desiring to transit the areas of the security zones may
contact the Captain of the Port at command center telephone number
(808) 541-2477 or on VHF channel 16 (156.8 Mhz) to seek permission to
transit the area. If permission is granted, all persons and vessels
shall comply with the instructions of the Captain of the Port or his
designated representatives.
(d) Authority. In addition to 33 U.S.C. 1231, the authority for
this section is 33 U.S.C. 1226; 49 CFR 1.46.
(e) Effective period. This section is effective from 6 a.m. HST
April 19, 2002, until 4 p.m. HST April 19, 2003.
Dated: August 22, 2002.
R.D. Utley,
Rear Admiral, Coast Guard, Commander, Fourteenth Coast Guard District.
[FR Doc. 02-22340 Filed 8-30-02; 8:45 am]
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