[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5282]


[[Page Unknown]]

[Federal Register: March 8, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD14-93-003]
RIN 2115-AA98

 

Anchorage Ground; Pacific Ocean (Mamala Bay), Honolulu Harbor, HI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to eliminate the existing anchorage 
ground for nitrate laden vessels off Honolulu Harbor and establish four 
new anchorage grounds. The purpose of the regulation is to provide safe 
anchorage grounds for commercial vessels off Honolulu Harbor.

DATES: Comments must be received on or before May 9, 1994.

ADDRESSES: Comments may be mailed to Commander (oan), Fourteenth Coast 
Guard District, Prince Kalanianaole Federal building, 300 Ala Moana 
Blvd., Honolulu, Hawaii 96850-4982, or may be delivered to room 9139 at 
the above address between 6:30 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays. For information concerning comments the 
telephone number is (808) 541-2315.
    The Fourteenth Coast Guard District Aids to Navigation Branch 
maintains the public docket for this rulemaking. Comments will become 
part of this docket and will be available for inspection or copying at 
room 9139 at the above address.

FOR FURTHER INFORMATION CONTACT:
Lt S.S. Beckerman, (808) 541-2315.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD14-93-003) and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. Each person wanting acknowledgment of receipt of comments 
should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Commander, Aids to Navigation Branch at 
the address under ADDRESSES. If it is determined that the opportunity 
for oral presentations will aid this rulemaking, the Coast Guard will 
hold a public hearing at a time and place announced by a later notice 
in the Federal Register.

Drafting Information

    The principal persons involved in drafting this document are Lt 
S.S. Beckerman, Project Manager, and Cdr B.N. Durham, Project Counsel.

Background and Purpose

    The anchorage for nitrate laden vessels off Honolulu Harbor is a 
hold over from World War II and is no longer needed. It encompasses 
much of the area available for commercial vessels to anchor off 
Honolulu Harbor. Eliminating the no longer needed nitrate laden 
anchorage would free up the area to establish four new anchorages and 
provide for better usage of the area available for anchoring. This 
proposal was initiated at the request of the State of Hawaii. The 
District Engineer, U.S. Army Corps of Engineers, has been contacted and 
has no objection to the issuance of this regulation.

Discussion of Proposed Amendments

    Under existing state regulations, all vessels are prohibited from 
anchoring off Waikiki and to the east of Waikiki. These regulations 
protect the beaches from potential oil spills which could damage the 
local tourist industry. The area west of Waikiki off Honolulu Harbor 
provides the only suitable anchorage area available for commercial 
vessels. With the exception of the nitrate laden vessel anchorage, 
vessels are currently anchoring in the area proposed. This proposal 
would bring the regulations in line with current practice.

Reguatory Evaluation

    This proposal is not considered a significant regulatory action 
under Executive Order 12866 and is not significant under the Department 
of Transportation Regulatory Policies and Procedures (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a Regulatory Evaluation is unnecessary. 
The only effect of this regulation is to formally establish anchorage 
grounds for commercial vessels off Honolulu Harbor in areas where they 
presently anchor. The proposed regulation will not restrict access to 
any fairway or channel, or limit access to any facility or area 
previously accessible to vessels. The primary intent of the proposed 
regulation is to designate anchorages for commercial vessels off 
Honolulu Harbor.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). Because it expects the impact of this proposal to be 
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposal, if adopted, will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal in accordance with the 
principals and criteria contained in Executive Order 12612 and has 
determined that this proposal does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under section 2.B.2.c of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation. A Categorical Exclusion 
Determination is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 110

Anchorage grounds.

Proposed Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:
    1. The authority citation for part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 2030, 2035 and 2071; 49 CFR 1.46 and 
33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a 
is also issued under 33 U.S.C. 1223 and 1231.

    2. Section 110.235 is revised to read as follows:


Sec. 110.235   Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii.

(Datum: NAD 83)

    (a) The anchorage grounds--(1) Anchorage A. The waters bounded by 
the arc of a circle with a radius of 350 yards with the center located 
at:

                                                                        
                                                                        
Latitude                             Longitude                          
                                                                        
21 deg.16'57'' N                     157 deg.53'12'' W                  
                                                                        

    (2) Anchorage B. The waters bounded by a line connecting the 
following coordinates:

                                                                        
                                                                        
Latitude                             Longitude                          
                                                                        
21 deg.17'06'' N                     157 deg.54'40'' W; to              
21 deg.17'22'' N                     157 deg.54'40'' W; to              
21 deg.17'22'' N                     157 deg.54'19'' W; to              
21 deg.17'06'' N                     157 deg.54'19'' W; thence back to  
21 deg.17'06'' N                     157 deg.54'40'' W                  
                                                                        

    (3) Anchorage C. The waters bounded by the arc of a circle with a 
radius of 450 yards with the center located at:

                                                                        
                                                                        
Latitude                             Longitude                          
                                                                        
21 deg.17'09'' N                     157 deg.54'55'' W                  
                                                                        

    (4) Anchorage D. The waters bounded by the arc of a circle with a 
radius of 450 yards with the center located at:

                                                                        
                                                                        
Latitude                             Longitude                          
                                                                        
21 deg.17'21'' N                     157 deg.55'20'' W                  
                                                                        

    (b) The regulations. (1) Anchors must be placed inside the 
anchorage areas.
    (2) The anchorages are general anchorages for commercial vessels.
    (3) No bunkering operations or vessel to vessel transfer of oil in 
bulk of any kind is permitted within Anchorage A. Anchorage A should be 
used only if Anchorages B, C, and D are full.
    (4) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from complying with the rules 
of navigation and with safe navigation practice.

    Dated: February 22, 1994.
H.B. Gehring,
Commander, 14th CG District.
[FR Doc. 94-5282 Filed 3-7-94; 8:45 am]
BILLING CODE 4910-14-M