[Federal Register Volume 67, Number 170 (Tuesday, September 3, 2002)]
[Proposed Rules]
[Pages 56245-56247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22340]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD14-02-001]
RIN 2115-AA97


Anchorages and Security Zones; Oahu, Maui, Hawaii, and Kauai, HI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking; change of effective period.

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SUMMARY: The Coast Guard proposes to extend the effective period of 
security zones in designated waters adjacent to the islands of Oahu, 
Maui, Hawaii, and Kauai, HI for a period of 6 months beyond their 
current October 19, 2002, expiration date. These security zones and a 
related amendment to regulations for anchorage grounds in Mamala Bay we 
also propose to extend 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. Entry into the 
proposed zones would be prohibited unless authorized by the Coast Guard 
Captain of the Port Honolulu, HI.

DATES: Comments and related material must reach the Coast Guard on or 
before October 8, 2002.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, U.S. Coast Guard Marine Safety Office Honolulu, 433 Ala Moana 
Blvd., Honolulu, Hawaii 96813. Marine Safety Office Honolulu maintains 
the public docket for this rulemaking. 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 Marine Safety Office Honolulu 
between 7 a.m. and 3:30 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: LTJG E. G. Cantwell, U. S. Coast Guard 
Marine Safety Office Honolulu, Hawaii at (808) 522-8260.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD14-02-
001), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
your submission reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.
    The deadline to submit comments is less than 60 days from the 
publication of the notice of proposed rules (NPRM) in the Federal 
Register. This short comment period will permit the Coast Guard to 
publish a temporary final rule before expiration of the existing 
temporary security zone, and thus maintain public safety and security. 
To provide additional notice, we will place a notice of our proposed 
rule in the local notice to mariners. You may request a copy of this 
notice via facsimile by calling (808) 522-8260.
    In our final rule, we will include a concise general statement of 
comments received and identify any changes from the proposed rule based 
on the comments. If, as we expect, we make the final rule effective in 
less than 30 days after publication in the Federal Register, we will 
explain our good cause for doing so as required by 5 U.S.C. 553(d)(3).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Office Honolulu at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a separate notice in the Federal Register.

Background and Purpose

    Terrorist attacks in New York City, New York, and on the Pentagon 
Building in Arlington, Virginia, on September 11, 2001, have called for 
the implementation of additional measures to protect national security. 
National security and intelligence officials warn that future terrorist 
attacks against civilian targets may be anticipated. This proposed rule 
is similar to a rule published April 29, 2002, (67 FR 20907) creating 
security zones in these areas until October 19, 2002.

Discussion of Proposed Rule

    The Coast Guard proposes designated security zones in the waters 
adjacent to the islands of Oahu, Maui, Hawaii, and Kauai, HI for a 
period of 6 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.
    In addition to extending the period of security zones, we are also 
proposing to give names to security zones and make a few editorial, 
non-substantive changes. These proposed security zones would extend 
from the surface of the water to the ocean floor.
    This proposed rule would also amend an anchorage grounds regulation 
by adding the requirement that permission of the Captain of the Port be 
obtained before entering anchorage grounds in Mamala Bay.
    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 proposed rule.
    This temporary proposed rule is intended to provide for the safety 
and security of the public, maritime commerce, and transportation, by 
extending security zones in designated harbors, anchorages, facilities, 
and adjacent navigable waters of the United States.

Regulatory Evaluation

    This proposed 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 proposed 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 short duration of the zone and the limited 
geographic zone affected by it.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a

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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 proposed 
rule would 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 zones and the short duration of the security 
zones in any one area.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would 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 would economically affect it.

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 proposed rule would call 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 proposed 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 proposed rule would not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed 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 proposed 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 proposes 
to amend 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. In Sec. 110.235, paragraph (c) added at 67 FR 20907, April 29, 
2002, effective 6 a.m. April 19, 2002, until 4 p.m. October 19, 2002, 
is extended in effect until 4 p.m. April 19, 2003.

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, and 160.5; 49 CFR 1.46.

    4. Revise temporary Sec. 165.T14-069 to read as follows:


Sec. 165.T14-069  Security Zones; Oahu, Maui, Hawaii, and Kauai, HI.

    (a) Location. The following areas, from the surface of the water to 
the ocean floor, are security zones--
    (1) Honolulu Harbor. 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 a line connecting the following 
coordinates: A point on 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, and thence due north to Honolulu 
International Airport Reef Runway at 21 deg.18.25' N, 157 deg.55.58' W.
    (2) Tesoro Single Point Mooring. 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) Chevron Conventional Buoy Mooring. The waters extending 1,000 
yards in all directions around vessels

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moored at the Chevron Conventional Buoy Mooring at approximate position 
21 deg.16.7' N, 158 deg.04.2' W.
    (4) Kahului Harbor and Entrance Channel, Maui, HI. All waters in 
the Kahului Harbor and Entrance Channel, Maui, HI, shoreward of the 
COLREGS DEMARCATION line defined in 33 CFR 80.1460.
    (5) Nawiliwili Harbor, Kauai, HI. All waters within the Nawiliwili 
Harbor, Kauai, HI shoreward of the COLREGS DEMARCATION line defined in 
33 CFR 80.1450.
    (6) Port Allen Harbor, Kauai, HI. All waters of Port Allen Harbor, 
Kauai, HI shoreward of the COLREGS DEMARCATION line defined in 33 CFR 
80.1440.
    (7) Hilo Harbor and Entrance Channel, Hawaii, HI. All waters in 
Hilo Harbor and Entrance Channel, Hawaii, HI shoreward of the COLREGS 
DEMARCATION line defined in 33 CFR 80.1480.
    (8) Area Around Cruise Ships in Lahaina Small Boat Harbor, Maui, 
and Kailua-Kona Small Boat Harbor, Hawaii. 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) Barbers Point Harbor, Oahu. 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 period. This section is effective from 6 a.m. HST 
April 19, 2002, until 4 p.m. HST April 19, 2003.

    Dated: August 22, 2002.
R.D. Utley,
Rear Admiral, Coast Guard, Commander, Fourteenth Coast Guard District.
[FR Doc. 02-22340 Filed 8-30-02; 8:45 am]
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