[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Rules and Regulations]
[Pages 75036-75042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24195]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD14-04-116]
RIN 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing existing permanent security zones 
in designated waters adjacent to the islands of Oahu, Maui, Hawaii, and 
Kauai, Hawaii. These revised 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 and 
will extend from the surface of the water to the ocean floor. Some of 
the revised security zones are continuously activated and enforced at 
all times, while others are activated and enforced only during 
heightened threat conditions. Entry into these Coast Guard security 
zones while they are activated and enforced is prohibited unless 
authorized by the Captain of the Port.

DATES: This rule is effective January 18, 2006.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD14-04-116 and are available for inspection or 
copying at Coast Guard Sector Honolulu, between 7 a.m. and 3:30 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Quincey Adams, 
U. S. Coast Guard Sector Honolulu at (808) 842-2600.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On May 20, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zones; Oahu, Maui, Hawaii, and Kauai, 
Hawaii,'' in the Federal Register (69 FR 29114). We received five 
letters commenting on the proposed rule. No public meeting was 
requested, and none was held. On June 7, 2005, we published a 
supplemental NPRM (SNPRM) entitled ``Security Zones; Oahu, Maui, HI, 
and Kauai, HI,'' in the Federal Register (70 FR 33047). We received one 
letter and one phone call commenting on the SNPRM. No public meeting 
was requested, and none was held.

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: national emergency with 
respect to terrorist attacks, 70 FR 54229, September 13, 2005; and 
national emergency with respect to persons who commit, threaten to 
commit, or support acts of terrorism, 70 FR 55703, September 22, 2005. 
Pursuant to the Magnuson Act, 50 U.S.C. 191, et seq., the President 
also has found that the security of the United States is and continues 
to be endangered by the September 11, 2001 attacks (E.O. 13273, 67 FR 
56215, September 3, 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). These security zones have been in 
operation for more than 2 years. We have conducted periodic review of 
port and harbor security procedures and considered the oral feedback 
that local vessel operators gave to Coast Guard units enforcing the 
zones. In response, the Coast Guard is continuing most of the current 
security zones but is reducing the size and scope of some to afford 
acceptable protection to critical assets and maritime infrastructure 
and minimize the disruption to maritime commerce and inconvenience to 
small entities.
    This rule establishes permanently-existing security zones in the 
waters surrounding the islands of Oahu, Maui, Kauai, and Hawaii. 
Specifically, 13 permanent security zones affect the following 
locations and facilities: (1) Honolulu Harbor, Oahu; (2) Honolulu 
Harbor General Anchorages B, C, and D, Oahu; (3) Kalihi Channel and 
Keehi Lagoon, Oahu; (4) Honolulu International Airport, North Section, 
Oahu; (5) Honolulu International Airport, South Section, Oahu; (6) 
Barbers Point Offshore Moorings, Oahu; (7) Barbers Point Harbor, Oahu; 
(8) Kahului Harbor, Maui; (9) Lahaina, Maui; (10) Hilo Harbor, Hawaii; 
(11) Kailua-Kona Harbor, Hawaii; (12) Nawiliwili Harbor, Lihue, Kauai; 
and (13) Port Allen, Kauai. When activated and enforced by the Captain 
of the Port or his or her representative, persons and vessels must not 
enter these security zones without the express permission of the 
Captain of the Port.

Discussion of Comments and Changes

    In response to our initial proposed rule published on May 20, 2004, 
the Coast Guard received five letters. Two letters from the State of 
Hawaii are in favor of the rulemaking and contained no objections. One 
letter from a maritime association is also in favor with no objections. 
These three letters recognize the need for the security zones and 
reiterate the Coast Guard's reasons for proposing them, raising no

