[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Rules and Regulations]
[Pages 4695-4697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-354]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2007-0128]
RIN 1625-AA00


Safety Zone; Molokini Crater, Maui, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
Molokini Crater, in waters south of the island of Maui, HI. This zone 
is necessary to protect rescue and security assets, air crews, and the 
general public from hazards associated with an explosive ordnance 
disposal (EOD) process scheduled to take place on Molokini Crater. 
Entry of persons or vessels into this safety zone is prohibited unless 
authorized by the Captain of the Port (COTP) Honolulu.

DATES: This rule is effective from January 27, 2008 through February 8, 
2008. The Coast Guard will accept comments on this rule through 
February 8, 2008.

ADDRESSES: You may submit comments and related material, identified by 
Coast Guard docket number USCG-2007-0128, by any of the four methods 
listed below. To avoid duplication, please use only one of the 
following methods:
    (1) Mail: Commanding Officer, U.S. Coast Guard Sector Honolulu, 400 
Sand Island Parkway, Honolulu, Hawaii 96819-4398.
    (2) Electronically: E-mail to Lieutenant (Junior Grade) Jasmin 
Parker at [email protected] using the subject line ``Comment--
Molokini Safety Zone.''
    (3) Fax: (808) 522-8271.
    (4) Online: http://www.regulations.gov.
    Documents indicated in this preamble as being available in the 
docket are part of docket USCG-2007-0128 and are available for 
inspection and copying at U.S. 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) Jasmin 
Parker, 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 
temporary rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that 
good cause exists for not publishing an NPRM. It would be contrary to 
the public interest to delay implementing this temporary rule, as any 
delay might result in damage or injury to the public, vessels, and 
facilities in the area of Molokini Crater. For the same reasons, under 
5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for 
making this temporary rule effective less than 30 days after 
publication in the Federal Register.
    Although the Coast Guard has good cause to issue this temporary 
rule without first publishing a proposed rule, you are invited to 
submit post-promulgation comments and related material regarding this 
rule through February 8, 2008. All comments will be reviewed as they 
are received. Your comments will assist us in drafting future rules 
should they be necessary, and may cause us to change this temporary 
final rule before it expires.
    All comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have 
provided. We have an agreement with the Department of Transportation 
(DOT) for their Docket Management Facility to process online 
submissions to Coast Guard dockets. You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR

[[Page 4696]]

19477), or you may visit http://DocketsInfo.dot.gov.

Background and Purpose

    During a cite survey on Molokini Crater, surveyors discovered three 
pieces of unexploded ordnance requiring disposal. The Coast Guard, in 
consultation with the U.S. Fish and Wildlife Service, the State of 
Hawaii, the City and County of Maui, the U.S. Navy, and the Federal 
Aviation Administration, has determined it is necessary to close the 
area in the vicinity of Molokini Crater in order to minimize the 
dangers that fragmentation, explosive arcs, and possible fires may 
present to persons and vessels. Should such an incident occur, or in 
the event that EOD personnel would require emergency assistance, 
rescuers must have immediate and unencumbered access to the area. Also, 
vessels operating in the area might otherwise distract EOD and rescue 
personnel. The Coast Guard, through this action, intends to promote the 
safety of personnel, vessels, and facilities in the area of Molokini 
Crater.

Discussion of Rule

    This temporary safety zone encompasses all waters up to and within 
one nautical mile of the shoreline of Molokini Crater, from the surface 
of the water to the ocean floor. It is effective from January 27, 2008 
through February 8, 2008, but will be enforced for periods of ten hours 
or less on the effective dates. Unpredictable weather and sea states 
make a broad date and time range necessary to safely complete the EOD. 
Enforcement periods will be announced over marine band VHF channel 16 
prior to enforcement to ensure ample public notification. In accordance 
with the general regulations in 33 CFR part 165, subpart C, no person 
or vessel is permitted to enter or remain in the zone except for 
support vessels/aircraft and support personnel, or other vessels 
authorized by the Captain of the Port or his designated 
representatives. Vessels, aircraft, or persons in violation of 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.The Coast Guard expects the economic 
impact of this rule to be so minimal that a full Regulatory Evaluation 
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 impact to small entities 
due to the narrowly tailored scope of this safety zone.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If this 
rule will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant (Junior Grade) Jasmin 
Parker, U.S. Coast Guard Sector Honolulu at (808) 842-2600. The Coast 
Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

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 proposed 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 would 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 4697]]

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 Checklist'' 
and ``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record-
keeping 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, 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 Sec.  165.T14-165 to read as follows:


Sec.  165.T14-165  Safety Zone; Molokini Crater, Maui, HI.

    (a) Location. The following is a safety zone: All waters up to and 
within 1 nautical mile of the shoreline of Molokini Crater, from the 
surface of the water to the ocean floor.
    (b) Effective Dates. This rule is effective from January 27, 2008 
through February 8, 2008.
    (c) Suspension of Enforcement. The Coast Guard will suspend 
enforcement of the safety zone described in this section whenever 
explosive ordinance disposal work is not being performed in the 
vicinity. Advance notice of enforcement periods and suspension of 
enforcement will be announced over marine band VHF channel 16.
    (d) Regulations. In accordance with the general regulations in 33 
CFR part 165, Subpart C, no person or vessel may enter or remain in the 
zone except for support vessels/aircraft and support personnel, or 
other vessels authorized by the Captain of the Port or his designated 
representatives.
    (e) 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: January 10, 2008.
B.A. Compagnoni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 08-354 Filed 1-23-08; 4:28 pm]
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