[Federal Register Volume 69, Number 98 (Thursday, May 20, 2004)]
[Proposed Rules]
[Pages 29114-29118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11393]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD14-04-116]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to make changes to existing permanent 
security zones in designated waters adjacent to the islands of Oahu, 
Maui, Hawaii, and Kauai, Hawaii. These revised security zones, which 
would extend from the surface of the water to the ocean floor, are 
necessary to protect personnel, vessels, and facilities from acts of 
sabotage or other subversive acts, accidents, or other causes of a 
similar nature. Some of the proposed revised security zones would be 
enforced at all times while others would only be subject to enforcement 
during heightened threat conditions. Entry into a security zone would 
be prohibited unless authorized by the Captain of the Port.

DATES: Comments and related material must reach the Coast Guard on or 
before July 19, 2004.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, U.S. Coast Guard Sector Central Pacific, Sand Island Access 
Road, Honolulu, Hawaii 96819. Sector Central Pacific 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, would become part of this docket and would be 
available for inspection or copying at Coast Guard Sector Central 
Pacific between 7 a.m. and 3:30 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG C. Thomas, U. S. Coast Guard 
Sector Central Pacific at (808) 541-1440.

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 (CGD14-04-
116), indicate the specific section of this document to which each 
comment applies, and give the reason for each

[[Page 29115]]

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 would consider all 
comments and material received during the comment period. We may change 
this proposed rule in view of them.
    To provide additional notice, we would place a notice of our 
proposed rule in the Local Notice to Mariners. You may access the Local 
Notice to Mariners at the following Web site: http://www.navcen.uscg.gov/lnm/d14.
    In our final rule, we would include a concise general statement of 
comments received and identify any changes from the proposed rule based 
on the comments. If we would make the final rule effective in less than 
30 days after publication in the Federal Register, we would 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 Sector Central Pacific, Honolulu at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we would hold one at a 
time and place announced by a separate notice in the Federal Register.

Background and Purpose

    The terrorist attacks against the United States that occurred on 
September 11, 2001, have emphasized the need for the United States to 
establish heightened security measures in order to protect the public, 
ports and waterways, and the maritime transportation system from future 
acts of terrorism or other subversive acts. The terrorist organization 
al Qaeda and other similar groups remain committed to conducting armed 
attacks against U.S. interests, including civilian targets within the 
United States. Accordingly, the President has continued the national 
emergencies he declared following the attacks (67 FR 58317, September 
13, 2002) (continuing national emergency with respect to terrorist 
attacks), (68 FR 55189, September 18, 2003) (continuing national 
emergency with respect to persons who commit, threaten to commit, or 
support acts of terrorism.) Pursuant to the Magnuson Act, 50 U.S.C. 
191, et seq., the President has also found that the security of the 
United States is and continues to be endangered by the September 11, 
2001 attacks (E.O. 13272, 67 FR 56215, September 2002). National 
security and intelligence officials warn that future terrorist attacks 
are likely.
    In response to this threat, on April 25, 2003, the Coast Guard 
established permanent security zones in designated waters surrounding 
the Hawaiian Islands. (68 FR 20344, April 25, 2003.) These security 
zones have been in operation for almost 1 year. Based upon public 
feedback as well as Coast Guard guidance requiring the periodic review 
of port and harbor security procedures, the Coast Guard proposes to 
continue the current security zones, but at a reduced size and scope so 
as to afford acceptable protection to critical assets and maritime 
infrastructure while minimizing the disruption to maritime commerce and 
the inconvenience to small entities.
    The proposed changes would affect permanent existing security zones 
in the waters surrounding the islands of Oahu, Maui, Kauai, and Hawaii. 
Those areas affected include the 12 permanent security zones for the 
following locations and facilities: (1) Honolulu Harbor, (2) Honolulu 
Harbor General Anchorages B, C, and D, (3) Kalihi Channel and Keehi 
Lagoon, Oahu, (4) Honolulu International Airport, (5) Barbers Point 
Offshore Moorings (consisting of the Tesoro Single Point Moorings and 
the Chevron Conventional Buoy Moorings), (6) Kahului Harbor, Maui, (7) 
Nawiliwili Harbor, Lihue, Kauai, (8) Port Allen, Kauai, (9) Hilo 
Harbor, Hawaii, (10) Lahaina, Maui, (11) Kailua-Kona, Hawaii, and (12) 
Barbers Point Harbor, Oahu.
    In addition, the existing permanent security zone located at 
General Anchorage A in the vicinity of Honolulu Harbor and entrance 
channel would be eliminated. When enforced by the Captain of the Port 
or his designate, persons and vessels must not enter these security 
zones without the express permission of authorized Coast Guard 
officials.