[[Page 75037]]

additional issues. The remaining two letters raised issues that are 
discussed below.
    A letter from a Hawaii-based oil company is in favor of the changes 
to the security zones, but suggests that the Coast Guard include a 
provision allowing such companies to submit an advance transportation 
schedule to the Captain of the Port that would permit fuel barges to 
conduct transit and fuel-transfer operations in port within a large 
cruise ship (LCS) security zone under normal circumstances. The letter 
also states that there should be more explicit language assuring 
minimal interruption of businesses that conduct routine operations in 
the commercial harbors when the Maritime Security (MARSEC) Level is not 
elevated.
    Coast Guard Response: For these security zones to be effective in 
safeguarding ports, facilities, and vessels from acts of terrorism and 
sabotage, the Captain of the Port must have access to accurate and 
timely information regarding current vessel traffic in any designated 
security zone. Paragraph 165.1407(c)(2) in the rule below specifically 
authorizes the public to employ either oral or written means to request 
permission to enter and operate within a designated security zone. This 
rule does not preclude the submission of an accurate operating schedule 
as a means of obtaining permission to enter the security zones 
established by this rule. Any party desiring to submit a schedule in 
writing to the Captain of the Port for approval may call the Sector 
Honolulu Command Center at (808) 842-2600. Approval of such requests is 
at the discretion of the Captain of the Port.
    The final letter commenting on the security-zone changes is from a 
maritime association and raises three separate issues:
    Issue 1: The letter comments that, because Maui, Hawaii, and Kauai, 
each contain port facilities within 100 yards of each other, the 
security zone around a large cruise ship moored at one of those 
facilities would preclude the simultaneous use of that harbor by any 
other vessel, especially the tugs and barges that frequently transit 
the area. The comment emphasizes that tug and barge operations are the 
main ``life line'' of the outlying islands, and that large crew ship 
(LCS) traffic is expected to increase, with no increase in facilities, 
so the security zones around these ships will soon have an even greater 
negative impact on such operations.
    Coast Guard Response: These security zones do not preclude 
simultaneous use of a harbor when an LCS is moored at one of the 
facilities. We acknowledge that the security zones around large cruise 
ships occasionally may cause inconvenience to other vessels and 
operators within the immediate area because they will have to get 
permission before entering those zones. We do not agree, however, that 
this inconvenience is unreasonable considering the benefits provided by 
the security zones.
    With their high profile and passenger-carrying capacity, large 
cruise ships are attractive targets for acts of sabotage and terrorism, 
particularly when they are stationary at a pier or mooring. 
Nevertheless, in response to this comment, we have considered reducing 
the size of the zones around stationary LCSs, but we determined that an 
effective security zone must be large enough to allow security 
personnel to identify and respond to potential threats. Moreover, any 
person affected by the security zone around a large cruise ship may 
request permission to enter and transit the zone by contacting the 
Sector Honolulu Command Center via VHF channel 16 (156.8 Mhz) or phone: 
(808) 842-2600. Operators who frequently operate in the vicinity of a 
security zone have the option of submitting a written schedule for 
advance approval to minimize any potential disruption.
