[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Rules and Regulations]
[Pages 4656-4658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2356]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100 and 165

[COTP Honolulu 01-008]
RIN 2115-AA97 and 2115-AA98


Security Zones; Oahu, Maui, HI, 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. When the zones are activated, entry into these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port 
Honolulu, HI. This rule also terminates a previous rule published 
October 17, 2001 creating security zones in these areas until March 22, 
2002.

DATES: This rule is effective from 6 a.m. HST October 19, 2001, to 4 
p.m. HST April 19, 2002. 33 CFR 165.T14-058 published October 17, 2001 
(66 FR 52693), is terminated.

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 M. A. Willis, Coast Guard Marine 
Safety Office Honolulu, Hawaii at (808) 522-8260.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Recent terrorist incidents in New York and Washington, DC have 
called for the implementation of additional measures to protect the 
national

[[Page 4657]]

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. As authorized by 5 
U.S.C. 553, we did not publish a notice of proposed rulemaking (NPRM) 
for this regulation and there is good cause for us to make the rule 
effective in less than 30 days after publication in the Federal 
Register. Publishing an NPRM and delaying this rule from becoming 
effective would be contrary to the public interest since immediate 
action is needed to protect persons, vessels, and facilities in various 
areas on the islands of Oahu, Maui, Hawaii, and Kauai, HI. 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 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. Periodically, by Broadcast Notice to 
Mariners, the Coast Guard will announce the existence or status of the 
temporary security zones in this rule.

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 temporary 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 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 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 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 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

33 CFR Part 110

    Anchorage grounds.

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 parts 110 and 165 as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g).


[[Page 4658]]



    2. From 6 a.m. October 19, 2001, until 4 p.m. April 19, 2002, in 
Sec. 110.235, add a new paragraph (c) to read as follows:


Sec. 110.235  Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii 
(Datus: NAD 83)

* * * * *
    (c) Before entering in the anchorage grounds in this section, you 
must first obtain permission from the Captain of the Port Honolulu.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    3. 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.


Sec. 165.T14-058  [Removed]

    4. Remove Sec. 165.T14-058.


    5. From 6 a.m. October 19, 2001, until 4 p.m. April 19, 2002, a new 
Sec. 165.T14-061 is temporarily added to read as follows:


Sec. 165.T14-061  Security Zones: Oahu, Maui, Hawaii, and Kauai, HI.

    (a) Location. The following areas are security zones:
    (1) All waters of Honolulu Harbor and entrance channel, Keehi 
Lagoon, and General Anchorages A, B, C, and D as defined in 33 CFR 
110.235 that are shoreward of the following coordinates: The shoreline 
of a line connecting 21 deg.17.68' N, 157 deg.52.0' W; thence due south 
to 21 deg.16.0' N, 157 deg.52.0' W; thence due west to 21 deg.16.0' N, 
157 deg.55.58' W; thence due north to Honolulu International Airport 
Reef Runway at 21 deg.18.25' N, 157 deg.55.58' W.
    (2) The waters around the Tesoro Single Point Mooring extending 
1,000 yards in all directions from position 21 deg.16.2' N, 
158 deg.05.3' W.
    (3) The Kahului Harbor and Entrance Channel, Maui, HI consisting of 
all waters shoreward of the COLREGS DEMARCATION line. (See 33 CFR 
80.1460).
    (4) All waters within the Nawiliwili Harbor, Kauai, HI shoreward of 
the COLREGS DEMARCATION line (See 33 CFR 80.1450).
    (5) All waters of Port Allen Harbor, Kauai, HI shoreward of the 
COLREGS DEMARCATION line (See 33 CFR 80.1440).
    (6) Hilo Harbor and Entrance Channel, Hawaii, HI consisting of all 
waters shoreward of the COLREGS DEMARCATION line (See 33 CFR 80.1480).
    (7) The waters extending out 500 yards in all directions from 
cruise ship vessels anchored within 3 miles of
    (i) Lahaina Small Boat Harbor, Maui, between Makila Point and 
Puunoa Point.
    (ii) Kailua-Kona Small Boat Harbor, Hawaii, between Keahulolu Point 
and Puapuaa Point.
    (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.
    (1) 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.
    (2) The existence or status of the temporary security zones in this 
section will be announced periodically by Broadcast Notice to Mariners.
    (d) Authority. The authority for this section is 33 U.S.C. 1226; 49 
CFR 1.46.
    (e) Effective dates: This section is effective from 6 a.m. HST 
October 19, 2001, until 4 p.m. HST April 19, 2002.

    Dated: October 19, 2001.
R. D. Utley,
Rear Admiral, Coast Guard Commander, Fourteenth Coast Guard District.
[FR Doc. 02-2356 Filed 1-30-02; 8:45 am]
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