Discussion of Proposed Rule

    Due to national security interests, the implementation of these 
security zones is necessary for the protection of the public, port 
facilities, and waterways in the Hawaiian Islands. The proposed 
security zones would be located in the waters adjacent to the islands 
of Oahu, Maui, Hawaii, and Kauai, Hawaii. These zones would vary in 
size and shape depending on the location and the protective scope of 
the zone. All zones would, however, extend from the surface of the 
water to the ocean floor.
    The security zones proposed under this notice may be divided into 
two categories: (1) those security zones that are subject to 
enforcement at all times, and (2) those security zones that are subject 
to enforcement only during heightened threat conditions, as provided 
for in this rule. When the zones are subject to enforcement, persons 
and vessels are prohibited from entering any of these security zones 
without the express permission of the Captain of the Port.
    The first category includes designated waters where security zones 
would be continuously in effect and subject to enforcement at all 
times, including security zones applicable to Honolulu Harbor, Barbers 
Point Offshore Moorings (consisting of the Tesoro Single Point Mooring 
and the Chevron Conventional Buoy Mooring), and the Honolulu 
International Airport.
    The second category includes designated waters where the security 
zones would be subject to enforcement only during heightened threat 
conditions. This category includes the security zones located at 
Honolulu Harbor Anchorages B, C, and D, Kahului Harbor, Maui; 
Nawiliwili Harbor, Lihue, Kauai; Port Allen, Kauai; Hilo Harbor, 
Hawaii; Lahaina Harbor, Maui; Kailua-Kona Harbor, Hawaii; and Kalihi 
Channel and Keehi Lagoon, Oahu.
    The security zones applicable to Honolulu Harbor Anchorages B, C, 
and D, would be subject to enforcement only upon the occurrence of a 
specific event; namely, upon the authorized anchoring of any vessel in 
excess of 300 gross tons within one of the designated anchorage areas. 
When anchored, the security zone would extend 100 yards from the vessel 
in all directions over surrounding waters.
    The security zones at Kahului Harbor, Maui; Nawiliwili Harbor, 
Lihue, Kauai; Port Allen, Kauai; and Hilo Harbor, Hawaii; would be 
subject to enforcement upon the occurrence of a specific event; namely, 
the arrival of any large cruise ship (LCS), as defined by this rule, 
within the designated enforcement area. When the LCS is in transit in 
the designated enforcement area, the security zone would move with the 
vessel and extend 100 yards in all directions over surrounding waters. 
When the LCS is anchored, position keeping, or moored in the designated 
enforcement area, the security zone would remain fixed and would extend 
100 yards from the vessel in all directions over surrounding waters.
    The security zones at Lahaina, Maui and Kailua-Kona, Hawaii, would 
be subject to enforcement once a large cruise ship comes within 3 
nautical miles of the port and would extend 100 yards from the LCS in 
all directions over surrounding waters. The 100 yard

[[Page 29116]]

