[Federal Register: March 10, 2008 (Volume 73, Number 47)]
[Rules and Regulations]
[Page 12637-12639]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr08-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0083]
RIN 1625-AA00
Safety Zone; Molokini Crater, Maui, HI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone around
Molokini Crater, in waters south of the island of Maui, HI. This zone
is necessary to protect rescue and security assets, air crews, and the
general public from hazards associated with an explosive ordnance
disposal (EOD) process scheduled to take place on Molokini Crater.
Entry of persons or vessels into this safety zone would be prohibited
unless authorized by the Captain of the Port (COTP) Honolulu.
DATES: This rule is effective from March 1, 2008, through March 31,
2008. The Coast Guard will accept comments on this rule through March
31, 2008.
ADDRESSES: You may submit comments and related material, identified by
Coast Guard docket number USCG-2008-0083, by any of the four methods
listed below. To avoid duplication, please use only one of the
following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
Documents indicated in this preamble as being available in the
docket are part of docket USCG-2008-0083 and are available
for inspection and copying at U.S. 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) Jasmin
Parker, U.S. Coast Guard Sector Honolulu at (808) 842-2600.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On January 28, 2008, we published a temporary final rule entitled
Safety Zone; Molokini Crater, Maui, HI in the Federal Register (73 FR
4695), docket number USCG-2007-0128. We intended that safety zone to
safeguard the same EOD that this rule addresses. Adverse weather
prevented the EOD from occurring within the effective period of that
first safety zone, so this rule is now necessary. We received no
comments on the first safety zone. No public meeting was requested, and
none was held.
We did not publish a notice of proposed rulemaking (NPRM) for this
temporary rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that
good cause exists for not publishing an NPRM. It would be contrary to
the public interest to delay implementing this temporary rule, as any
delay might result in damage or injury to the public, vessels, and
facilities in the area of Molokini Crater. For the same reasons, under
5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for
making this temporary rule effective less than 30 days after
publication in the Federal Register.
Although the Coast Guard has good cause to issue this temporary
rule without first publishing a proposed rule, you are invited to
submit post-promulgation comments and related material regarding this
rule through March 31, 2008. All comments will be reviewed as they are
received. Your comments will assist us in drafting future rules should
they be necessary, and may cause us to change this temporary final rule
before it expires.
All comments received will be posted, without change, to http://
www.regulations.gov and will include any personal information you have
provided. We have an agreement with the Department of Transportation
(DOT) for their Docket Management Facility to process online
submissions to Coast Guard dockets. You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
Background and Purpose
During a site survey on Molokini Crater, surveyors discovered three
pieces of unexploded ordnance requiring disposal. The Coast Guard, in
consultation with the U.S. Fish and Wildlife Service, the State of
Hawaii, the City and County of Maui, the U.S. Navy, and the Federal
Aviation Administration, has determined it is necessary to close the
area in the vicinity of Molokini Crater in order to minimize the
dangers that fragmentation, explosive arcs, and possible fires may
present to persons and vessels. Should such an incident occur, or in
the event that EOD personnel would require emergency assistance,
rescuers must have immediate and unencumbered access to the area. Also,
vessels operating in the area might otherwise distract EOD and rescue
personnel. The Coast Guard, through this action, intends to promote the
safety of personnel, vessels, and facilities in the area of Molokini
Crater.
Discussion of Rule
This temporary safety zone encompasses all waters up to and within
one nautical mile of the shoreline of Molokini Crater, from the surface
of the water to the ocean floor. It is effective from March 1, through
March 31, 2008, but will be enforced for periods of 10 hours or less on
the effective dates. Unpredictable weather and sea states make a broad
date and time range necessary to safely complete
[[Page 12638]]
the EOD. Enforcement periods will be announced over marine band VHF
channel 16 prior to enforcement to ensure ample public notification. In
accordance with the general regulations in 33 CFR part 165, subpart C,
no person or vessel is permitted to enter or remain in the zone except
for support vessels/aircraft and support personnel, or other vessels
authorized by the Captain of the Port or his designated
representatives. Vessels, aircraft, or persons in violation of this
proposed rule would be 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 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. The Coast Guard expects the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
is unnecessary. This expectation is based on the limited duration of
the zone and the limited geographic area affected by it.
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 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 impact to small entities
due to the narrowly tailored scope of this security zone.
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
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) Jasmin
Parker, 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 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 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 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.
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.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, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the
[[Page 12639]]
Instruction, from further environmental documentation because it is a
safety zone. A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T14-168 to read as follows:
Sec. 165.T14-168 Safety Zone; Molokini Crater, Maui, HI
(a) Location. The following is a safety zone: All waters within the
following geographic coordinates: 20-38.9N 156-28.5W; thence south to
20-36.7N 156-28.5W; thence east to 20-36.7N 156-31.0W; thence north to
20-38.9N 156-31.0W; thence west to 20-38.9N 156-28.5W, including all
waters from the surface to the ocean floor.
(b) Effective Dates. This rule is effective from March 1, 2008
through March 31, 2008.
(c) Suspension of Enforcement. The Coast Guard will suspend
enforcement of the safety zone described in this section whenever
explosive ordinance disposal work is not being performed in the
vicinity. Advance notice of enforcement periods and suspension of
enforcement will be announced over marine band VHF channel 16.
(d) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no person or vessel may enter or remain in the
zone except for support vessels/aircraft and support personnel, or
other vessels authorized by the Captain of the Port or his designated
representatives.
(e) Penalties. 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.
Dated: February 15, 2008.
B.A. Compagnoni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. E8-4681 Filed 3-7-08; 8:45 am]
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