[Federal Register: June 7, 2005 (Volume 70, Number 108)]
[Proposed Rules]
[Page 33047-33053]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn05-21]
[[Page 33047]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD14-04-116]
RIN 1625-AA87 (Formerly 1625-AA00)
Security Zones; Oahu, Maui, HI, and Kauai, HI
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard is issuing a supplement to our notice of
proposed rulemaking (NPRM) published on May 20, 2004 (69 FR 29114). The
NPRM underwent further Coast Guard review after its comment period that
produced revisions significant enough to merit this supplement to our
original proposal. This supplement is intended to announce the
revisions and reopen the comment period.
The Coast Guard proposes to make changes to existing permanent
security zones in designated waters adjacent to the islands of Oahu,
Maui, Hawaii, and Kauai, Hawaii. These revised 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 and will extend from the surface of the water to the
ocean floor. Some of the revised security zones would be continuously
activated and enforced at all times, while others would be activated
and enforced only during heightened threat conditions. Entry into these
Coast Guard security zones while they are activated and enforced would
be prohibited unless authorized by the Captain of the Port.
DATES: Comments and related material must reach the Coast Guard on or
before August 8, 2005.
ADDRESSES: You may mail comments and related material to Commanding
Officer, U.S. Coast Guard Sector Honolulu, Sand Island Access Road,
Honolulu, Hawaii 96819-4398. Sector 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, are available for inspection and copying at
Coast Guard Sector Honolulu, 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:
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 (CGD14-04-
116), 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
that 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
publicize this supplemental proposal in the Local Notice to Mariners,
available at the following Web site: http://www.navcen.uscg.gov/1nm/d14
.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Sector Honolulu at the address
under ADDRESSES explaining why one would be beneficial. If we determine
that one would aid this rulemaking, we would hold one at a time and
place announced by separate notice in the Federal Register.
Regulatory History
On May 20, 2004, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Security Zones: Oahu, Maui, Hawaii and
Kauai, Hawaii,'' in the Federal Register (69 FR 29114). We received
five letters commenting on the proposed rule. No public meeting was
requested, and none was held. The comment period on that proposed rule
ended July 19, 2004, but the comment period has been reopened because
we are seeking comments on this SNPRM.
Background and Purpose
The terrorist attacks against the United States that occurred on
September 11, 2001, have emphasized the need for the United States to
establish heightened security measures in order to protect the public,
ports and waterways, and the maritime transportation system from future
acts of terrorism or other subversive acts. The terrorist organization
Al Qaeda and other similar groups remain committed to conducting armed
attacks against U.S. interests, including civilian targets within the
United States. Accordingly, the President has continued the national
emergencies he declared following the attacks (67 FR 58317, September
13, 2002)(continuing national emergency with respect to terrorist
attacks); (68 FR 55189, September 22, 2003)(continuing national
emergency with respect to persons who commit, threaten to commit, or
support acts of terrorism). Pursuant to the Magnuson Act, 50 U.S.C.
191, et seq., the President also has found that the security of the
United States is and continues to be endangered by the September 11,
2001 attacks (E.O. 13272, 67 FR 56215, September 3, 2002). National
security and intelligence officials warn that future terrorist attacks
are likely.
In response to this threat, on April 25, 2003, the Coast Guard
established permanent security zones in designated waters surrounding
the Hawaiian Islands (68 FR 20344, April 25, 2003). These security
zones have been in operation for more than 2 years. We have conducted
periodic review of port and harbor security procedures and considered
the oral feedback that local vessel operators gave to Coast Guard units
enforcing the zones. In response, the Coast Guard is proposing to
continue most of the current security zones, but to reduce the size and
scope of some of the zones to afford acceptable protection to critical
assets and maritime infrastructure while minimizing the disruption to
maritime commerce and the inconvenience to small entities.
This proposed rule would create permanently-existing security zones
in the waters surrounding the islands of Oahu, Maui, Kauai, and Hawaii.
Specifically, 13 permanent security zones would affect the following
locations and facilities: (1) Honolulu Harbor, Oahu; (2) Honolulu
Harbor General Anchorages B, C, and D, Oahu; (3) Kalihi Channel and
Keehi Lagoon, Oahu; (4) Honolulu International Airport, North Section,
Oahu; (5) Honolulu International Airport, South Section, Oahu; (6)
Barbers Point Offshore Moorings, Oahu; (7) Barbers Point Harbor, Oahu;
(8) Kahului Harbor, Maui; (9) Lahaina, Maui; (10) Hilo Harbor, Hawaii;
(11) Kailua-Kona Harbor, Hawaii; (12) Nawiliwili Harbor, Lihue, Kauai;
and (13) Port Allen, Kauai. When activated and enforced by the Captain
of the Port or his or her representative, persons and vessels must not
enter these security zones without the express permission of the
Captain of the Port.
