[Federal Register Volume 72, Number 21 (Thursday, February 1, 2007)]
[Rules and Regulations]
[Pages 4639-4641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1611]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Honolulu 07-001]
RIN 1625-AA87


Security Zone; Waters Surrounding M/V TONG CHENG, 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 M/V TONG CHENG during its transit within the 
Honolulu Captain of the Port Zone. This security zone is necessary to 
protect the M/V TONG CHENG 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 12:01 a.m. (HST) on January 22, 
2007, until 11:59 p.m. (HST) on February 18, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Honolulu 07-001 and are available 
for inspection or copying at Coast Guard Sector Honolulu, 400 Sand 
Island Parkway, 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 security zone is 
established as part of the ongoing response operations relating to the 
M/V TONG CHENG. The Unified Command ordered this emergency procedure as 
soon as it was deemed necessary but not in time to complete full 
notice-and-comment rulemaking procedures, and the need for this 
temporary security zone was not determined until less than 30 days 
before the M/V TONG CHENG 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 M/V TONG CHENG's transit.

Background and Purpose

    On December 26, 2006, M/V TONG CHENG suffered damage to the number 
2 cargo hold at sea during heavy weather. Damage consisted of a 2.5 
foot fracture in the port shell. The Cargo hold had taken on 21 feet of 
water. The Vessel was enroute to Cuba via the Panama Canal. The Vessel 
altered course towards Honolulu seeking entry to effect repairs.
    Sector Honolulu formed a Unified Command with Customs and Border 
Protection, State of Hawaii and Responsible Party. Assets arranged 
under the Unified Command arrived on scene to conduct vessel damage 
assessment, source control, environmental assessment/mitigation and 
pollution investigation. Sector Honolulu coordinated with Marine Safety 
Center on vessel stability issues. The Unified Command plans to effect 
temporary repair of the hull damage in order to improve vessel 
stability for a safe transit to Honolulu Harbor for permanent repairs.
    Due to the unknown duration of repairs, M/V TONG CHENG's actual 
arrival 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 transit into Honolulu Harbor with as much public notice as 
possible.

Discussion of Rule

    This temporary security zone is effective from 12:01 a.m. (HST) on 
January 22, 2007, until 11:59 p.m. (HST) on February 18, 2007. 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 M/V TONG CHENG, from the surface of the water to the 
ocean floor. The security zone moves with M/V TONG CHENG while in 
transit. The security zone becomes fixed when M/V TONG CHENG is 
anchored, position-keeping, or moored. The security zone is anticipated 
to be activated and enforced for just a few days during its four-week 
effective period, however operations are constrained by safety and 
security of the vessel and crew as well as the potential for damage to 
the environment from an oil spill. A broadcast notice to mariners will 
be issued to notify the public of this activation and enforcement 
period as soon as possible. M/V TONG CHENG will have a Coast Guard 
escort from entry into the Captain of the Port Honolulu Zone till it 
arrives at Honolulu Harbor or alternate anchorage designated by the 
Captain of the Port Honolulu.
    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

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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 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 M16475.1D, 
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. An ``Environmental Analysis Check List'' 
and ``Categorical Exclusion Determination (CED)'' are available in the 
docket where indicated under ADDRESSES.

List of Subjects in 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.T14-152 to read as follows:


Sec.  165.T14-152  Security zone; waters surrounding M/V TONG CHENG, 
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 M/V TONG CHENG. The security 
zone moves with M/V TONG CHENG while it is in transit and becomes fixed 
when M/V TONG CHENG is anchored, position-keeping, or moored.

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    (b) Effective period. This section is effective from 12:01 a.m. 
(HST) on January 22, 2007, until 11:59 p.m. (HST) on February 18, 2007.
    (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.
    (d) Enforcement. The Coast Guard will begin enforcement of the 
security zone described in this section upon M/V TONG CHENG's arrival 
into the Captain of the Port Honolulu Zone.
    (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 section 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 section are 
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: January 21, 2007.
V.B. Atkins,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. E7-1611 Filed 1-31-07; 8:45 am]
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