[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Rules and Regulations]
[Pages 67057-67059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19557]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Honolulu 06-007]
RIN 1625-AA00
Safety Zone; Kealakekua Bay, HI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
Kealakekua Bay on the Island of Hawaii. This zone is established at the
request of the Hawaii County Civil Defense due to mudslides and falling
rocks. These falling rocks present a hazard to users of Kealakekua Bay.
Entry of persons or vessels into this temporary safety zone is
prohibited unless authorized by the Captain of the Port (COTP).
DATES: This rule is effective from 10 a.m. (HST) on October 25, 2006
until 12 a.m. (HST) on April 18, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket COTP Honolulu 06-007 and are available
for inspection or copying at Coast Guard Sector Honolulu, 433 Ala Moana
Blvd, Honolulu, HI 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
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. This zone is established due
to reports of mudslides and falling rocks in Kealakekua Bay causing an
immediate danger to the public. Publishing an NPRM and delaying the
effective date would be contrary to the public safety. For the same
reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. The COTP finds this good cause to
be the immediate need for a safety zone to protect the public.
Background and Purpose
On October 15, 2006, a 6.7-magnitude earthquake occurred at 7:08 am
(HST) with an epicenter approximately 10
[[Page 67058]]
miles NNW of Kailua-Kona Bay on the island of Hawaii. The Hawaii County
Civil Defense requested a safety zone after initial damage assessment
reports of mudslides and falling rocks in Kealakekua Bay. In response,
COTP Honolulu established a preliminary safety zone in Kealakekua Bay
from the shore line to a line drawn from the lighthouse on Ka'awaloa
Cove to the Hikiau Heiau landmark on Napo'opo'o Beach. As part of the
ongoing damage assessments, the State of Hawaii has requested that the
safety zone be reduced in size. The COTP will publish a final rule in
the Federal Register to cancel this zone prior to its expiration date
if future damage assessments indicate that the danger to the public
from falling rocks and debris no longer exists.
Discussion of Rule
This temporary safety zone is effective from 10 a.m. (HST) on
October 25, 2006 until 12 a.m. on April 18, 2007 unless cancelled
earlier by the Captain of the Port. It is located in the waters of
Hawaii Island's Kealakekua Bay between the shore and a line drawn from
the Captain Cook Monument to the Hikiau Heiau landmark on Napo'opo'o
Beach, from the surface of the water to the ocean floor.
The general regulations governing safety zones contained in 33 CFR
165.23 apply. Entry into, transit through or anchoring within this zone
is prohibited unless authorized by the Captain of the Port or a
designated representative thereof. The Captain of the Port will cause
notice of the enforcement of the safety zone described in this section
to be made by broadcast notice to mariners. Any Coast Guard
commissioned, warrant, or petty officer, and any other Captain of the
Port representative permitted by law, may enforce the zone. The Captain
of the Port may waive any of the requirements of this rule for any
person, vessel, or class of vessel upon finding that application of the
safety zone is unnecessary or impractical for the purpose of maritime
security. Vessels or persons violating this rule are subject to the
penalties set forth in 33 U.S.C. 1232.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under Sec.
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under Sec.
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
limited duration of the zone and the limited geographic area affected
by it.
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. We expect that there will be little or no impact to small
entities due to the narrowly tailored scope of this safety zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer 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 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
[[Page 67059]]
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.lD,
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. An ``Environmental Analysis Check List''
and ``Categorical Exclusion Determination (CED)'' are available in the
docket where indicated under ADDRESSES.
List of Subjects 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed 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. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a new Sec. 165.T14-149 to read as follows:
Sec. 165.T14-149 Safety zone; Kealakekua Bay, HI.
(a) Location. The following area, in U.S. navigable waters within
the Honolulu Captain of the Port Zone (See 33 CFR 3.70-10), from the
surface of the water to the ocean floor, is a safety zone: All waters
of Kealakekua Bay from the shore to a line drawn from the Captain Cook
Monument to the Hikiau Heiau landmark on Napo'opo'o Beach.
(b) Effective dates. This safety zone is effective from 10 a.m.
(HST) on October 25, 2006 until 12 a.m. (HST) on April 18, 2007.
(c) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.23 apply. Entry into, transit through, or
anchoring within this zone is prohibited unless authorized by the
Captain of the Port or a designated representative thereof.
(d) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other Captain of the Port representative permitted by
law, may enforce this temporary safety zone.
(e) Waiver. The Captain of the Port may waive any of the
requirements of this rule for any person, vessel, or class of vessel
upon finding that application of the safety zone is unnecessary or
impractical for the purpose of maritime security.
(f) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232.
Dated: October 25, 2006.
V.B. Atkins,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. E6-19557 Filed 11-17-06; 8:45 am]
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