[[Page 33048]]
Discussion of Comments and Changes
In response to our initial proposed rule published on May 20, 2004,
the Coast Guard received five letters. Two letters from the State of
Hawaii are in favor of the rulemaking and contained no objections. One
letter from a maritime association is also in favor with no objections.
These three letters recognize the need for the security zones and
reiterate the Coast Guard's reasons for proposing them, raising no
additional issues. The remaining two letters raise issues that are
discussed below.
A letter from a Hawaii-based oil company is in favor of the
proposed changes to the security zones, but suggests that the Coast
Guard include a provision allowing such companies to submit an advance
transportation schedule to the Captain of the Port that would permit
fuel barges to conduct transit and fuel-transfer operations in port
within a large cruise ship (LCS) security zone under normal
circumstances. The letter also states that there should be more
explicit language assuring minimal interruption of businesses that
conduct routine operations in the commercial harbors when the Maritime
Security (MARSEC) Level is not elevated.
Coast Guard Response: For these security zones to be effective in
safeguarding ports, facilities, and vessels from acts of terrorism and
sabotage, the Captain of the Port must have access to accurate and
timely information regarding current vessel traffic in any designated
security zone. Paragraph 165.1407(c)(2) in the proposed rule below
specifically authorizes the public to employ either oral or written
means to request permission to enter and operate within a designated
security zone. This proposed rule does not preclude the submission of
an accurate operating schedule as a means of obtaining permission to
enter the security zones created by this rule. Any party desiring to
submit a schedule in writing to the Captain of the Port for approval
may call the Sector Honolulu Command Center at (808) 842-2600. Approval
of such requests would be at the discretion of the Captain of the Port.
The final letter commenting on the proposed changes to existing
security zones is from a maritime association and raises three separate
issues:
Issue 1: The letter comments that, because the port facilities in
Hilo, Kahului, and Nawiliwili Harbors are essentially within 100 yards
of each other, the security zone around a large cruise ship moored at
one of those facilities would preclude the simultaneous use of that
harbor by any other vessel, especially the tugs and barges that
frequently transit the area. The comment emphasizes that tug and barge
operations are the main ``life line'' of the outlying islands, and that
LCS traffic is expected to increase, with no increase in facilities, so
the security zones around these ships will soon have an even greater
negative impact on such operations.
Coast Guard Response: The proposed security zones would not
preclude simultaneous use of a harbor when an LCS is moored at one of
the facilities. We acknowledge that the proposed security zones around
large cruise ships occasionally may cause inconvenience to other
vessels and operators within the immediate area because they would have
to get permission before entering those zones. We do not agree,
however, that this inconvenience is unreasonable considering the
benefits provided by the security zones.
With their high profile and passenger-carrying capacity, large
cruise ships are attractive targets for acts of sabotage and terrorism,
particularly when they are stationary at a pier or mooring.
Nevertheless, in response to this comment, we have considered reducing
the size of the zones around stationary LCSs, but we determined that an
effective security zone must be large enough to allow security
personnel to identify and respond to potential threats. Moreover, any
person affected by the security zone around a large cruise ship may
request permission to enter and transit the zone by contacting the
Sector Honolulu Command Center via VHF channel 16 (156.8 Mhz) or phone:
(808) 842-2600. Operators who frequently operate in the vicinity of a
security zone would have the option of submitting a written schedule
for advance approval to minimize any potential disruption.
Issue 2: The letter comments that the language in the NPRM about
security zones around large cruise ships and designated enforcement
zones is confusing, as is much of the other terminology, and certain
paragraphs of the proposed rule should be reworded.
Coast Guard Response: We agree and have extensively revised both
the wording and organization of our proposed rule. We separated the
zones by island and gave each of the four islands a separate section in
the CFR. This change allows us to focus the proposed regulation
paragraphs on LCS zones for the islands of Maui, Kauai, and Hawaii,
because the LCS zones are proposed for those islands only; none are
proposed for Oahu. This change also allows us to focus the regulation
and notice paragraphs in the Oahu CFR section on the three Oahu zones
there that are enforced only upon a rise in the MARSEC level or when
the Captain of the Port has determined there is a heightened risk of a
transportation security incident.
