[Federal Register Volume 66, Number 144 (Thursday, July 26, 2001)]
[Rules and Regulations]
[Pages 38933-38935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18678]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Honolulu 01-051]
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: Temporary final rule.

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SUMMARY: The Coast Guard has established a temporary safety zone around 
position 21 deg.-04.8' N, 157 deg.-49.5' W, south of Oahu, Hawaii. This 
zone will extend from the surface of the ocean to the bottom. This zone 
is needed to protect mariners from the hazards associated with 
preparation of the Japanese Fisheries High School Training Vessel EHIME 
MARU for relocation. This vessel sank after being

[[Page 38934]]

struck by the submarine USS GREENEVILLE (SSN 772). Entry into this zone 
is prohibited unless authorized by the Captain of the Port Honolulu, 
HI.

DATES: This rule is effective from 7 a.m. HST July 14, 2001, until 4 
p.m. August 1, 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:

Regulatory Information

    In accordance with 5 U.S.C. 553, a Notice of Proposed Rulemaking 
(NPRM) was not published for this regulation and good cause exists for 
making it effective in less than 30 days after Federal Regulation 
publication. Publishing an NPRM and delaying this action's effective 
date would be contrary to the public interest since immediate action is 
needed to protect the vessels and mariners from the hazards associated 
with preparation of the Japanese Fisheries High School Training Vessel 
EHIME MARU for relocation. Details were not available 30 days prior to 
the event, thus, there was insufficient time to publish a proposed rule 
in advance of the event or to provide a delayed effective date. Under 
these circumstances, following normal rulemaking procedures would be 
impracticable.

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 prepare the EHIME MARU for transportation to shallow water by 
removing all booms, antennas, or other attached equipment that may 
interfere with this evolution. To protect vessels and mariners from the 
hazards associated with preparatory operations, the U.S. Coast Guard 
has established a temporary safety zone, with a radius of 1 nautical 
mile, centered on the vessels present location of 21 deg.-04.8' N, 
157 deg.-49.5' W. This zone extends from the surface of the ocean to 
the bottom. Entry into the safety zone is prohibited unless authorized 
by the Captain of the Port Honolulu, HI. The safety zone 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 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 zone and the short duration.

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 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Indian Tribal Governments

    This 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

[[Page 38935]]

concluded that, under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.1C, this rule 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 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 amends 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 7 a.m., July 14, 2001, to 4 p.m., August 1, 2001, a new 
Sec. 165.T14-051 is temporarily added to read as follows:


Sec. 165.T14-051  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 area is a safety zone: 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.
    (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 permissions to enter the zones via Broadcast Notice to 
Mariners.
    (d) Effective dates. This section is effective from 7 a.m. July 14, 
2001, until 4 p.m., August 1, 2001.

    Dated: July 11, 2001.
G.J. Kanazawa,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 01-18678 Filed 7-25-01; 8:45 am]
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