[Federal Register Volume 67, Number 41 (Friday, March 1, 2002)]
[Rules and Regulations]
[Pages 9400-9402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4955]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Honolulu 01-005]
RIN 2115-AA97


Security Zone; Chevron Multi-Point Mooring, Barbers Point Coast, 
Honolulu, HI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a security zone in the waters 
adjacent to the Chevron Multi-Point Mooring (CMPM) Barbers Point Coast, 
Honolulu, HI. This security zone is necessary to protect the CMPM, and

[[Page 9401]]

all involved personnel and vessels from acts of sabotage or other 
subversive acts, accidents, or other causes of a similar nature at the 
CMPM off the Barbers Point Coast on the island of Oahu. This six-month 
security zone will be activated and deactivated via Broadcast Notice to 
Mariners as required. When the zone is activated, entry into this zone 
is prohibited unless authorized by the U.S. Coast Guard Captain of the 
Port Honolulu, HI.

DATES: This rule is effective from 6 a.m. HST September 19, 2001 to 4 
p.m. HST March 19, 2002.

ADDRESSES: Public comments and supporting material will be available 
for inspection or copying at U.S. Coast Guard Marine Safety Office 
Honolulu, 433 Ala Moana Blvd, Honolulu, Hawaii 96813, between 7 a.m. 
and 4:30 p.m., Monday through Friday, except for 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

    In order to protect the interests of national security the Coast 
Guard is establishing a temporary security zone to provide for the 
safety and security of vessels, persons, and facilities in the 
navigable waters of the United States. In accordance with 5 U.S.C. 553, 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) and for making this rule effective in less than 30 days after 
publication in the Federal Register.
    Publishing an NPRM and delaying this rule's effective date would be 
impracticable and contrary to the public interest since immediate 
action is needed to protect the Chevron Multi-Point Mooring (CMPM) 
Barbers Point Coast, Honolulu, HI, and all involved personnel and 
vessels. Under these circumstances, there is insufficient time to 
publish a proposed rule or to provide a delayed effective date for the 
rule.

Background and Purpose

    The Coast Guard is establishing a security zone in the waters 
adjacent to the CMPM Mooring Barbers Point Coast, Honolulu, HI. The 
security zone will extend out 1,000 yards in all directions from the 
following coordinates: 21 deg.18.3' North, 158 deg.06.2' West. This 
security zone extends from the surface of the water to the ocean floor.
    This security zone is necessary to protect the CMPM, tank vessels, 
and all involved personnel from acts of sabotage or other subversive 
acts, accidents, or other causes of a similar nature during its cargo 
operations at the CMPM off the Barbers Point Coast on the island of 
Oahu. Representatives of the Captain of the Port Honolulu will enforce 
this security zone. 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.

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 M16475.1C, 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), Reporting and 
recordkeeping

[[Page 9402]]

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--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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 6 a.m. September 19, 2001 until 4 p.m. March 19, 2002, a 
new temporary Sec. 165.T14-057 is added to read as follows:


Sec. 165.T14-057  Security zone: Chevron Multi-Point Mooring, Barbers 
Point Coast, Honolulu, HI.

    (a) Location. The following area is a security zone: All waters 
encompassed by a circle extending 1,000 yards in all directions around 
the Chevron Multi-Point Mooring from the following coordinates: 
21 deg.18.3' North, 158 deg.06.2' West. This security zone extends from 
the surface of the water to the ocean floor.
    (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, when this zone is activated entry into this 
zone 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 19, 2001 until 4 p.m. HST March 19, 2002 unless canceled 
earlier by the Captain of the Port Honolulu. This six-month security 
zone will be activated and deactivated via Broadcast Notice to Mariners 
as required.

    Dated: September 18, 2001.
G. J. Kanazawa,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. 02-4955 Filed 2-28-02; 8:45 am]
BILLING CODE 4910-15-U