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Security Zone; Waters Surrounding M/V TONG CHENG, HI
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 1, 2007 (Volume 72, Number 21)]
[Rules and Regulations]
[Page 4639-4641]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe07-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Honolulu 07-001]
RIN 1625-AA87
Security Zone; Waters Surrounding M/V TONG CHENG, HI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary 500-yard moving
security zone around the M/V TONG CHENG during its transit within the
Honolulu Captain of the Port Zone. This security zone is necessary to
protect the M/V TONG CHENG from hazards associated with vessels and
persons approaching too close during transit. Entry of persons or
vessels into this temporary security zone is prohibited unless
authorized by the Captain of the Port (COTP).
DATES: This rule is effective from 12:01 a.m. (HST) on January 22,
2007, until 11:59 p.m. (HST) on February 18, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket COTP Honolulu 07-001 and are available
for inspection or copying at Coast Guard Sector Honolulu, 400 Sand
Island Parkway, Honolulu, HI, between 7 a.m. and 3:30 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Quincey
Adams, U.S. Coast Guard Sector Honolulu at (808) 842-2600.
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), the Coast Guard finds that good
cause exists for not publishing an NPRM. This security zone is
established as part of the ongoing response operations relating to the
M/V TONG CHENG. The Unified Command ordered this emergency procedure as
soon as it was deemed necessary but not in time to complete full
notice-and-comment rulemaking procedures, and the need for this
temporary security zone was not determined until less than 30 days
before the M/V TONG CHENG will require the protection provided by this
rule. Publishing an NPRM and delaying the effective date would be
contrary to the public interest since the transit would occur before
completion of the notice-and-comment rulemaking process, thereby
jeopardizing the security of the people and property associated with
the operation. 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 COTP finds this good
cause to be the immediate need for a security zone to allay the
waterborne security threats surrounding the M/V TONG CHENG's transit.
Background and Purpose
On December 26, 2006, M/V TONG CHENG suffered damage to the number
2 cargo hold at sea during heavy weather. Damage consisted of a 2.5
foot fracture in the port shell. The Cargo hold had taken on 21 feet of
water. The Vessel was enroute to Cuba via the Panama Canal. The Vessel
altered course towards Honolulu seeking entry to effect repairs.
Sector Honolulu formed a Unified Command with Customs and Border
Protection, State of Hawaii and Responsible Party. Assets arranged
under the Unified Command arrived on scene to conduct vessel damage
assessment, source control, environmental assessment/mitigation and
pollution investigation. Sector Honolulu coordinated with Marine Safety
Center on vessel stability issues. The Unified Command plans to effect
temporary repair of the hull damage in order to improve vessel
stability for a safe transit to Honolulu Harbor for permanent repairs.
Due to the unknown duration of repairs, M/V TONG CHENG's actual
arrival date and time will not be known in advance. The Coast Guard is
establishing this security zone to ensure that the vessel is protected
during its transit into Honolulu Harbor with as much public notice as
possible.
Discussion of Rule
This temporary security zone is effective from 12:01 a.m. (HST) on
January 22, 2007, until 11:59 p.m. (HST) on February 18, 2007. It is
located within the Honolulu Captain of the Port Zone (See 33 CFR 3.70-
10) and covers all U.S. navigable waters extending 500 yards in all
directions from M/V TONG CHENG, from the surface of the water to the
ocean floor. The security zone moves with M/V TONG CHENG while in
transit. The security zone becomes fixed when M/V TONG CHENG is
anchored, position-keeping, or moored. The security zone is anticipated
to be activated and enforced for just a few days during its four-week
effective period, however operations are constrained by safety and
security of the vessel and crew as well as the potential for damage to
the environment from an oil spill. A broadcast notice to mariners will
be issued to notify the public of this activation and enforcement
period as soon as possible. M/V TONG CHENG will have a Coast Guard
escort from entry into the Captain of the Port Honolulu Zone till it
arrives at Honolulu Harbor or alternate anchorage designated by the
Captain of the Port Honolulu.
The general regulations governing security zones contained in 33
CFR 165.33 apply. Entering into, transiting through, or anchoring
within this zone is prohibited unless authorized by the Captain of the
Port or a designated representative thereof. The Captain of the Port
will cause notice of the enforcement of the security zone described in
this section to be made by broadcast notice to mariners. Any Coast
Guard commissioned, warrant, or petty officer, and any other Captain of
the Port representative permitted by law, may enforce the zone. The
Captain of the Port may waive any of the requirements of this rule for
any person, vessel, or class of vessel upon finding that application of
the security zone is unnecessary or impractical for the purpose of
maritime security. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under Sec.
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under Sec.
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 Homeland
Security (DHS).
The Coast Guard expects the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. This expectation is based on the
limited duration of the zone, the limited geographic area affected by
it, and its ability to move with the protected vessel.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small
[[Page 4640]]
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. We expect that there will be little or no impact to small
entities due to the narrowly tailored scope of this security 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 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).
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 either preempts State law or imposes 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 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 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 is 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 Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, under figure 2-1, paragraph (34)(g) of the Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. An ``Environmental Analysis Check List''
and ``Categorical Exclusion Determination (CED)'' 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.
? 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
? 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(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
? 2. Add a new Sec. 165.T14-152 to read as follows:
Sec. 165.T14-152 Security zone; waters surrounding M/V TONG CHENG, HI.
(a) Location. The following area, in U.S. navigable waters within
the Honolulu Captain of the Port Zone (See 33 CFR 3.70-10), from the
surface of the water to the ocean floor, is a security zone: All waters
extending 500 yards in all directions from M/V TONG CHENG. The security
zone moves with M/V TONG CHENG while it is in transit and becomes fixed
when M/V TONG CHENG is anchored, position-keeping, or moored.
[[Page 4641]]
(b) Effective period. This section is effective from 12:01 a.m.
(HST) on January 22, 2007, until 11:59 p.m. (HST) on February 18, 2007.
(c) Regulations. The general regulations governing security zones
contained in 33 CFR 165.33 apply. Entering into, transiting through, or
anchoring within this zone is prohibited unless authorized by the
Captain of the Port or a designated representative thereof.
(d) Enforcement. The Coast Guard will begin enforcement of the
security zone described in this section upon M/V TONG CHENG's arrival
into the Captain of the Port Honolulu Zone.
(e) Informational notice. The Captain of the Port of Honolulu will
cause notice of the enforcement of the security zone described in this
section to be made by broadcast notice to mariners.
(f) Authority to enforce. Any Coast Guard commissioned, warrant, or
petty officer, and any other Captain of the Port representative
permitted by law, may enforce this temporary security zone.
(g) Waiver. The Captain of the Port may waive any of the
requirements of this section for any person, vessel, or class of vessel
upon finding that application of the security zone is unnecessary or
impractical for the purpose of maritime security.
(h) Penalties. Vessels or persons violating this section are
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: January 21, 2007.
V.B. Atkins,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. E7-1611 Filed 1-31-07; 8:45 am]
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