[Federal Register Volume 66, Number 201 (Wednesday, October 17, 2001)]
[Rules and Regulations]
[Pages 52693-52694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26154]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Honolulu 01-006]
RIN 2115-AA97


Security Zone; Various Areas on the Islands of Oahu, Maui, 
Hawaii, and Kauai, HI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing security zones in designated 
waters adjacent to the islands of Oahu, Maui, Hawaii, and Kauai, HI for 
a period of six-months. These security zones are necessary to protect 
personnel, vessels, and facilities from acts of sabotage or other 
subversive acts, accidents, or other causes of a similar nature during 
operations and will extend from the surface of the water to the ocean 
floor. The activation and deactivation of these six-month security 
zones will be announced by Broadcast Notice to Mariners as required. 
When the zones are activated, entry into these zones is prohibited 
unless authorized by the U. S. Coast Guard Captain of the Port 
Honolulu, HI.

EFFECTIVE DATES: This rule is effective from 6 a.m. HST September 22, 
2001, to 4 p.m. HST March 22, 2002.

ADDRESSES: The docket for this rulemaking is maintained by the 
Commanding Officer, U.S. Coast Guard Marine Safety Office Honolulu, 433 
Ala Moana Blvd., Honolulu, Hawaii 96813. Docket material is available 
for inspection or copying at this location between 7 a.m. and 4:30 p.m. 
on weekdays, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR R. T. Spaulding, U. S. Coast 
Guard Marine Safety Office Honolulu, Hawaii at (808) 522-8264.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Recent terrorist incidents in New York and Washington, D.C. have 
called for the implementation of additional measures to protect the 
national security. These temporary rules are intended to provide for 
the safety and security of the public, maritime commerce, and 
transportation, by creating security zones in designated harbors, 
anchorages, facilities, and adjacent navigable waters of the United 
States. 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 
Register 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 various areas on the islands of Oahu, Maui, 
Hawaii, and Kauai, HI, any vessel moored there, and all involved 
personnel. 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

    The Coast Guard is establishing designated security zones in the 
waters adjacent to the islands of Oahu, Maui, Hawaii, and Kauai, HI for 
a period of six-months. These security zones are necessary to protect 
personnel, vessels, and facilities from acts of sabotage or other 
subversive acts, accidents, or other causes of a similar nature during 
operations. These security zones extend from the surface of the water 
to the ocean floor. Entry into these zones is prohibited unless 
authorized by the U. S. Coast Guard Captain of the Port Honolulu, HI. 
Representatives of the Captain of the Port Honolulu will enforce these 
security zones. The Captain of the Port may be assisted by other 
federal or state agencies.

Regulatory Evaluation

    This temporary final 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 of the security 
zone in any one area.

Assistance for Small Entities

    Because we did not anticipate any small business impacts, we did 
not offer

[[Page 52694]]

assistance to small entities in understanding the rule.

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 et seq.).

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) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

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 affect 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 M16475.1D, this rule is categorically excluded 
from further environmental documentation. As an emergency action, the 
environmental analysis requisite regulatory consultations, and 
categorical exclusion determination, will be prepared and submitted 
after establishment of this temporary security zone, and will be 
available for inspection or copying where indicated under addresses.

List of Subjects in 33 CFR Part 165

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

Regulation

    For the reasons set out in the preamble, the Coast Guard amends 
part 165 of Title 33, Code of Federal Regulations, 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, and 160.5; 49 CFR 1.46.


    2. From 6 a.m. September 22, 2001, until 4 p.m. March 22, 2002, a 
new Sec. 165.T14-058 is added to read as follows:


Sec. 165.T14-058  Security Zones: Various areas near the islands of 
Oahu, Maui, Hawaii, and Kauai, HI.

    (a) Location. The following areas are security zones:
    (1) All waters of Honolulu Harbor and entrance channel that are 
shoreward of the Sea Buoy in position 21 deg.-17.42' N/157 deg.-52.49' 
W.
    (2) The waters around the Tesoro Single Point Mooring extending 
1,000 yards in all directions from position 21 deg.-16.4' N/158 deg.-
05.5' W.
    (3) The Honolulu International Airport Reef Runway and adjacent 
waters bounded by a line connecting the following coordinates: Honolulu 
Harbor entrance light at 21 deg.-17.42' N/157 deg.-52.06' W, thence in 
a northwesterly direction to the reef runway at 21 deg.-18.25' N/
157 deg.-55.5' W, thence in a southerly direction to 21 deg.-16.9' N/
157 deg.-55.5' W, thence in an easterly direction to the point of 
origin.
    (4) The waters extending out 500 feet in all directions from cruise 
ship vessels anchored off Lahaina Small Boat Harbor, Maui.
    (5) The Kahului Maui Harbor and Entrance Channel consisting of all 
waters shoreward of a line drawn between breakwater lights number 3 and 
number 4.
    (6) The waters extending out 500 feet in all directions from cruise 
ship vessels anchored off Kailua-Kona Small Boat Harbor, Hawaii.
    (7) All waters within the Nawiliwili Kauai Harbor shoreward of a 
line drawn between the breakwater light and Kukil Point.
    (8) All waters consisting of Port Allen Kauai Harbor and the 
entrance channel that are shoreward of Lighted Buoy 1.
    (9) Hilo Harbor and Entrance Channel consisting of all waters 
shoreward of a line drawn between breakwater light and Alealea Pt.
    (b) Designated representative. A designated representative of the 
Captain of the Port is any Coast Guard commissioned officer, warrant or 
petty officer that has been authorized by the 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 Coast Guard 
boarding officer on each vessel enforcing the security zone.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into these zones is prohibited unless 
authorized by the Captain of the Port or his designated 
representatives.
    (d) Effective dates. This section is effective from 6 a.m. HST 
September 22, 2001, until 4 p.m. HST March 22, 2002.

    Dated: September 20, 2001.
G.J. Kanazawa,
Captain, U. S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 01-26154 Filed 10-16-01; 8:45 am]
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