[Federal Register Volume 67, Number 82 (Monday, April 29, 2002)]
[Rules and Regulations]
[Pages 20907-20909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10470]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[COTP Honolulu 02-001]
RIN 2115-AA97


Anchorages and 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, terrorist 
acts, other subversive acts, or other causes of a similar nature and 
will 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.

DATES: This section is effective from 6 a.m. HST April 19, 2002, until 
4 p.m. HST October 19, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at 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: LTJG E. G. Cantwell, Coast Guard 
Marine Safety Office Honolulu, Hawaii, at (808) 522-8260.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 20, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Anchorages and Security Zones; Oahu, Maui, Hawaii, 
and Kauai, HI'' in the Federal Register (67 FR 12938). We did not 
receive any letters commenting on the proposed rule. No public hearing 
was requested and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less that 30 days after 
publication in the Federal Register. Delaying this rule 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 from acts of sabotage, 
terrorist attack, or other subversive acts. Under these circumstances, 
following the normal rulemaking procedures would be impracticable.

Background and Purpose

    Recent terrorist incidents in New York and Washington, DC have 
called for the implementation of additional measures to protect 
national security interests. This rule is similar to a rule published 
January 31, 2002 (67 FR 4656), creating security zones in these areas 
until April 19, 2002. This rule is intended to provide for the safety 
and security of the public, maritime commerce, and transportation, by 
establishing security zones in designated harbors, anchorages, 
facilities, and adjacent navigable waters of the Unites States.
    The zones provide the Captain of the Port Honolulu with the means 
to adequately respond to acts of sabotage, terrorist attack, and any 
other subversive acts. 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.

[[Page 20908]]

Discussion of Comments and Changes

    The Coast Guard did not receive any comments following our 
publication of the notice of proposed rulemaking (67 FR 12938, March 
20, 2002). Therefore, we are adopting the proposed rule without 
changes.

Regulatory Evaluation

    This 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 Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. This 
expectation is based on the geographic zone sizes are the minimum 
necessary to adequately protect the public, maritime commerce, and 
transportation. Any vessel may request permission from the Captain of 
the Port to enter into or move within the zones. Any inconvenience 
experienced by persons or vessels will be brief and minimal in light of 
the measures necessary to protect the public, maritime commerce, and 
transportation from sabotage, terrorist attack, and other subversive 
acts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 rule will 
not have a significant economic impact on a substantial number of small 
entities. For the same reasons discussed under Regulatory Evaluation 
above, the Coast Guard expects the impact of this regulation to be 
minimal.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule will have a 
significant economic impact on it, please submit a comment (see 
ADDRESSES-) explaining why you think it qualifies and how and to what 
degree this rule will economically affect it.

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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.

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 will not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it will 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. We invite your 
comments on how this rule might impact tribal governments, even if that 
impact may not constitute a ``tribal implication'' under the Order

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

    We have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports 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).


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

[[Page 20909]]

Sec. 110.235  Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii 
(Datum: 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.


    4. A new Sec. 165.T14-069 is temporarily added to read as follows:


Sec. 165.T14-069  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 
at 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 waters extending 1,000 yards in all directions around 
vessels moored at the Chevron Conventional Buoy Mooring at approximate 
position 21 deg.16.7' N, 158 deg.04.2' W.
    (4) The Kahului Harbor and Entrance Channel, Maui, HI consisting of 
all waters shoreward of the COLREGS DEMARCATION line. (See 33 CFR 
80.1460).
    (5) All waters within the Nawiliwili Harbor, Kauai, HI shoreward of 
the COLREGS DEMARCATION line (See 33 CFR 80.1450).
    (6) All waters of Port Allen Harbor, Kauai, HI shoreward of the 
COLREGS DEMARCATION line (See 33 CFR 80.1440).
    (7) Hilo Harbor and Entrance Channel, Hawaii, HI consisting of all 
waters shoreward of the COLREGS DEMARCATION line (See 33 CFR 80.1480).
    (8) 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.
    (9) All waters contained within the Barbers Point Harbor, Oahu, 
enclosed by a line drawn between Harbor Entrance Channel Light 6 and 
the jetty point day beacon at 21 deg.19.5' N, 158 deg.07.3' W.
    (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 
these zones is prohibited unless authorized by the Coast Guard Captain 
of the Port, Honolulu or his designated representatives. Section 165.33 
also contains other general requirements.
    (2) The existence or status of the temporary security zones in this 
section will be announced periodically by Broadcast Notice to Mariners.
    (3) Persons desiring to transit the areas of the security zones may 
contact the Captain of the Port at command center telephone number 
(808) 541-2477 or on VHF channel 16 (156.8 Mhz) to seek permission to 
transit the area. If permission is granted, all persons and vessels 
shall comply with the instructions of the Captain of the Port or his 
designated representatives.
    (d) Authority. In addition to 33 U.S.C. 1231, 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 
April 19, 2002, until 4 p.m. HST October 19, 2002.

    Dated: April 17, 2002.
R.D. Utley,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard 
District.
[FR Doc. 02-10470 Filed 4-26-02; 8:45 am]
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