[Federal Register Volume 75, Number 143 (Tuesday, July 27, 2010)]
[Rules and Regulations]
[Pages 43823-43825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18268]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0458]
RIN 1625-AA00


Safety Zone; He'eia Kea Small Boat Harbor, Kaneohe Bay, Oahu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final Rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in 
He'eia Kea Small Boat Harbor located in Kaneohe Bay, Oahu, Hawaii. The 
safety zone is necessary to protect watercraft and the general public 
from hazards associated with five vessels moored for approximately 3-
weeks off the boat harbor's main pier. Vessels desiring to transit 
through the zone can request permission by contacting the Captain of 
the Port Honolulu.

DATES: This rule is effective in the CFR on July 27, 2010 through 7:00 
p.m. on August 13, 2010. This rule is effective with actual notice for 
purposes of enforcement on 5 a.m. on July 16, 2010. This rule will 
remain in effect through 7 p.m. on August 13, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0458 and are available online 
by going to http://www.regulations.gov/, inserting USCG-2010-0458 in 
the ``Keyword'' box, and then clicking ``Search.'' They are also 
available for inspection or copying at the 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, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays

SUPPLEMENTARY INFORMATION: 

[[Page 43824]]

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. This is because it would be impracticable 
for the Coast Guard to publish an NPRM and final rule before the zone 
is needed on July 16, 2010.
    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. There is a need to establish the 
safety zone before July 16, 2010, in order to protect watercraft and 
the general public from hazards associated with fixed moorings and 
stationary vessels in the harbor.

Basis and Purpose

    In 2009, Fourth Mate Productions formally proposed mooring five 
vessels in and around He'eia Kea Small Boat Harbor and main pier with 
the State of Hawaii's permission and after meeting with numerous local 
users and environmental and boating agency officials.
    In June 2010 and after all environmental and permitting 
requirements were met, Fourth Mate Productions was given permission to 
place moorings and five stationary vessels in He'eia Kea Small Boat 
Harbor.
    Due to He'eia Kea Small Boat Harbor's heavy traffic during daylight 
hours, the Coast Guard determined that a safety zone was appropriate to 
ensure safe and orderly transit around the moorings and five stationary 
vessels by all other watercraft and the general public.

Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone in He'eia 
Kea Small Boat Harbor located in Kaneohe Bay, Oahu, Hawaii. This safety 
zone is in the shape of a box bounded by the points: 21[deg]26'30.9'' 
N, 157[deg]48'40.4'' W; 21[deg]26'53.4'' N, 157[deg]48'33.8'' W (aka 
Light 2); 21[deg]26'40.9'' N, 157[deg]48'10.5'' W, and 
21[deg]26'30.4'' N, 157[deg]48'20.57'' W (aka Kealohi Pt) thence along 
the coast to the beginning point. The zone will extend from the surface 
of the water to the ocean floor. The zone will be enforced from 5 a.m. 
on July 16, 2010, through 7 p.m. on August 13, 2010.
    Entry into or remaining in the safety zone will be prohibited 
unless authorized by the Coast Guard Captain of the Port Honolulu zone. 
Vessels desiring to transit through the zone can request permission by 
contacting the Honolulu Captain of the Port on VHF Channel 81A or at 
phone numbers 808-563-9906 and 808-842-2600.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    This zone will have not have a significant impact on the harbor's 
commercial use since nearly all the westward and eastward portions of 
the small boat harbor will remain open for business. Furthermore, 
vessels will be able to transit in the temporary safety zone with 
permission from the Captain of the Port, and escort vessels will be 
freely available on a case by case basis and once entry into the safety 
zone is granted.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would 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 
would not have a significant economic impact on a substantial number of 
small entities. This rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels using 
the He'eia Kea Small Boat Harbor between July 16 and August 13, 2010. 
This safety zone will not have a significant economic impact on a 
substantial number of small entities because this rule will only be in 
effect for a limited period of time, vessels will be able to transit 
around the safety zone, and will be allowed to transit in and around 
the temporary safety zone in He'eia Kea Small Boat Harbor with 
prearranged vessel escorts once permission to transit the zone is 
granted.

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 the rule so that they can 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). 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 would either preempt State law or impose 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 (adjusted for 
inflation) or more in any one year. Though this rule would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

[[Page 43825]]

Taking of Private Property

    This rule will not cause 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 would be 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves establishing, 
disestablishing, or changing Regulated Navigation Areas and security or 
safety zones. An environmental analysis checklist and a 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 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard is amending 
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, 3306, 
3703; 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.T14-199 to read as follows:


Sec.  165.T14-205  Safety Zone; He'eia Kea Small Boat Harbor, Kaneohe 
Bay, Oahu, Hawaii.

    (a) Location. The following area is a temporary safety zone: All 
waters contained within a specified area around five moored vessels in 
the He'eia Kea Small Boat Harbor located in Kaneohe Bay, Oahu, Hawaii. 
This safety zone is bounded by the points: 21[deg]26'30.9'' N, 
157[deg]48'40.4'' W; 21[deg]26'53.4'' N, 157[deg]48'33.8'' W (aka Light 
2); 21[deg]26'40.9'' N, 157[deg]48'10.5'' W, and 
21[deg]26'30.4'' N, 157[deg]48'20.57'' W (aka Kealohi Pt) thence along 
the coast to the beginning point. This safety zone extends from the 
surface of the water to the ocean floor.
    These coordinates are based upon the National Oceanic and 
Atmospheric Administration Coast Survey, Pacific Ocean, Oahu, Hawaii, 
chart 19359.
    (b) Regulations. (1) Entry into or remaining in the safety zone 
described in paragraph (a) of this section is prohibited unless 
authorized by the Coast Guard Captain of the Port Honolulu zone.
    (2) Persons desiring to transit in the safety zone may contact the 
Honolulu Captain of the Port on VHF channel 81A (157.075 MHz), VHF 
channel 16 (156.800 MHz), or at telephone numbers 1-808-563-9906 and 
808-842-2600 to seek permission to transit the area with a designated 
escort vessel. If permission is granted, all persons and vessels must 
comply with the instructions of the Captain of the Port or his or her 
designated representative.
    (c) Effective period. This rule is effective from 5:00 a.m. local 
(HST) time on July 16, 2010 through 7:00 p.m. local (HST) time on 
August 13, 2010.
    (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 and personnel, or other vessels 
authorized by the Captain of the Port or his designated 
representatives.
    (e) Penalties. Vessels or persons violating this rule would be 
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: June 24, 2010.
R.E. McFarland,
Commander, U.S. Coast Guard, Acting Captain of the Port Honolulu.
[FR Doc. 2010-18268 Filed 7-26-10; 8:45 am]
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