As for wording changes, we inserted the word ``activated'' several
times to help discern when certain security zones would be enforced. It
is important to note, however, that these proposed security zones would
be permanently established, and that the word ``activated'' is only
meant to distinguish whether the permanently-established zone is
subject to enforcement. We made numerous similarly non-substantive
wording changes for this supplemental NPRM that do not change the
meaning or intent of our initial proposed rule but hopefully improve
the clarity of the proposed rule in response to this letter.
Issue 3: The letter suggests removing the Honolulu International
Airport Security Zone from Category 1 (zones subject to enforcement at
all times) and placing it in Category 2 (zones subject to enforcement
only during heightened threat conditions, as provided in this proposed
rule). This area is planned for future ocean recreation expansion and
it should not be continuously and permanently removed from public use.
Alignment with the adjacent Keehi Lagoon Security Zone (Category 2)
would preserve public use of the entire Keehi Lagoon area for future
recreational and commercial improvements.
Coast Guard Response: The security zone nearest Honolulu
International Airport in particular must remain a Category 1 zone
because all major airports are possible terrorist targets. The Category
1 designation of this area is specifically meant to protect the
Honolulu International Airport, as well as all the aircraft and people
working or transiting the facility. Designating this area a Category 2
zone would compromise security by removing the continuous waterside
buffer around the airport afforded by the Category 1 designation. Those
wishing to enter the zone, however, would only need to seek and obtain
prior approval. The Captain of the Port would not manage security zones
solely based on possible future scenarios but rather adjust as
appropriate to the current threat situation so security can be
maintained while minimizing disruption to commercial and recreational
traffic.
The comments received affected this proposal to the extent
described above, but we have made additional
[[Page 33049]]
substantive changes to the NPRM published on May 20, 2004 (69 FR 29114)
that necessitated this supplemental notice. We are now proposing an
additional security zone, described in this proposed rule, Sec.
165.1407(a)(4)(ii), as Honolulu International Airport, South Section.
This new security zone, encompassing Honolulu Harbor anchorages B, C,
and D, would be a Category 2 zone, subject to enforcement only in times
of raised MARSEC levels or other threats. We have determined there is a
need to propose this zone to create an additional protective buffer
around the airport when necessary.
The separately-designated Honolulu Harbor Anchorages B, C, and D
security zone would remain the same as in our initial proposed rule:
Limited to the waters extending 100 yards in all directions from
vessels over 300 gross tons anchored there. The 100-yard security zone
around those vessels would still be activated and enforced at all times
regardless of whether an emerging threat has necessitated the
additional activation and enforcement of the encompassing Honolulu
International Airport, South Section security zone proposed for
increased airport protection.
The name of the Honolulu International Airport security zone in our
initial proposed rule is changed in this proposal to Honolulu
International Airport, North Section, Sec. 165.1407(a)(4)(i), to
distinguish it from the Honolulu International Airport, South Section
proposal. The Honolulu International Airport, North Section security
zone would remain a Category 1 zone, enforced and activated at all
times, extending only about 800 yards offshore from the airport, the
minimal distance required for low-level security conditions.
We also propose to eliminate an unnecessary notification
requirement that was in our initial proposed rule. We have determined
that the best public notification of the presence of an LCS security
zone is the presence of the LCS itself, which would be obvious to
operators well before they reach the 100-yard zone. Therefore, while we
may use other notification methods, like a broadcast notice to
mariners, the requirement to make such other notification is not in
this proposal.
Additionally, in the paragraphs of our proposed rule that address
permission to transit a security zone, we have now included language
that eliminates the need for seaplane operators to get Coast Guard
permission while they are in compliance with established Federal
Aviation Administration regulations regarding flight-plan approval. We
have determined that this change is necessary to limit the
communications that pilots would have to make when transiting the
zones.
We have also revised our penalty paragraphs so that they are
limited to referencing the statutes (33 U.S.C. 1232 and 50 U.S.C. 192)
that provide violation penalties. This change would eliminate the need
to amend those paragraphs every time the penalty statutes are amended.
Other changes from our initial proposed rule include the addition
of the words ``or hundredths'' in Sec. 165.1407(a) to more accurately
describe how security-zone coordinates are expressed, and an update of
Sector Honolulu's contact information to reflect recent changes.