    Issue 2: The letter comments that the language in the NPRM about 
security zones around large cruise ships and designated enforcement 
zones is confusing, as is much of the other terminology, and certain 
paragraphs of the proposed rule should be reworded.
    Coast Guard Response: We agree and have extensively revised both 
the wording and organization of our rule. We separated the zones by 
island and gave each of the four islands a separate section in the CFR. 
This change allows us to focus the regulation paragraphs on LCS zones 
for the islands of Maui, Kauai, and Hawaii, because the LCS zones are 
for those islands only; none are for Oahu. This change also allows us 
to focus the regulation and notice paragraphs in the Oahu CFR section 
on the three Oahu zones (Kalihi Channel and Keehi Lagoon; Honolulu 
International Airport, South Section; and Barbers Point Harbor) that 
are enforced only upon a rise in the MARSEC level or when the Captain 
of the Port has determined there is a heightened risk of a 
transportation security incident.
    As for wording changes, we inserted the word ``activated'' several 
times to help discern when certain security zones are enforced. It is 
important to note, however, that these security zones are permanently 
established, and that the word ``activated'' is only meant to 
distinguish whether the permanently-established zone is subject to 
enforcement. We made numerous similarly non-substantive wording changes 
for the SNPRM that did not change the meaning or intent of our initial 
proposed rule but were intended to improved the clarity of the rule in 
response to this letter.
    Issue 3: The letter suggests removing the Honolulu International 
Airport Security Zone from Category 1 (zones subject to enforcement at 
all times) and placing it in Category 2 (zones subject to enforcement 
only during heightened threat conditions, as provided in the rule). The 
commenter noted that this area is planned for future ocean recreation 
expansion and it should not be continuously and permanently removed 
from public use, and the alignment with the adjacent Keehi Lagoon 
Security Zone (Category 2) would preserve public use of the entire 
Keehi Lagoon area for future recreational and commercial improvements.
    Coast Guard Response: The security zone nearest Honolulu 
International Airport in particular must remain a Category 1 zone 
because all major airports are possible terrorist targets. The Category 
1 designation of this area is specifically meant to protect the 
Honolulu International Airport, as well as all the aircraft and people 
working or transiting that facility. Designating this area a Category 2 
zone would compromise security by removing the continuous waterside 
buffer around the airport afforded by the Category 1 designation. Those 
wishing to enter the zone, however, need only to seek and obtain prior 
approval. The Captain of the Port will not manage security zones solely 
based on possible future scenarios but rather adjust as appropriate to 
the current threat situation so security can be maintained while 
minimizing disruption to commercial and recreational traffic.
    The comments received affected this rule to the extent described 
above, but we also made additional substantive changes from the 
proposed rule published on May 20, 2004 (69 FR 29114) that necessitated 
the SNPRM. We proposed an additional security zone, described in this 
rule, Sec.  165.1407(a)(4)(ii), as Honolulu International Airport, 
South Section. This zone, encompassing Honolulu Harbor anchorages B, C, 
and D, is a Category 2 zone, subject to enforcement only in times of 
raised MARSEC levels or other threats. We determined there is a need to 
add this zone to establish an extra protective buffer around the 
airport when necessary.

