[Federal Register Volume 60, Number 166 (Monday, August 28, 1995)]
[Rules and Regulations]
[Pages 44429-44430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21295]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Honolulu 95-002]
RIN 2115-AA97


Safety Zone; Waimanalo Bay, Oahu, HI

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Waimanalo Bay off Bellows Air Force Station, Oahu, Hawaii. The zone is 
needed to ensure the safety of the public as well as U.S. Naval and 
Russian vessels and personnel participating in Exercise Cooperation 
from the Sea 95. The increased vessel usage of Waimanalo Bay caused by 
this military exercise increases the potential risks of collision, 
fire, pollution, harm to the environment, etc., if participating 
military vessels are not separated from private recreational or 
commercial vessels. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port.

DATES: This regulation becomes effective at 8 a.m. HST on August 29, 
1995 and terminates at 4 p.m. HST on August 29, 1995 and again becomes 
effective at 8 a.m. HST on August 30, 1995 and terminates at 4 p.m. HST 
on August 30, 1995.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Michael Sakaio, Port Safety and Security 
Branch, Marine Safety Office, Honolulu, Hawaii, (808) 522-8260.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The situation requiring this regulation is a joint naval exercise 
involving U.S. Naval and Russian personnel and vessels conducting 
amphibious operations off Bellows AFS, Hawaii. This exercise will be 
widely advertised through the local media which may generate public 
interest in observing military maneuvers, especially by the Russians. 
There is some risk of an accident whenever vessels are in close 
proximity to one another. Having spectator or commercial vessels in the 
middle of an amphibious operation increases the risk of destruction, 
loss, or injury to vessels, personnel participating in this exercise, 
spectators, and to the environment. These risks can be minimized if not 
eliminated by keeping military and non-military vessels separate from 
one another during the amphibious exercise. The area of the safety zone 
encompasses the navigable waters bounded by these coordinates: 
21 deg.22.8' N, 157 deg.40.4' W; 21 deg.22.8' N, 157 deg.42.3' W; 
21 deg.20.8' N, 157 deg.42.2' W; 21 deg.20.8' N, 157 deg.40.4' W; 
(Datum: WGS 84).
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this regulation and good cause exists for making 
it effective in less than 30 days after Federal Register publication. 
Publication of a notice of proposed rulemaking and delay of effective 
date would be contrary to the public interest because immediate action 
is necessary to prevent destruction, loss, or injury from accidents or 
other causes of a similar nature.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not be reviewed by the Office of Management and Budget 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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.

Collection of Information

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

Federalism

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

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2 of Commandant Instruction 
M16475.1B, this rule is categorically excluded from further 
environmental documentation.

[[Page 44430]]


List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:
    1. 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, and 160.5; 49 CFR 1.46.

    2. A new temporary 165.T14-002 is added to read as follows:


Sec. 165.T14-002  Safety Zone; Waimanalo Bay, Oahu, Hawaii.

    (a) Location. The following area is a Safety Zone: 21 deg.22.8' N, 
157 deg.40.4' W; 21 deg.22.8' N, 157 deg.42.3' W; 21 deg.20.8' N, 
157 deg.42.2' W; 21 deg.20.8' N, 157 deg.40.4' W; (Datum: WGS 84).
    (b) Effective dates. This section becomes effective at 8 a.m. HST 
on August 29, 1995 and terminates at 4 p.m. HST on August 29, 1995, and 
again becomes effective at 8 a.m. HST on August 30, 1995 and terminates 
at 4 p.m. HST on August 30, 1995.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited except as 
authorized by the Captain of the Port.

    Dated: August 11, 1995.
Samuel E. Burton,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 95-21295 Filed 8-25-95; 8:45 am]
BILLING CODE 4910-14-M