Discussion of Proposed Rule
Due to national security interests, these proposed security zones
are necessary for the protection of the public, port facilities, and
waterways of the Hawaiian Islands. The security zones would be located
in the waters adjacent to the islands of Oahu, Maui, Hawaii, and Kauai,
Hawaii. These zones would vary in size and shape depending on the
location and the protective scope of the zone. All zones, however,
would extend from the surface of the water to the ocean floor.
The security zones would consist of two categories: (1) Those
security zones that are subject to enforcement at all times, and (2)
those security zones that are subject to enforcement only upon the
occurrence of an event specified in this rule. Whenever a security zone
is subject to enforcement, persons and vessels would be prohibited from
entering them without the express permission of the Captain of the
Port.
The first category, designated waters where security zones are
subject to enforcement at all times, would include security zones in
Honolulu Harbor, 33 CFR 165.1407(a)(1); Honolulu International Airport,
North Section, Sec. 165.1407(a)(4)(i); and the Barbers Point Offshore
Moorings, Sec. 165.1407(a)(5) (Tesoro Single Point Mooring and the
Chevron Conventional Buoy Mooring).
The second category, designated waters where the security zones are
subject to enforcement only upon the occurrence of a specific event,
would consist of the security zones located at Kalihi Channel and Keehi
Lagoon, Oahu, Sec. 165.1407(a)(3); Honolulu International Airport,
South Section, Sec. 165.1407(a)(4)(ii); Barbers Point Harbor, Oahu,
Sec. 165.1407(a)(6); and the large cruise ship (LCS) security zones.
An LCS security zone would be enforced around the LCS itself when
it enters one of the geographic locations (a harbor, for example)
described in the proposed rule. Each zone would encompass the waters
extending 100 yards in all directions from each LCS. These zones would
be created in the following locations: Kahului Harbor, Maui, Sec.
165.1408(a)(1); Lahaina, Maui, Sec. 165.1408(a)(2); Hilo Harbor,
Hawaii, Sec. 165.1409(a)(1); Kailua-Kona, Hawaii, Sec.
165.1409(a)(2); Nawiliwili Harbor, Lihue, Kauai, Sec. 165.1410(a)(1);
and Port Allen, Kauai, Sec. 165.1410(a)(2).
Security zones in the Honolulu Harbor Anchorages B, C, and D, Sec.
165.1407 (a)(2), would be enforced around any vessel in excess of 300
gross tons anchored within one of those designated anchorage areas. The
security zones would extend 100 yards in all directions from any such
vessel.
The security zones at Kahului Harbor, Maui; Nawiliwili Harbor,
Lihue, Kauai; Port Allen, Kauai; and Hilo Harbor, Hawaii, would be
subject to enforcement upon the occurrence of a specific event, namely,
the arrival of an LCS, as defined in this proposed rule, at the harbor.
The security zone would extend 100 yards in all directions from the LCS
while it is transiting the harbor. When the LCS is anchored, position-
keeping, or moored, the security zone would remain fixed, extending 100
yards in all directions from the vessel.
The security zones at Lahaina Harbor, Maui and Kailua-Kona Harbor,
Hawaii, would be subject to enforcement when an LCS comes within 3
nautical miles of the harbor and would extend out 100 yards in all
directions from the vessel. The 100-yard security zone around each LCS
would be activated and enforced regardless of whether the cruise ship
is underway, moored, position-keeping, or anchored, and would continue
in effect until such time as the vessel departs the harbor and the 3-
mile enforcement area.
The security zones at Kalihi Channel and Keehi Lagoon, Oahu and
Barbers Point Harbor, Oahu, would be subject to enforcement only upon
the occurrence of one of the following events:
1. Whenever the Maritime Security (MARSEC) level, as defined in 33
CFR part 101, is raised to 2 or higher; or,
2. Whenever the Captain of the Port, after considering all
available facts, determines that there is a heightened risk of a
transportation security incident or other serious maritime incident,
including but not limited to any incident that may cause loss of life,
environmental damage, transportation system disruption, or economic
disruption in a particular area.
[[Page 33050]]
For the security zones at Kalihi Channel and Keehi Lagoon, Oahu and
Barbers Point Harbor, Oahu, the Captain of the Port would cause notice
of either of these two enforcement-triggering events to be published in
the Federal Register. The Captain of the Port would use actual notice,
local notice to mariners, and broadcast notice to mariners to advise
the public when these security zones are subject to enforcement. By the
same means, the Captain of the Port would also cause notice of
suspension of enforcement of these security zones to be made.