security zone around each LCS would be enforced whether the LCS is 
underway, moored, position keeping, or anchored, and would continue in 
effect until such time as the LCS departs the port and the 3 mile 
enforcement area.
    The security zones at Kalihi Channel and Keehi Lagoon, Oahu, and 
Barbers Point Harbor, Oahu, would be subject to enforcement only upon 
the occurrence of one of the following events--
    1. Whenever the Maritime Security (MARSEC) Level, as defined in 33 
CFR part 101, is raised to 2 or higher; or,
    2. Whenever the Captain of the Port, after considering all 
available facts, determines that there is a heightened risk of a 
transportation security incident or other serious maritime incident, 
including but not limited to any incident that may cause a significant 
loss of life, environmental damage, transportation system disruption, 
or economic disruption in a particular area.
    The Captain of the Port would cause notice of the enforcement of 
security zones at Kahului Harbor, Maui; Nawiliwili Harbor, Lihue, 
Kauai; Port Allen, Kauai; Hilo Harbor, Hawaii; Lahaina, Maui; Kailua-
Kona, Hawaii; Kalihi Channel and Keehi Lagoon, Oahu; and Barbers Point 
Harbor, Oahu, to be made by all appropriate means to effect the widest 
publicity among affected segments of the public, including local notice 
to mariners and broadcast notice to mariners. By the same means, the 
Captain of the Port will also cause notice of the suspension of 
enforcement of these security zones in this rule to be made.
    Entry into these security zones is prohibited unless authorized by 
the Coast Guard Captain of the Port Honolulu, Hawaii. Unless and until 
superceded by a notice of enforcement, a notice of suspension of 
enforcement grants general permission to enter the specified security 
zone. Representatives of the Captain of the Port Honolulu would enforce 
these security zones. The Captain of the Port may be assisted by other 
federal or state agencies to the extent permitted by law.
    These security zones are established pursuant to the authority of 
the Magnuson Act, 50 U.S.C. 191, et seq., and regulations promulgated 
by the President under Title 33, Part 6 of the Code of Federal 
Regulations. Vessels or persons violating this section are subject to 
the penalties set forth in 50 U.S.C. 192, including possible seizure 
and forfeiture of the vessel, imprisonment for not more than 10 years, 
and a civil penalty of not more than $25,000 for each violation.

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 
Homeland Security.
    The Coast Guard expects the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation under the regulatory 
policies and procedures of DHS is unnecessary. This expectation is 
based on the short duration of the most of the zones and the limited 
geographic area affected by the zones.

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 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. While we are aware that many affected areas 
have small commercial entities, including canoe and boating clubs and 
small businesses that provide recreational services, we anticipate that 
there would be little or no impact to these small entities due to the 
narrowly-tailored scope of these security zones.
    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 anticipate little or no small business impact, 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

[[Page 29117]]

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 in 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 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Section 165.1407 is revised to read as follows:


Sec.  165.1407  Security Zones; Oahu, Maui, Hawaii, and Kauai, HI

    (a) Definitions. As used in this section--
    Large cruise ship or LCS means a passenger vessel over 300 feet in 
length that carries passengers for hire.
    MARSEC Level 2 or Maritime Security Level 2 means, as defined in 33 
CFR 101.105, the level for which appropriate additional protective 
security measures shall be maintained for a period of time as a result 
of heightened risk of a transportation security incident.
    (b) Location. The following areas, from the surface of the water to 
the ocean floor, are security zones that will be enforced subject to 
the provisions in paragraph (c). All coordinates in this section are 
expressed in degrees, minutes, and tenths of minutes.
    (1) Honolulu Harbor. All waters of Honolulu Harbor and Honolulu 
entrance channel commencing at a line between entrance channel buoys 
no. 1 and no. 2, to a line between the fixed day beacons no. 14 and no. 
15 west of Sand Island Bridge.
    (2) Honolulu Harbor Anchorages B, C, and D. The waters extending 
100 yards in all directions from each authorized vessel in excess of 
300 gross tons that is anchored in Honolulu Harbor Anchorage B, C, or 
D, as defined in 33 CFR 110.235(a).
    (3) Kalihi Channel and Keehi Lagoon, Oahu. All waters of Kalihi 
Channel and Keehi Lagoon beginning at Kalihi Channel entrance buoy no. 
1 and continuing along the general trend of Kalihi Channel to day 
beacon n. 13 thence continuing on a bearing of 332.5[deg]T to shore. 
Thence east and south along the general trend of the shoreline to day 
beacon no. 15 thence southeast to day beacon no. 14, thence southeast 
along the general trend of the shoreline of Sand Island to, to the 
southwest tip of Sand Island at 21[deg]18.0'N/157[deg]53.05'W. Thence 
southwest on a bearing of 233[deg]T to Kalihi Channel entrance buoy no. 
1.
    (4) Honolulu International Airport. All waters surrounding Honolulu 
International Airport from 21[deg]18.25'N/157[deg]55.58'W thence south 
to 21[deg]18.0'N/157[deg]55.58'W thence east to the western edge of 
Kalihi Channel, thence north along the western edge of the channel to 
day beacon no. 13 thence northwest at a bearing of 332.5[deg]T to 
shore.
    (5) Barbers Point Offshore Moorings. The waters around the Tesoro 
Single Point and the Chevron Conventional Buoy Moorings beginning at 
21[deg]16.43'N,158[deg]06.03'W; thence northeast to 21[deg]17.35'N, 
158[deg]3.95'W; thence southeast to 21[deg]16.47'N, 158[deg]03.5'W; 
thence southwest to 21[deg]15.53'N, 158[deg]05.56'W; thence north to 
the beginning point.
    (6) Kahului Harbor, Maui. The waters extending 100 yards in all 
directions from each large cruise ship whenever the LCS is in Kahului 
Harbor, Maui, HI or within 3 nautical miles seaward of the Kahului 
Harbor COLREGS DEMARCATION (See 33 CFR 80.1460). This is a moving 
security zone when the LCS is in transit and becomes a fixed zone when 
the LCS is anchored, position keeping, or moored.
    (7) Nawiliwili Harbor, Lihue, Kauai. The waters extending 100 yards 
in all directions from each large cruise ship whenever the LCS is in 
Nawiliwili Harbor, Kauai, HI or within 3 nautical miles seaward of the 
Nawiliwili Harbor, Kauai COLREGS DEMARCATION (See 33 CFR 80.1450). This 
is a moving security zone when the LCS is in transit and becomes a 
fixed zone when the LCS is anchored, position keeping, or moored.
    (8) Port Allen, Kauai. The waters extending 100 yards in all 
directions from each large cruise ship whenever the LCS is in Port 
Allen, Kauai, HI or within 3 nautical miles seaward of the Port Allen 
COLREGS DEMARCATION (See 33 CFR 80.1440). This is a moving security 
zone when the LCS is in transit and becomes a fixed zone when the LCS 
is anchored, position keeping, or moored.
    (9) Hilo Harbor, Hawaii. The waters extending 100 yards in all 
directions from each large cruise ship whenever the LCS is in Hilo 
Harbor, Hawaii, HI or within 3 nautical miles seaward of the Hilo 
Harbor COLREGS DEMARCATION (See 33 CFR 80.1480). This is a moving 
security zone when the LCS is in transit and becomes a fixed zone when 
the LCS is anchored, position keeping, or moored.
    (10) Lahaina, Maui. The waters extending 100 yards in all 
directions from each large cruise ship in Lahaina, Maui, whenever the 
LCS is within 3 nautical miles of Lahaina Light (LLNR 28460). The 
security zone around each LCS will be active and enforced whether the 
cruise ship is underway, moored, position keeping, or anchored, and 
will continue in effect until such time as the LCS departs Lahaina and 
the three mile enforcement area.
    (11) Kailua-Kona, Hawaii. The waters extending 100 yards in all 
directions from each large cruise ship in Kailua-Kona, Hawaii, whenever 
the LCS is within 3 nautical miles of Kukailimoku Point. The 100 yard 
security zone around each LCS will be active and enforced whether the 
LCS is underway, moored, position keeping, or anchored, and will 
continue in effect until such time as the LCS departs Kailua-Kona and 
the 3 mile enforcement area.
    (12) 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]-07.26'W.
    (c) Notice of enforcement or suspension of enforcement of security 
zones.

[[Page 29118]]