[[Page 75038]]

    The separately-designated Honolulu Harbor Anchorages B, C, and D 
security zone remains the same as in our initial proposed rule: limited 
to the waters extending 100 yards in all directions from vessels over 
300 gross tons anchored there. The 100-yard security zone around those 
vessels is still activated and enforced at all times regardless of 
whether an emerging threat has necessitated the additional activation 
and enforcement of the encompassing Honolulu International Airport, 
South Section security zone for increased airport protection.
    The name of the Honolulu International Airport security zone in our 
initial proposed rule is changed to Honolulu International Airport, 
North Section, Sec.  165.1407(a)(4)(i), to distinguish it from the 
Honolulu International Airport, South Section security zone. The 
Honolulu International Airport, North Section security zone remains a 
Category 1 zone, enforced and activated at all times, extending only 
about 800 yards offshore from the airport, the minimal distance 
required for low-level security conditions.
    We also eliminated an unnecessary notification requirement that was 
in our initial proposed rule. We have determined that the best public 
notification of the presence of an LCS security zone is the presence of 
the LCS itself, which is obvious to operators well before they reach 
the 100-yard zone. Therefore, while we may use other notification 
methods, like a broadcast notice to mariners, the requirement to make 
such other notification is not in this rule.
    Additionally, in the paragraphs of our rule that address permission 
to transit a security zone, we have included language that eliminates 
the need for seaplane operators to get Coast Guard permission while 
they are in compliance with established Federal Aviation Administration 
regulations regarding flight-plan approval. We have determined that 
this change is necessary to limit the communications that pilots would 
otherwise have to make when transiting the zones. For the convenience 
of the reader, we included a cross reference to the relevant FAA 
regulations in the regulation text.
    We have also revised our penalty paragraphs so that they are 
limited to referencing the statutes (33 U.S.C. 1232 and 50 U.S.C. 192) 
that provide violation penalties. This change eliminates the need to 
amend those paragraphs every time the penalty statutes are amended.
    Other corrections of our initial proposed rule include the addition 
of the words ``or hundredths''in Sec.  165.1407(a) to more accurately 
describe how security-zone coordinates are expressed, and an update of 
Sector Honolulu's contact information to reflect recent changes.
    In response to our SNPRM published on June 7, 2005, the Coast Guard 
received one phone call and one letter. The phone call from the 
National Oceanic and Atmospheric Administration highlighted an 
inconsistency within our description of the Honolulu International 
Airport, South Section security zone, Sec.  165.1407(a)(4)(ii). The 
description erroneously suggested that Kalihi Channel buoy ``5'' is 
located at 21[deg]18.0' N/157[deg]53.92' W. To avoid any potential 
misunderstanding, we deleted those coordinates from the description in 
the final rule, leaving the buoy itself as the pertinent reference 
point.
    The letter commenting on our SNPRM is from a maritime association 
and raises several issues, including calls for more specific language 
in various parts of our Discussion of Proposed Rule section. We drafted 
that section, however, solely for our SNPRM to help the public 
understand the proposal and formulate comments. As the regulatory text 
makes clear, all LCS security zones are activated at least 3 nautical 
miles seaward of the six harbors that have LCS security zones: Kahului 
Harbor, Maui; Lahaina, Maui; Hilo Harbor, Hawaii; Kailua-Kona, Hawaii; 
Nawiliwili Harbor, Lihue, Kauai; and Port Allen, Kauai The letter 
raised four other issues, addressed as follows:
    Issue 1: The letter comments that the SNPRM did not include Sector 
Honolulu's toll-free telephone number for requesting permission to 
enter a zone. It recommends that we include the number in our final 
rule for the use of mariners transiting the other Hawaiian islands' 
zones.
    Coast Guard Response: We understand that a toll-free line for 
requesting permission to enter a zone would ease the burden on mariners 
calling from the affected islands. The Sector's toll-free number, 
however, is a direct line to the Search and Rescue Controller, who must 
not be distracted by routine transit requests. We have determined that 
the use of the contact information provided in the SNPRM is not 
excessively burdensome, especially considering the abundance of 
options, including phone, fax, radio, and mail.
    Issue 2: The ports at Hilo, Kahului, and Nawiliwili are large 
enough to completely accommodate LCSs, so there is no need for the LCSs 
to anchor seaward of those harbors. Therefore, the enforcement areas 3 
nautical miles seaward of those harbors should be deleted.
    Coast Guard Response: We have considered deleting the seaward 
enforcement areas for those harbors, but we determined that they must 
remain because they enable the Coast Guard to bolster an LCS's security 
before it reaches the harbor. This provision allows security personnel 
to identify and respond to potential threats before the harbor itself 
is threatened by the arrival of an unsecured LCS. Additionally, 
depending on the status of harbor traffic at the time or the intentions 
of LCS masters, it is conceivable that vulnerable LCSs will anchor 
within the enforcement areas seaward of those harbors.
    Issue 3: In paragraph (c)(1) of Sec. Sec.  165.1408, 165.1409, and 
165.1410 of this rule, the last sentence (``No person is allowed within 
100 yards * * *'') should specify that that restriction applies to LCSs 
within designated geographic locations.
    Coast Guard Response: We agree and have inserted the phrase ``in 
any of the areas described by paragraph (a) of this section'' into that 
last sentence of paragraph (c)(1) in each of those three sections to 
clarify the restriction.
    Issue 4: The SNPRM's proposed Sec.  165.1407(a) fails to specify 
paragraph (d) as a provision affecting enforcement of the zones.
    Coast Guard Response: We agree and have revised paragraph (a) of 
that section to include a reference to paragraph (d).
    We changed from our proposed regulatory text to the extent 
described above. Our final rule otherwise remains the same as that 
published in our SNPRM.