The Captain of the Port would also use local notice to mariners and
broadcast notice to mariners to announce the enforcement of security
zones around vessels more than 300 gross tons anchored in Honolulu
Harbor Anchorages B, C or D. Notice of enforcement of an LCS security
zone adjacent to the islands of Maui, Kauai or Hawaii would be provided
by the presence of the LCS itself.
Entry into the security zones in this proposed rule while they are
subject to enforcement would be prohibited unless authorized by the
Coast Guard Captain of the Port, Honolulu, Hawaii. The Captain of the
Port or his or her representatives would enforce these security zones.
The Captain of the Port may be assisted by other federal or state
agencies to the extent permitted by law.
For all seaplane traffic entering or transiting the security zones,
a seaplane's compliance with all Federal Aviation Administration (FAA)
regulations regarding flight-plan approval would be deemed adequate
permission to transit the waterway security zones described in this
section. No communication between the aircraft and the Coast Guard
would be necessary upon compliance with FAA regulations regarding the
flight plan.
These security zones would be established pursuant to the authority
of the Magnuson Act, 50 U.S.C. 191, et seq., and regulations
promulgated by the President under Title 33, Part 6 of the Code of
Federal Regulations. Vessels or persons violating this section would be
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
In addition to revising security zones, this proposed rule also
would remove an existing security zone located at General Anchorage A,
current 33 CFR 165.1407(a)(1), in the vicinity of Honolulu Harbor and
entrance channel.
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
Homeland Security.
The Coast Guard expects the economic impact of this proposed 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 short duration of most of the zones and the limited
geographic area affected by them.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule will 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 will not have a significant economic impact on a substantial
number of small entities. While we are aware that many affected areas
have small commercial entities, including canoe and boating clubs and
small commercial businesses that provide recreational services, we
anticipate that there will be little or no impact to these small
entities due to the narrowly tailored scope of these proposed security
zones.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant (Junior Grade)
Quincey Adams, U.S. Coast Guard Sector Honolulu, at (808) 842-2600. 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 proposed 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 proposed rule will not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed 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 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 proposed 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 proposed 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
[[Page 33051]]
power and responsibilities between the Federal Government and Indian
tribes.
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. 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, 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 would 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 proposed rule is categorically
excluded from further environmental documentation.
List of Subjects 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and record
keeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 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. Revise Sec. 165.1407 to read as follows:
Sec. 165.1407 Security Zones; Oahu, HI.
(a) Location. The following areas, from the surface of the water to
the ocean floor, are security zones that are activated and enforced
subject to the provisions in paragraph (c) of this section. All
coordinates below are expressed in degrees, minutes, and tenths or
hundredths of minutes.
(1) Honolulu Harbor. All waters of Honolulu Harbor and Honolulu
entrance channel commencing at a line between entrance channel buoys
no. 1 and no. 2, to a line between the fixed day beacons no. 14 and no.
15 west of Sand Island Bridge.
(2) Honolulu Harbor Anchorages B, C, and D. All waters extending
100 yards in all directions from each vessel in excess of 300 gross
tons anchored in Honolulu Harbor Anchorage B, C, or D, as defined in 33
CFR 110.235(a).
(3) Kalihi Channel and Keehi Lagoon, Oahu. All waters of Kalihi
Channel and Keehi Lagoon beginning at Kalihi Channel entrance buoy no.
1 and continuing along the general trend of Kalihi Channel to day
beacon no. 13, thence continuing on a bearing of 332.5[deg]T to shore,
thence east and south along the general trend of the shoreline to day
beacon no. 15, thence southeast to day beacon no. 14, thence southeast
along the general trend of the shoreline of Sand Island, to the
southwest tip of Sand Island at 21[deg]18.0' N/157[deg]53.05' W, thence
southwest on a bearing of 233[deg]T to Kalihi Channel entrance buoy no.
1.
(4) Honolulu International Airport. (i) Honolulu International
Airport, North Section. All waters surrounding Honolulu International
Airport from 21[deg]18.25' N/157[deg]55.58' W, thence south to
21[deg]18.0' N/157[deg] 55.58' W, thence east to the western edge of
Kalihi Channel, thence north along the western edge of the channel to
day beacon no. 13, thence northwest at a bearing of 332.5[deg]T to
shore.
