[Federal Register Volume 66, Number 125 (Thursday, June 28, 2001)]
[Proposed Rules]
[Pages 34380-34382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16205]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Honolulu 01-047]
RIN 2115-AA97


Safety Zone; Japanese Fisheries High School Training Vessel EHIME 
MARU Relocation and Crew Member Recovery, Pacific Ocean, South Shores 
of the Island of Oahu, HI

AGENCY: U.S. Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish four temporary safety 
zones south of Oahu, Hawaii to protect vessels and mariners from the 
hazards associated with vessel relocation and crew member recovery 
operations of the Japanese Fisheries High School Training Vessel EHIME 
MARU, which sank after being struck by the submarine USS GREENEVILLE 
(SSN 772). Entry into these zones will be prohibited unless authorized 
by the Captain of the Port Honolulu, HI.

DATES: Comments and related material must reach the Coast Guard on or 
before July 30, 2001.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Marine Safety Office Honolulu, 433 Ala Moana Boulevard, Honolulu, 
HI, 96813, who 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 Coast Guard Marine Safety Office Honolulu between 7 a.m. and 
3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Mark Willis, 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 [COTP 
Honolulu 01-047], 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 comments 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. We are providing a 30-day comment period 
on this proposal so that we can seek public input on the proposed 
safety zones and still publish the final rule before the start of the 
vessel relocation and crew member recovery operation. We anticipate the 
rule will be effective less than 30 days after its publication in the 
Federal Register.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to U.S. Coast Guard Marine Safety 
Office Honolulu, HI, 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 later 
notice in the Federal Register.

Background and Purpose

    On February 9, 2001, the Japanese Fisheries High School Training 
Vessel EHIME MARU was struck by the submarine USS GREENEVILLE (SSN 772) 
approximately 9 nautical miles south of Diamond Head on the island of 
Oahu, Hawaii. The EHIME MARU sank in approximately 2,000 feet of water. 
At the time of the sinking, 26 of the 35 crewmembers were successfully 
rescued. An extensive search failed to locate additional personnel and 
it is assumed that some, or all, of the nine missing crewmembers were 
trapped inside the vessel. The EHIME MARU is resting upright on the 
seafloor at position 21 deg.-04.8'N, 157 deg.-49.5'W. The U.S. Navy 
plans to recover crewmembers, personal effects, and certain unique 
characteristic components from the EHIME MARU. In its present location, 
the vessel is beyond diver capability to safely conduct recovery 
operations. Therefore, the current recovery plan calls for use of a 
specially equipped offshore construction vessel to lift the EHIME MARU 
from the bottom and transport the vessel to a shallow water work site. 
The EHIME MARU would then be placed back on the seafloor, in 
approximately 115 feet of water, where Navy divers would enter the hull 
and attempt to recover crewmembers, personal effects, and uniquely 
characteristic components found inside. To limit the impact on the 
marine environment, diesel fuel, lubricating oil, loose debris, and any 
other hazardous materials will be removed to the maximum extent 
practicable at the shallow water work site. The hull will then be 
lifted back off the ocean floor and moved to a deep water relocation 
site approximately 13 nautical miles south of Barbers Point on the 
island of Oahu, Hawaii. To support the vessel relocation and crew 
member recovery operation, the Coast Guard proposes to establish safety 
zones as follows:
    1. A fixed safety zone, with a radius of 1 nautical mile, centered 
at 21 deg.-04.8'N, 157 deg.-49.5'W; the present location of the EHIME 
MARU.
    2. A moving safety zone, with a radius of 1 nautical mile, will be 
in effect during the transit of the EHIME MARU and associated recovery 
vessels from the present location of the EHIME MARU to the shallow 
water work site, located within the Naval Defensive Sea Area at 
approximate position 21 deg.-17.5'N, 157 deg. -56.4'W.
    3. A moving safety zone, with a radius of 1 nautical mile, will be 
in effect during transit of the EHIME MARU and associated recovery 
vessels from the shallow water work site to the deep water relocation 
site at approximate position 21 deg.-05.0'N, 157 deg.-07.0'W.
    4. A fixed safety zone, with a radius of 1 nautical mile, centered 
at the coordinates of the deep water relocation site, will be in effect 
until the EHIME MARU is placed back on the ocean floor. The portion of 
the safety zone extending beyond the territorial boundary is advisory 
only.
    The safety zones would be enforced sequentially, the exact dates 
will be dependent on the phase of the operation. The safety zones would 
become effective at the beginning of August, 2001, and would remain in 
effect until the operation, which will take about 3\1/2\ months, ends 
in mid-November. The purpose of these safety zones is to protect 
vessels and mariners from hazards associated with vessel relocation and 
crew member recovery operations of the Japanese Fisheries High School 
Training Vessel EHIME MARU. Since oil spills may result due to damaged 
and ruptured fuel tanks, the safety zone would also protect vessels and 
mariners from the hazards of any pollution response operations that may 
be necessary. Entry into these safety zones will be prohibited unless

