[Federal Register Volume 67, Number 63 (Tuesday, April 2, 2002)]
[Rules and Regulations]
[Pages 15484-15485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7827]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Honolulu 02-002]
RIN 2115-AA97


Security Zone; Chevron Conventional Buoy Mooring, Barbers Point 
Coast, Honolulu, HI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a security zone in the waters 
adjacent to the Chevron Conventional Buoy Mooring (CBM) Barbers Point 
Coast, Honolulu, HI. This security zone is necessary to protect the 
CBM, and all involved personnel and vessels from acts of sabotage or 
other subversive acts, accidents, or other causes of a similar nature 
at the CBM off the Barbers Point Coast on the island of Oahu. Entry 
into this zone is prohibited unless authorized by the U.S. Coast Guard 
Captain of the Port Honolulu, HI.

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

ADDRESSES: Public comment and supporting material is 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 Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR M. A. Willis, 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 the public, maritime commerce in and facilities 
in the 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 the Chevron 
Conventional Buoy Mooring (CBM) Barbers Point, Honolulu, HI, any vessel 
moored there, and all involved personnel. There is insufficient time to 
publish a proposed rule or to provide a delayed effective date for this 
rule. Under these circumstances, following normal rulemaking procedures 
would be impracticable.

Background and Purpose

    The Coast Guard is establishing a security zone in the waters 
adjacent to the CBM Mooring Barbers Point Coast, Honolulu, HI. The 
security zone would extend out 1,000 yards in all directions from each 
vessel moored at the CBM in approximate position: 21 deg.16.7' N, 
158 deg.04.2' W. This security zone extends from the surface of the 
water to the ocean floor. This security zone is necessary to protect 
the CBM, tank vessels, and all involved personnel from acts of sabotage 
or other subversive acts, accidents, or other causes of a similar 
nature during cargo operations at the CBM 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. Periodically, the Coast 
Guard Captain of the Port will authorize general permission to enter 
into this security zone and will announce this by Broadcast Notice to 
Mariners.

Regulatory Evaluation

    This temporary final rule is not a ``significant regulatory 
action'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 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.

[[Page 15485]]

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    The Coast Guard considered the environmental impact of this action 
and concluded that, under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.1C, 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), Reports 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--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, and 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T14-071 is added to read as follows:


Sec. 165.T14-071  Security Zone: Chevron Conventional Buoy Mooring, 
Barbers Point Coast, Honolulu, HI.

    (a) Location. The following area is a security zone: All waters 
extending 1,000 yards in all directions from vessels moored at the CBM 
in approximate position: 21 deg.16.7' N, 158 deg.04.2' W. 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.
    (1) In accordance with Sec. 165.33, entry into this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port 
Honolulu or his designated representatives.
    (2) The Coast Guard Captain of the Port Honolulu will periodically 
authorize general permission to enter into this temporary security zone 
and will announce this by Broadcast Notice to Mariners.
    (d) Effective dates. This section is effective from 4 p.m. HST 
March 19, 2002 until 6 a.m. HST April 19, 2002.

    Dated: March 8, 2002.
G.J. Kanazawa,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 02-7827 Filed 4-1-02; 8:45 am]
BILLING CODE 4910-15-P