(ii) Honolulu International Airport, South Section. All waters near
Honolulu International Airport from 21[deg]18.0' N/157[deg]55.58' W,
thence south to 21[deg]16.5' N/157[deg]55.58' W, thence east to
21[deg]16.5' N/157[deg]54.0' W (the extension of the western edge of
Kalihi Channel), thence north along the western edge of the channel to
21[deg]18.0' N/157[deg]53.92' W (Kalihi Channel buoy ``5''), thence
west to 21[deg]18.0' N/157[deg]55.58' W.
(5) Barbers Point Offshore Moorings. All waters around the Tesoro
Single Point and the Chevron Conventional Buoy Moorings beginning at
21[deg]16.43' N/158[deg]06.03' W, thence northeast to 21[deg]17.35' N/
158[deg]3.95' W, thence southeast to 21[deg]16.47' N/158[deg]03.5' W,
thence southwest to 21[deg]15.53' N/158[deg]05.56' W, thence north to
the beginning point.
(6) 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]07.26' W.
(b) Definitions. As used in this section, MARSEC Level 2 or
Maritime Security Level 2 means, as defined in 33 CFR 101.105, the
level for which appropriate additional protective security measures
shall be maintained for a period of time as a result of heightened risk
of a transportation security incident.
(c) Regulations. (1) Under 33 CFR 165.33, entry into the security
zones described in this section is prohibited unless authorized by the
Coast Guard Captain of the Port, Honolulu or his or her designated
representatives.
(2) Persons desiring to transit the areas of the security zones may
contact the Captain of the Port at Command Center telephone number
(808) 842-2600 or on VHF channel 16 (156.8 Mhz) to seek permission to
transit the area. Written requests may be submitted to the Captain of
Port, U.S. Coast Guard Sector Honolulu, Sand Island Access Road,
Honolulu, Hawaii 96819, or faxed to (808) 842-2622. If permission is
granted, all persons and vessels must comply with the instructions of
the Captain of the Port or his or her designated representatives. For
all seaplane traffic entering or transiting the security zones, a
seaplane's compliance with all Federal Aviation Administration
regulations regarding flight-plan approval is deemed adequate
permission to transit the waterway security zones described in this
section.
(d) Enforcement and suspension of enforcement of certain security
zones. (1) The security zones in paragraphs (a)(3) (Kalihi Channel and
Keehi Lagoon, Oahu), (a)(4)(ii) (Honolulu International Airport, South
Section), and (a)(6) (Barbers Point Harbor, Oahu)
[[Page 33052]]
of this section will be enforced only upon the occurrence of one of the
following events--
(i) Whenever the Maritime Security (MARSEC) level, as defined in 33
CFR part 101, is raised to 2 or higher; or
(ii) Whenever the Captain of the Port, after considering all
available facts, determines that there is a heightened risk of a
transportation security incident or other serious maritime incident,
including but not limited to any incident that may cause a significant
loss of life, environmental damage, transportation system disruption,
or economic disruption in a particular area.
(2) A notice will be published in the Federal Register reporting
when events in paragraph (d)(1)(i) or (d)(1)(ii) of this section have
occurred.
(3) The Captain of the Port of Honolulu will cause notice of the
enforcement of the security zones listed in paragraph (d)(1) of this
section and notice of suspension of enforcement to be made by
appropriate means to affect the widest publicity, including the use of
broadcast notice to mariners and publication in the local notice to
mariners.
(e) Informational notices. The Captain of the Port will cause
notice of the presence of security zones created by paragraph (a)(2) of
this section, Honolulu Harbor Anchorages B, C, and D, to be made by
appropriate means to affect the widest publicity, including the use of
broadcast notice to mariners and publication in the local notice to
mariners.
(f) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other Captain of the Port representative permitted by
law, may enforce the rules in this section.
(g) Waiver. The Captain of the Port, Honolulu may waive any of the
requirements of this section for any vessel or class of vessels upon
his or her determination that application of this section is
unnecessary or impractical for the purpose of port and 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.
3. Add Sec. 165.1408 to read as follows:
Sec. 165.1408 Security Zones; Maui, HI.
