[Federal Register Volume 73, Number 47 (Monday, March 10, 2008)]
[Rules and Regulations]
[Pages 12637-12639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4681]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0083]
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 would be prohibited 
unless authorized by the Captain of the Port (COTP) Honolulu.

DATES: This rule is effective from March 1, 2008, through March 31, 
2008. The Coast Guard will accept comments on this rule through March 
31, 2008.

ADDRESSES: You may submit comments and related material, identified by 
Coast Guard docket number USCG-2008-0083, by any of the four methods 
listed below. To avoid duplication, please use only one of the 
following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.
    Documents indicated in this preamble as being available in the 
docket are part of docket  USCG-2008-0083 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

    On January 28, 2008, we published a temporary final rule entitled 
Safety Zone; Molokini Crater, Maui, HI in the Federal Register (73 FR 
4695), docket number USCG-2007-0128. We intended that safety zone to 
safeguard the same EOD that this rule addresses. Adverse weather 
prevented the EOD from occurring within the effective period of that 
first safety zone, so this rule is now necessary. We received no 
comments on the first safety zone. No public meeting was requested, and 
none was held.
    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 March 31, 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 19477), or you may visit http://DocketsInfo.dot.gov.

Background and Purpose

    During a site 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 March 1, through 
March 31, 2008, but will be enforced for periods of 10 hours or less on 
the effective dates. Unpredictable weather and sea states make a broad 
date and time range necessary to safely complete

[[Page 12638]]

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 
proposed rule would be 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 section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
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 security 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 the 
rule would 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 proposed rule would call 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 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 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 would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the

[[Page 12639]]

Instruction, from further environmental documentation because it is a 
safety zone. A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be 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, and 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.T14-168 to read as follows:


Sec.  165.T14-168  Safety Zone; Molokini Crater, Maui, HI

    (a) Location. The following is a safety zone: All waters within the 
following geographic coordinates: 20-38.9N 156-28.5W; thence south to 
20-36.7N 156-28.5W; thence east to 20-36.7N 156-31.0W; thence north to 
20-38.9N 156-31.0W; thence west to 20-38.9N 156-28.5W, including all 
waters from the surface to the ocean floor.
    (b) Effective Dates. This rule is effective from March 1, 2008 
through March 31, 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: February 15, 2008.
B.A. Compagnoni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
 [FR Doc. E8-4681 Filed 3-7-08; 8:45 am]
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