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 Homeland 
Security (DHS).
    The Coast Guard expects the economic impact of this 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 activation duration of most of the zones and the limited 
geographic area affected by them. We considered our changes to the 
regulatory text resulting from our

[[Page 75039]]

NPRM and SNPRM and determined that they do not alter our expectation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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. While we are aware that many affected areas have small 
commercial entities, including canoe and boating clubs and small 
commercial businesses that provide recreational services, we expect 
that there will be little or no impact to these small entities due to 
the narrowly tailored scope of these security zones. We considered our 
changes to the regulatory text resulting from our NPRM and SNPRM and 
determined that they do not change the information upon which we based 
our original assessment of impact on small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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 either preempts State law or imposes a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order, including our changes to the regulatory text resulting from 
our NPRM and SNPRM, 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 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 does not create an 
environmental risk to health or risk to safety that may 
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 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.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards is inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., specifications of materials, performance, design, or operation; 
test methods; sampling procedures; and related management systems 
practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, under figure 2-1, paragraph (34)(g) of the Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation.

List of Subjects 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.


0
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

0
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, and 160.5; Pub. 
L.

[[Page 75040]]

107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Revise Sec.  165.1407 to read as follows:


Sec.  165.1407  Security Zones; Oahu, HI.

    (a) Location. The following areas, from the surface of the water to 
the ocean floor, are security zones that are activated and enforced 
subject to the provisions of paragraphs (c) and (d). All coordinates 
below are expressed in degrees, minutes, and tenths or hundredths 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. All waters extending 
100 yards in all directions from each vessel in excess of 300 gross 
tons 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 no. 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 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. (i) Honolulu International 
Airport, North Section. All waters surrounding Honolulu International 
Airport from 21[deg]18.25' N/157[deg] 55.58[deg] 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.
    (ii) Honolulu International Airport, South Section. All waters near 
Honolulu International Airport from 21[deg]18.0' N/157[deg]55.58' W, 
thence south to 21[deg]16.5' N/157[deg]55.58' W, thence east to 
21[deg]16.5' N/157[deg]54.0' W (the extension of the western edge of 
Kalihi Channel), thence north along the western edge of the channel to 
Kalihi Channel buoy ``5'', thence west to 21[deg]18.0' N/157[deg]55.58' 
W.
    (5) Barbers Point Offshore Moorings. All 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) 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.
    (b) Definitions. As used in this section, 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.
    (c) Regulations. (1) Under 33 CFR 165.33, entry into the security 
zones described in this section is prohibited unless authorized by the 
Coast Guard Captain of the Port, Honolulu or his or her designated 
representatives.
    (2) Persons desiring to transit the areas of the security zones may 
contact the Captain of the Port at Command Center telephone number 
(808) 842-2600 or on VHF channel 16 (156.8 Mhz) to seek permission to 
transit the area. Written requests may be submitted to the Captain of 
Port, U.S. Coast Guard Sector Honolulu, Sand Island Access Road, 
Honolulu, Hawaii 96819, or faxed to (808) 842-2622. If permission is 
granted, all persons and vessels must comply with the instructions of 
the Captain of the Port or his or her designated representatives. For 
all seaplane traffic entering or transiting the security zones, a 
seaplane's compliance with all Federal Aviation Administration 
regulations (14 CFR parts 91 and 99) regarding flight-plan approval is 
deemed adequate permission to transit the waterway security zones 
described in this section.
    (d) Enforcement and suspension of enforcement of certain security 
zones.
    (1) The security zones in paragraphs (a)(3) (Kalihi Channel and 
Keehi Lagoon, Oahu), (a)(4)(ii) (Honolulu International Airport, South 
Section), and (a)(6) (Barbers Point Harbor, Oahu) of this section will 
be enforced 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 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.
    (2) A notice will be published in the Federal Register reporting 
when events in paragraph (d)(1)(i) or (d)(1)(ii) have occurred.
    (3) The Captain of the Port of Honolulu will cause notice of the 
enforcement of the security zones listed in paragraph (d)(1) of this 
section and notice of suspension of enforcement to be made by 
appropriate means to affect the widest publicity, including the use of 
broadcast notice to mariners and publication in the local notice to 
mariners.
    (e) Informational notices. The Captain of the Port will cause 
notice of the presence of the security zones established in paragraph 
(a)(2) of this section, Honolulu Harbor Anchorages B, C, and D, to be 
made by appropriate means to affect the widest publicity, including the 
use of broadcast notice to mariners and publication in the local notice 
to mariners.
    (f) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other Captain of the Port representative permitted by 
law, may enforce the rules in this section.
    (g) Waiver. The Captain of the Port, 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 is 
unnecessary or impractical for the purpose of port and maritime 
security.
    (h) Penalties. Vessels or persons violating this section are 
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