(a) Location. The following areas, from the surface of the water to
the ocean floor, are security zones that are activated and enforced
subject to the provisions in paragraph (c) of this section:
(1) Kahului Harbor, Maui. All waters extending 100 yards in all
directions from each large cruise ship in Kahului Harbor, Maui, HI or
within 3 nautical miles seaward of the Kahului Harbor COLREGS
DEMARCATION (See 33 CFR 80.1460). This is a moving security zone when
the LCS is in transit and becomes a fixed zone when the LCS is
anchored, position-keeping, or moored.
(2) Lahaina, Maui. All waters extending 100 yards in all directions
from each large cruise ship in Lahaina, Maui, whenever the LCS is
within 3 nautical miles of Lahaina Light (LLNR 28460). The security
zone around each LCS is activated and enforced whether the cruise ship
is underway, moored, position-keeping, or anchored, and will continue
in effect until such time as the LCS departs Lahaina and the 3-mile
enforcement area.
(b) Definitions. As used in this section, Large cruise ship or LCS
means a passenger vessel over 300 feet in length that carries
passengers for hire.
(c) Regulations. (1) Under 33 CFR 165.33, entry into the security
zones created by this section is prohibited unless authorized by the
Coast Guard Captain of the Port, Honolulu or his or her designated
representatives. When authorized passage through an LCS security zone,
all vessels must operate at the minimum speed necessary to maintain a
safe course and must proceed as directed by the Captain of the Port or
his or her designated representatives. No person is allowed within 100
yards of a large cruise ship that is underway, moored, position-
keeping, or at anchor, unless authorized by the Captain of the Port or
his or her designated representatives.
(2) When conditions permit, the Captain of the Port, or his or her
designated representatives, may permit vessels that are at anchor,
restricted in their ability to maneuver, or constrained by draft to
remain within an LCS security zone in order to ensure navigational
safety.
(3) Persons desiring to transit the areas of the security zones in
this section may contact the Captain of the Port at Command Center
telephone number (808) 842-2600 or on VHF channel 16 (156.8 Mhz) to
seek permission to transit the area. Written requests may be submitted
to the Captain of Port, U.S. Coast Guard Sector Honolulu, Sand Island
Access Road, Honolulu, Hawaii 96819, or faxed to (808) 842-2622. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representatives. For all seaplane traffic entering or transiting the
security zones, compliance with all Federal Aviation Administration
regulations regarding flight-plan approval is deemed adequate
permission to transit the waterway security zones described in this
section.
(d) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other Captain of the Port representative permitted by
law, may enforce the rules in this section.
(e) Waiver. The Captain of the Port, Honolulu may waive any of the
requirements of this section for any vessel or class of vessels upon
his or her determination that application of this section is
unnecessary or impractical for the purpose of port and maritime
security.
(f) 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.
4. Add Sec. 165.1409 to read as follows:
Sec. 165.1409 Security Zones; Hawaii, HI.
(a) Location. The following areas, from the surface of the water to
the ocean floor, are security zones that are activated and enforced
subject to the provisions in paragraph (c) of this section:
(1) Hilo Harbor, Hawaii. All waters extending 100 yards in all
directions from each large cruise ship in Hilo Harbor, Hawaii, HI or
within 3 nautical miles seaward of the Hilo Harbor COLREGS DEMARCATION
(See 33 CFR 80.1480). This is a moving security zone when the LCS is in
transit and becomes a fixed zone when the LCS is anchored, position-
keeping, or moored.
(2) Kailua-Kona, Hawaii. All waters extending 100 yards in all
directions from each large cruise ship in Kailua-Kona, Hawaii, whenever
the LCS is within 3 nautical miles of Kukailimoku Point. The 100-yard
security zone around each LCS is activated and enforced whether the LCS
is underway, moored, position-keeping, or anchored and will continue in
effect until such time as the LCS departs Kailua-Kona and the 3-mile
enforcement area.
(b) Definitions. As used in this section, Large cruise ship or LCS
means a passenger vessel over 300 feet in length that carries
passengers for hire.
(c) Regulations. (1) Under 33 CFR 165.33, entry into the security
zones created by this section is prohibited unless authorized by the
Coast Guard Captain of the Port, Honolulu or his or her designated
representatives. When authorized passage through an LCS security zone,
all vessels must operate at the minimum speed necessary to maintain a
safe course and must proceed as directed by the Captain of the Port or
his or her designated representatives. No person is allowed
[[Page 33053]]
within 100 yards of a large cruise ship that is underway, moored,
position-keeping, or at anchor, unless authorized by the Captain of the
Port or his or her designated representatives.