    (1) The security zones in paragraphs (b)(1) (Honolulu Harbor), 
(b)(4) (Honolulu International Airport), and (b)(5) (Barbers Point 
Offshore Moorings) are subject to enforcement at all times.
    (2) The security zones in paragraphs (b)(3) (Kalihi Channel and 
Keehi Lagoon, Oahu), and (b)(12) (Barbers Point Harbor, Oahu) will be 
subject to enforcement only upon the occurrence of one of the following 
events--
    (i) Whenever the Maritime Security (MARSEC) Level, as defined in 33 
CFR part 101, is raised by the Commandant of the Coast Guard to 2 or 
higher; or
    (ii) Whenever the Captain of the Port, after considering all 
available facts, determines that there is a heightened risk of a 
transportation security incident or other serious maritime incident, 
including but not limited to any incident that may cause a significant 
loss of life, environmental damage, transportation system disruption, 
or economic disruption in a particular area. The Captain of the Port of 
Honolulu will cause notice of the enforcement of these security zones 
to be made by all appropriate means to affect the widest publicity, 
including the use of broadcast notice to mariners and publication in 
the local notice to mariners.
    (iii) A notice will be published in the Federal Register reporting 
when events in paragraph (c)(2)(i) or (c)(2)(ii) have occurred.
    (3) The large cruise ship security zones in paragraph (b)(6) 
(Kahului Harbor, Maui), (b)(7) (Nawiliwili Harbor, Lihue, Kauai), 
(b)(8) (Port Allen, Kauai), (b)(9) (Hilo Harbor, Hawaii), (b)(10) 
(Lahaina, Maui), and (b)(11) (Kailua-Kona, Hawaii), will be subject to 
enforcement upon the arrival of a LCS, as defined by this section, 
within the areas designated in paragraph (b). The Captain of the Port 
will cause notice of the enforcement of these security zones to be made 
by all appropriate means to affect the widest publicity, including the 
use of broadcast notice to mariners and publication in the local notice 
to mariners.
    (4) The security zones in paragraph (b)(2) (Honolulu Harbor 
Anchorages B, C, and D) will be subject to enforcement upon the 
authorized anchoring of any vessel in excess of 300 gross tons within 
the anchorage area designated in paragraph (b). The Captain of the Port 
will cause notice of the enforcement of these security zones to be made 
by all appropriate means to affect the widest publicity, including the 
use of broadcast notice to mariners and publication in the local notice 
to mariners.
    (5) The Captain of the Port will cause notice of the suspension of 
enforcement of these security zones in this paragraph to be made by all 
appropriate means to affect the widest publicity, including the use of 
broadcast notice to mariners and publication in the local notice to 
mariners. During periods of suspension the COTP grants general 
permissions to enter specified security zones.
    (d) Enforcement: Any Coast Guard commissioned, warrant or petty 
officer may enforce the security zones in this section.
    (e) Regulations. (1) Under 33 CFR 165.33, entry into these security 
zones is prohibited unless authorized by the Coast Guard Captain of the 
Port, Honolulu or his designated representatives. When authorized 
passage through a large cruise ship security zone, all vessels must 
operate at the minimum speed necessary to maintain a safe course and 
must proceed as directed by the Captain of the Port or large cruise 
ship master. No person is allowed within 100 yards of a large cruise 
ship that is underway, moored, position keeping, or anchored, unless 
authorized by the Captain of the Port or his designated 
representatives.
    (2) When conditions permit, the Captain of the Port, or authorized 
designate, may permit vessels that are at anchor, restricted in their 
ability to maneuver, or constrained by draft to remain within a large 
cruise ship security zone in order to ensure navigational safety.
    (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 (800) 552-6458, or on VHF channel 16 (156.8 Mhz) to 
seek permission to transit the area. Written requests may be submitted 
to the Captain of the Port, U.S. Coast Guard Sector Central Pacific, 
Sand Island Access Road, Honolulu, Hawaii 96819, or faxed to (808) 541-
1431. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port or his designated 
representatives.
    (f) Waiver. The Captain of the Port of Honolulu may waive any of 
the requirements of this section for any vessel or class of vessels 
upon his or her determination that application of this section to that 
vessel or class of vessels is unnecessary or impractical for the 
purpose of port and maritime security.
    (g) Penalties. Any violation of the security zones described herein 
may result in the imposition of civil penalties (not to exceed $25,000 
per violation, where each day of a continuing violation is a separate 
violation), criminal penalties (imprisonment for not more than 10 years 
and a fine of not more than $10,000), seizure and forfeiture of the 
offending vessel, and other administrative sanctions authorized by law.

    Dated: April 7, 2004.
C.D. Wurster,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard 
District.
[FR Doc. 04-11393 Filed 5-19-04; 8:45 am]
BILLING CODE 4910-15-P