0
3. Add Sec.  165.1408 to read as follows:


Sec.  165.1408  Security Zones; Maui, HI.

    (a) Location. The following areas, from the surface of the water to 
the ocean floor, are security zones that are activated and enforced 
subject to the provisions in paragraph (c):
    (1) Kahului Harbor, Maui. All waters extending 100 yards in all 
directions from each large cruise ship 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.
    (2) Lahaina, Maui. All 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

[[Page 75041]]

28460). The security zone around each LCS is activated 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 3-mile enforcement area.
    (b) 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.
    (c) Regulations. (1) Under 33 CFR 165.33, entry into the security 
zones established by this section is prohibited unless authorized by 
the Coast Guard Captain of the Port, Honolulu or his or her designated 
representatives. When authorized passage through an LCS 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 
his or her designated representatives. No person is allowed within 100 
yards of a large cruise ship that is underway, moored, position-
keeping, or at anchor in any of the areas described by paragraph (a) of 
this section unless authorized by the Captain of the Port or his or her 
designated representatives.
    (2) When conditions permit, the Captain of the Port, or his or her 
designated representatives, may permit vessels that are at anchor, 
restricted in their ability to maneuver, or constrained by draft to 
remain within an LCS security zone in order to ensure navigational 
safety.
    (3) Persons desiring to transit the areas of the security zones in 
this section may contact the Captain of the Port at Command Center 
telephone number (808) 842-2600 or on VHF channel 16 (156.8 Mhz) to 
seek permission to transit the area. Written requests may be submitted 
to the Captain of Port, U.S. Coast Guard Sector Honolulu, Sand Island 
Access Road, Honolulu, Hawaii 96819, or faxed to (808) 842-2622. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his or her designated 
representatives. For all seaplane traffic entering or transiting the 
security zones, compliance with all Federal Aviation Administration 
regulations (14 CFR parts 91 and 99) regarding flight-plan approval is 
deemed adequate permission to transit the waterway security zones 
described in this section.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other Captain of the Port representative permitted by 
law, may enforce the rules in this section.
    (e) Waiver. The Captain of the Port, 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 is 
unnecessary or impractical for the purpose of port and maritime 
security.
    (f) Penalties. Vessels or persons violating this section are 
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

0
4. Add Sec.  165.1409 to read as follows:


Sec.  165.1409  Security Zones; Hawaii, HI.