(2) When conditions permit, the Captain of the Port, or his or her
designated representatives, may permit vessels that are at anchor,
restricted in their ability to maneuver, or constrained by draft to
remain within an LCS security zone in order to ensure navigational
safety.
(3) Persons desiring to transit the areas of the security zones in
this section may contact the Captain of the Port at Command Center
telephone number (808) 842-2600 or on VHF channel 16 (156.8 Mhz) to
seek permission to transit the area. Written requests may be submitted
to the Captain of Port, U.S. Coast Guard Sector Honolulu, Sand Island
Access Road, Honolulu, Hawaii 96819, or faxed to (808) 842-2622. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representatives. For all seaplane traffic entering or transiting the
security zones, compliance with all Federal Aviation Administration
regulations regarding flight-plan approval is deemed adequate
permission to transit the waterway security zones described in this
section.
(d) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other Captain of the Port representative permitted by
law, may enforce the rules in this section.
(e) Waiver. The Captain of the Port, Honolulu may waive any of the
requirements of this section for any vessel or class of vessels upon
his or her determination that application of this section is
unnecessary or impractical for the purpose of port and maritime
security.
(f) 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.
5. Add Sec. 165.1410 to read as follows:
Sec. 165.1410 Security Zones; Kauai, HI.
(a) Location. The following areas, from the surface of the water to
the ocean floor, are security zones that are activated and enforced
subject to the provisions in paragraph (c) of this section:
(1) Nawiliwili Harbor, Lihue, Kauai. All waters extending 100 yards
in all directions from each large cruise ship in Nawiliwili Harbor,
Kauai, HI or within 3 nautical miles seaward of the Nawiliwili Harbor
COLREGS DEMARCATION (See 33 CFR 80.1450). This is a moving security
zone when the LCS is in transit and becomes a fixed zone when the LCS
is anchored, position-keeping, or moored.
(2) Port Allen, Kauai. All waters extending 100 yards in all
directions from each large cruise ship in Port Allen, Kauai, HI or
within 3 nautical miles seaward of the Port Allen COLREGS DEMARCATION
(See 33 CFR 80.1440). This is a moving security zone when the LCS is in
transit and becomes a fixed zone when the LCS is anchored, position-
keeping, or moored.
(b) Definitions. As used in this section, Large cruise ship or LCS
means a passenger vessel over 300 feet in length that carries
passengers for hire.
(c) Regulations. (1) Under 33 CFR 165.33, entry into the security
zones created by this section is prohibited unless authorized by the
Coast Guard Captain of the Port, Honolulu or his or her designated
representatives. When authorized passage through an LCS security zone,
all vessels must operate at the minimum speed necessary to maintain a
safe course and must proceed as directed by the Captain of the Port or
his or her designated representatives. No person is allowed within 100
yards of a large cruise ship that is underway, moored, position-
keeping, or at anchor, unless authorized by the Captain of the Port or
his or her designated representatives.
(2) When conditions permit, the Captain of the Port, or his or her
designated representatives, may permit vessels that are at anchor,
restricted in their ability to maneuver, or constrained by draft to
remain within an LCS security zone in order to ensure navigational
safety.
(3) Persons desiring to transit the areas of the security zones may
contact the Captain of the Port at Command Center telephone number
(808) 842-2600 or on VHF channel 16 (156.8 Mhz) to seek permission to
transit the area. Written requests may be submitted to the Captain of
Port, U.S. Coast Guard Sector Honolulu, Sand Island Access Road,
Honolulu, Hawaii 96819, or faxed to (808) 842-2622. If permission is
granted, all persons and vessels must comply with the instructions of
the Captain of the Port or his or her designated representatives. For
all seaplane traffic entering or transiting the security zones,
compliance with all Federal Aviation Administration regulations
regarding flight-plan approval is deemed adequate permission to transit
the waterway security zones described in this section.
(d) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other Captain of the Port representative permitted by
law, may enforce the rules in this section.
(e) Waiver. The Captain of the Port, Honolulu may waive any of the
requirements of this section for any vessel or class of vessels upon
his or her determination that application of this section is
unnecessary or impractical for the purpose of port and maritime
security.
(f) 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: May 23, 2005.
C.D. Wurster,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard
District.
[FR Doc. 05-11168 Filed 6-6-05; 8:45 am]
BILLING CODE 4910-15-P