[Federal Register Volume 66, Number 154 (Thursday, August 9, 2001)]
[Rules and Regulations]
[Pages 41787-41789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20038]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Honolulu 01-054]
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: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard has established four temporary safety zones 
south of Oahu, Hawaii, to protect vessels and mariners from the hazards 
associated with vessel relocation and crewmember 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 is prohibited unless authorized by the Captain 
of the Port Honolulu, HI.

DATES: This rule is effective from 4 p.m. HST August 1, 2001 until 4 
p.m. November 15, 2001.

ADDRESSES: Public comments and supporting material is available for 
inspection or copying at U.S. Coast Guard Marine Safety Office 
Honolulu, 433 Ala Moana Boulevard, Honolulu, HI, 96813, 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 History

    On June 28, 2001, the Coast Guard published a notice of proposed 
rulemaking in the Federal Register (66 FR 34380), proposing to 
establish temporary safety zones for the recovery and relocation 
operation for the Japanese Fisheries High School Training Vessel EHIME 
MARU. We received no

[[Page 41788]]

comments on the proposal. Under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exist for making this rule effective less than 30 
days after publication in the Federal Register. Due to the 
unprecedented and urgent nature of the Navy's relocation and recovery 
operation, the effective dates for this zone were not known in 
sufficient time to make this rule effective 30 days after publication 
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 will then be placed back on the seafloor, in 
approximately 115 feet of water, where Navy divers will enter the hull 
and attempt to recover crewmembers, personal effects, and uniquely 
characteristic components found inside. To limit 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 crewmember recovery operation, the 
Coast Guard will 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 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 will be enforced sequentially, the exact dates 
will be dependent on the phase of the operation. These safety zones are 
effective August 1, 2001, and will remain in effect until the operation 
ends November 15, 2001. The purpose of these safety zones is to protect 
vessels and mariners from hazards associated with vessel relocation and 
crewmember 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 zones will also protect vessels and 
mariners from the hazards of any pollution response operations that may 
be necessary. Entry into these safety zones is prohibited unless 
authorized by the Captain of the Port Honolulu, HI. Representatives of 
the Captain of the Port Honolulu will enforce the safety zones. The 
Captain of the Port may be assisted by other federal agencies.

Regulatory Evaluation

    This temporary 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 temporary 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 rule 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.

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

[[Page 41789]]

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 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 August 1, 2001, to November 15, 2001, new Sec. 165.T14-054 
is temporarily added to read as follows:


Sec. 165.T14-054  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:
    (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 en route 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 en route 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. n 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 4 p.m. August 
1, 2001, until the operation ends at 4 p.m. November 15, 2001. The 
public will be notified of the enforcement status of the various zones 
by Broadcast Notice to Mariners.

    Dated: July 31, 2001.
G. J. Kanazawa,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 01-20038 Filed 8-8-01; 8:45 am]
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