[[Page 34381]]

authorized by the Captain of the Port Honolulu, HI. The safety zones 
will be enforced by representatives of the Captain of the Port 
Honolulu. The Captain of the Port may be assisted by other federal 
agencies.

Regulatory Evaluation

    This proposed 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. 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 U.S. Coast Guard expects the economic impact of 
this action to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. This expectation is based on the short 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 
considered whether this 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 U.S. Coast Guard certifies under 5 U.S.C. 605(b) that this 
regulation will 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 and the short duration of the safety 
zones in any one area. 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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    The U.S. Coast Guard has analyzed this rule under Executive Order 
13132, and has determined this proposed rule does not have implications 
for federalism under that Order.

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 an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

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 power and 
responsibilities between the Federal Government and Indian tribes.

Taking of Private Property

    This rule will not effect 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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The U.S. Coast Guard considered the environmental impact of this 
action and concluded that, under figure 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.1C, this rule is categorically excluded 
from further environmental documentation.

List of Subjects in 33 CFR Part 165

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

Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--[AMENDED]

    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, 160.5; 49 CFR 1.46.

    2. From August 1, 2001, to November 15, 2001, new Sec. 165.T14-047 
is temporarily added to read as follows:


Sec. 165.T14-047  Safety zone: Japanese fisheries high school training 
vessel EHIME MARU relocation and crew member recovery, Pacific Ocean, 
south shores of the Island of Oahu, Hawaii.

    (a) Location. The following areas are safety zones. All coordinates 
reference 1983 North American Datum (NAD83).
    (1) At the current location of the Japanese Fisheries High School 
Training Vessel EHIME MARU, all waters from the surface of the ocean to 
the bottom within a 1 nautical mile radius centered at 21 deg.-04.8'N, 
157 deg.-49.5'W.
    (2) All waters from the surface of the ocean to the bottom within a 
1 nautical mile radius of the recovery vessels while enroute between 
the current location at 21 deg.-04.8'N, 157 deg.-49.5'W, to the shallow 
water recovery site at 21 deg.-17.5'N, 157 deg.-56.4'W.
    (3) All waters from the surface of the ocean to the bottom within a 
1 nautical mile radius of the recovery vessels while enroute between 
the shallow water work site at 21 deg.-17.5'N, 157 deg.-56.4'W, to the 
deep water relocation site at 21 deg.-05.0'N, 157 deg.-07.0'W.
    (4) All waters from the surface of the ocean to the bottom within a 
1 nautical mile radius centered at 21 deg.-05.0'N, 157 deg.-07.0'W, 
except those waters extending beyond the territorial seas.
    (b) Designated representative. A designated representative of the 
U.S. Coast Guard Captain of the Port is any U.S. Coast Guard 
commissioned, warrant, or petty officer that has been authorized by the 
U.S. Coast Guard Captain of the Port, Honolulu, to act on his behalf. 
The following officers have or will be designated by the Captain of the 
Port Honolulu: The senior U.S. Coast Guard boarding officer on each 
vessel enforcing the safety zone.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into these zones is prohibited unless 
authorized by the U.S. Coast Guard Captain of the Port or his 
designated representatives. The Captain of the Port Honolulu will grant 
general

[[Page 34382]]

permissions to enter the zones via Broadcast Notice to Mariners.
    (d) Effective dates. This section is effective from the beginning 
of August 2001 [date to be inserted in final rule] until the operation 
ends in mid-November 2001 [date to be inserted in final rule]. The 
public will be notified of the exact dates for enforcement of the 
various zones by Broadcast Notice to Mariners.

    Dated: June 19, 2001.
G.J. Kanazawa,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 01-16205 Filed 6-27-01; 8:45 am]
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