[Federal Register: February 4, 2003 (Volume 68, Number 23)]
[Proposed Rules]
[Page 5614-5616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe03-21]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD14-03-001]
RIN 2115-AA97
Security Zones; Oahu, Maui, Hawaii, and Kauai, HI
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent security zones
in designated waters adjacent to the islands of Oahu, Maui, Hawaii, and
Kauai, HI. These security zones and a related amendment to regulations
for anchorage grounds in Mamala Bay 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 April 7, 2003.
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 (CGD14-03-
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.
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 will 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 temporary rule published October 30, 2002, creating
security zones in these areas until April 19, 2003.
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. 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
creating security zones, 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.
[[Page 5615]]
These proposed security zones extend from the surface of the water
to the ocean floor.
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 security zones in this proposed
rule.
These proposed security zones are intended to provide for the
safety and security of the public, maritime commerce, and
transportation, by creating 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 fact that vessels will be able to freely
transit the areas outside of any security zones. In addition, the COTP
can allow vessels to transit the security zones on a case-by-case
basis.
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 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.
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
[[Page 5616]]
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 add a new paragraph (c) to read as follows:
Sec. 110.235 Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii
(Datus: NAD 83)
* * * * *
(c) Before entering into the anchorage grounds in this section you
must first obtain permission from the Captain of the Port Honolulu.
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, 160.5; 49 CFR 1.46.
4. A new Sec. 165.1407 is added to read as follows:
Sec. 165.1407 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) 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 the following coordinates: The shoreline
at 21[deg]-17.68'N/157[deg]-52.0'W; thence due south to 21[deg]-16.0'N/
157-52.0'W, thence due west to 21[deg]-16.0'N/157[deg]-55.58'W, thence
due north to Honolulu International Airport Reef Runway at 21[deg]-
18.25'N/157[deg]-55.58'W.
(2) The waters around the Tesoro Single Point and the Chevron
Conventional Buoy Moorings beginning at 21[deg]-16.43'N/158[deg]-6.03'W
thence northeast to 21[deg]-17.35'N/158[deg]-3.95'W thence southeast to
21[deg]-16.47'N/158[deg]-3.5'W thence southwest to 12[deg]-15.53'N/
158[deg]-5.56'W thence north to the beginning point.
(3) The Kahului Harbor and Entrance Channel, Maui, HI consisting of
all waters shoreward of the COLREGS DEMARCATION line. (See 33 CFR
80.1460).
(4) All waters within the Nawiliwili Harbor, Kauai, HI shoreward of
the COLREGS DEMARCATION line (See 33 CFR 80.1450).
(5) All waters of Port Allen Harbor, Kauai, HI shoreward of the
COLREGS DEMARCATION line (See 33 CFR 80.1440).
(6) The waters within a 100-yard radius centered on each cruise
ship in Hilo Harbor, Hawaii, HI and Entrance Channel shoreward of the
COLREGS DEMARCATION (See 33 CFR 80.1480). This is a moving security
zone when the cruise ship is in transit and becomes a fixed zone when
the cruise ship is anchored or moored.
(7) The waters extending out 500 yards in all directions from
cruise ships anchored or position keeping within 3 miles of:
(i) Lahaina Harbor, Maui, between Makila Point and Puunoa Pont.
(ii) Kailua-Kona Harbor, Hawaii, between Keahulolu Point and
Puapuaa Point.
(8) 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.
(c) Cruise ship: For the purposes of this section, the term
``cruise ship'' is defined as a passenger vessel over 100 gross tons,
carrying more than 12 passengers for hire, making a voyage lasting more
than 24 hours, any part of which is on the high seas, and for which
passengers are embarked or disembarked in the United States or its
territories. A ``voyage'' in this section means the cruise ship's
entire course of travel, from the first port at which the cruise ship
embarks passengers until its return to that port or another port where
the majority of passengers are disembarked and terminate their voyage.
(d) 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 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.
Authority: In addition to 33 U.S.C. 1231, the authority for this
section includes 33 U.S.C. 1226.
Dated: January 17, 2003.
G.A. Wiltshire,
Captain, U.S. Coast Guard, Commander, Fourteenth Coast Guard District
(Acting).
[FR Doc. 03-2523 Filed 2-3-03; 8:45 am]
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