[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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