    (a) Location. The following areas, from the surface of the water to 
the ocean floor, are security zones that are activated and enforced 
subject to the provisions in paragraph (c):
    (1) Hilo Harbor, Hawaii. All waters extending 100 yards in all 
directions from each large cruise ship 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.
    (2) Kailua-Kona, Hawaii. All 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 is activated 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.
    (b) 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.
    (c) Regulations. (1) Under 33 CFR 165.33, entry into the security 
zones established by this section is prohibited unless authorized by 
the Coast Guard Captain of the Port, Honolulu or his or her designated 
representatives. When authorized passage through an LCS 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 
his or her designated representatives. No person is allowed within 100 
yards of a large cruise ship that is underway, moored, position-
keeping, or at anchor in any of the areas described by paragraph (a) of 
this section unless authorized by the Captain of the Port or his or her 
designated representatives.
    (2) When conditions permit, the Captain of the Port, or his or her 
designated representatives, may permit vessels that are at anchor, 
restricted in their ability to maneuver, or constrained by draft to 
remain within an LCS security zone in order to ensure navigational 
safety.
    (3) Persons desiring to transit the areas of the security zones in 
this section may contact the Captain of the Port at Command Center 
telephone number (808) 842-2600 or on VHF channel 16 (156.8 Mhz) to 
seek permission to transit the area. Written requests may be submitted 
to the Captain of Port, U.S. Coast Guard Sector Honolulu, Sand Island 
Access Road, Honolulu, Hawaii 96819, or faxed to (808) 842-2622. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his or her designated 
representatives. For all seaplane traffic entering or transiting the 
security zones, compliance with all Federal Aviation Administration 
regulations (14 CFR parts 91 and 99) regarding flight-plan approval is 
deemed adequate permission to transit the waterway security zones 
described in this section.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other Captain of the Port representative permitted by 
law, may enforce the rules in this section.
    (e) Waiver. The Captain of the Port, 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 is 
unnecessary or impractical for the purpose of port and maritime 
security.
    (f) Penalties. Vessels or persons violating this section are 
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

0
5. Add Sec.  165.1410 to read as follows:


Sec.  165.1410  Security Zones; Kauai, HI.

    (a) Location. The following areas, from the surface of the water to 
the ocean floor, are security zones that are activated and enforced 
subject to the provisions in paragraph (c):
    (1) Nawiliwili Harbor, Lihue, Kauai. All waters extending 100 yards 
in all directions from each large cruise ship in Nawiliwili Harbor, 
Kauai, HI or within 3 nautical miles seaward of the Nawiliwili Harbor 
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.
    (2) Port Allen, Kauai. All waters extending 100 yards in all 
directions from each large cruise ship in Port Allen, Kauai, HI or 
within 3 nautical

[[Page 75042]]

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.
    (b) 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.
    (c) Regulations. (1) Under 33 CFR 165.33, entry into the security 
zones established by this section is prohibited unless authorized by 
the Coast Guard Captain of the Port, Honolulu or his or her designated 
representatives. When authorized passage through an LCS 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 
his or her designated representatives. No person is allowed within 100 
yards of a large cruise ship that is underway, moored, position-
keeping, or at anchor in any of the areas described by paragraph (a) of 
this section unless authorized by the Captain of the Port or his or her 
designated representatives.
    (2) When conditions permit, the Captain of the Port, or his or her 
designated representatives, may permit vessels that are at anchor, 
restricted in their ability to maneuver, or constrained by draft to 
remain within an LCS 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) 842-2600 or on VHF channel 16 (156.8 Mhz) to seek permission to 
transit the area. Written requests may be submitted to the Captain of 
Port, U.S. Coast Guard Sector Honolulu, Sand Island Access Road, 
Honolulu, Hawaii 96819, or faxed to (808) 842-2622. If permission is 
granted, all persons and vessels must comply with the instructions of 
the Captain of the Port or his or her designated representatives. For 
all seaplane traffic entering or transiting the security zones, 
compliance with all Federal Aviation Administration regulations (14 CFR 
parts 91 and 99) regarding flight-plan approval is deemed adequate 
permission to transit the waterway security zones described in this 
section.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other Captain of the Port representative permitted by 
law, may enforce the rules in this section.
    (e) Waiver. The Captain of the Port, 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 is 
unnecessary or impractical for the purpose of port and maritime 
security.
    (f) Penalties. Vessels or persons violating this section are 
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: December 8, 2005.
C.D. Wurster,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard 
District.
[FR Doc. 05-24195 Filed 12-16-05; 8:45 am]
BILLING CODE 4910-15-P