[Federal Register Volume 71, Number 231 (Friday, December 1, 2006)]
[Rules and Regulations]
[Pages 69484-69486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20355]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Honolulu 06-008]
RIN 1625-AA87


Security Zone; Waters Surrounding U.S. Forces Vessel SBX-1, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary 500-yard moving 
security zone around the U.S. Forces vessel SBX-1 during transit within 
the Honolulu Captain of the Port Zone. This security zone is necessary 
to protect the SBX-1 from hazards associated with vessels and persons 
approaching too close during transit. Entry of persons or vessels into 
this temporary security zone is prohibited unless authorized by the 
Captain of the Port (COTP).

DATES: This rule is effective from 12 a.m. (noon) (HST) on November 13, 
2006, until 11:59 p.m. (HST) on December 3, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Honolulu 06-008 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

    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. The Coast Guard was not given 
the final voyage plan in time to complete full notice-and-comment 
rulemaking procedures, rulemaking, and the need for this temporary 
security zone was not determined until less than 30 days before the 
SBX-1 will require the protection provided by this rule. Publishing an 
NPRM and delaying the effective date would be contrary to the public 
interest since the transit would occur before completion of the notice-
and-comment rulemaking process, thereby jeopardizing the security of 
the people and property associated with the operation. 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 
security zone to allay the waterborne security threats surrounding the 
SBX-1's transit.

Background and Purpose

    On October 6, 2006, the SBX-1 entered the Honolulu Captain of the 
Port Zone and transited to Pearl Harbor, HI for repairs. On October 5, 
2006, the Coast Guard issued a temporary final rule (COTP Honolulu 06-
006; Sec.  165.T14-148 Security zone; waters surrounding U.S. Forces 
vessel SBX-1, HI) to protect the vessel during transit. That rule 
expired at 6 p.m. on October 11, 2006, and is scheduled to be published 
with other temporary rules that expired before they could be published 
full-text in the Federal Register. Due to the unknown duration of 
repairs, the SBX-1's actual departure date and time will not be known 
in advance. The Coast Guard is establishing this security zone to 
ensure that the vessel is protected during its upcoming departure from 
Pearl Harbor with as much public notice as possible.

Discussion of Rule

    This temporary security zone is effective from 12 a.m. (noon) (HST) 
on November 13, 2006, until 11:59 p.m. (HST) on December 3, 2006. It is 
located within the Honolulu Captain of the Port Zone (See 33 CFR 3.70-
10) and covers all U.S. navigable waters extending 500 yards in all 
directions from the U.S. Forces vessel SBX-1, from the surface of the 
water to the ocean floor. The security zone moves with the SBX-1 while 
in transit. The security zone becomes fixed when the SBX-1 is anchored, 
position-keeping, or moored. The security zone will be activated and 
enforced for just a few days during its three-week effective period. A 
broadcast notice to mariners will be issued to notify the public of 
this activation and enforcement period as soon as possible. If the 
Coast Guard has at least 48 hours notice of the movement of the SBX-1, 
the broadcast notice to mariners will be published giving the public 48 
hours notice of the enforcement period commencement. From the 1 and 2 
buoy for Pearl Harbor until it departs the COTP zone, SBX-1 is expected 
to have a Coast Guard escort.
    The general regulations governing security zones contained in 33 
CFR 165.33 apply. Entering into, transiting 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 security 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 security 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 and 50 U.S.C. 192.

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, the limited geographic area affected by 
it, and its ability to move with the protected vessel.

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

[[Page 69485]]

expect that there will be little or no impact to small entities due to 
the narrowly tailored scope of this security 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 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.

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 temporary Sec.  165.T14-150 to read as follows:


Sec.  165.T14-150  Security zone; waters surrounding U.S. Forces vessel 
SBX-1, 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 security zone: All waters 
extending 500 yards in all directions from U.S. Forces vessel SBX-1. 
The security zone moves with the SBX-1 while it is in transit and 
becomes fixed when the SBX-1 is anchored, position-keeping, or moored.
    (b) Effective period. This security zone is effective from 12 a.m. 
(noon) (HST) on November 13, 2006, until 11:59 p.m. (HST) on December 
3, 2006.
    (c) Regulations. The general regulations governing security zones 
contained in 33 CFR 165.33 apply. Entering into, transiting through, or 
anchoring within this zone is prohibited unless authorized by the 
Captain of the Port or a designated representative thereof.

[[Page 69486]]

    (d) Enforcement. The Coast Guard will begin enforcement of the 
security zone described in this section upon the SBX-1's departure from 
Pearl Harbor, HI.
    (e) Informational notice. The Captain of the Port of Honolulu will 
cause notice of the enforcement of the security zone described in this 
section to be made by broadcast notice to mariners.
    (f) Authority to enforce. Any Coast Guard commissioned, warrant, or 
petty officer, and any other Captain of the Port representative 
permitted by law, may enforce this temporary security zone.
    (g) 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 security zone is unnecessary or 
impractical for the purpose of maritime security.
    (h) Penalties. Vessels or persons violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: November 3, 2006.
V. B. Atkins,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
 [FR Doc. E6-20355 Filed 11-30-06; 8:45 am]
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