[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Proposed Rules]
[Pages 29089-29091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11753]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0021]
RIN 1625-AA00


Safety Zones; Hawaiian Island Commercial Harbors, HI

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent safety zones 
in Hawaii's nine commercial harbors (Nawiliwili and Port Allen, Kauai; 
Barber's Point and Honolulu Harbor, Oahu; Kaunakakai, Molokai; 
Kaumalapau, Lanai; Kahalui, Maui and Kawaihae and Hilo on the Island of 
Hawaii). The purpose of these safety zones is to expedite the 
evacuation of the harbors in the event a tsunami warning is issued for 
the main Hawaiian Islands.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 17, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Scott O. Whaley, Waterways 
Management Division, U.S. Coast Guard Sector Honolulu; telephone (808) 
522-8264 (ext. 352), email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Barbara 
Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2013-0021 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2013-0021 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    Tsunamis can occur at any time. There is no tsunami season. The 
destructive potential of a tsunami can take lives, cause millions of 
dollars in property damage, and alter sensitive ecologies. The tsunami 
generated by the 9.0 earthquake that struck Japan in 2011 reached 
Hawaiian shores in approximately seven hours. More recently, in 2012 a 
tsunami was generated by a 7.7 earthquake originating from the Queen 
Charlotte Islands of British Columbia. The surge created from this 
earthquake reached the Hawaiian shores in less than four hours. No time 
can be wasted in the evacuation of the harbors once a tsunami warning 
has been issued.
    The purpose for this rule is to evacuate and close Hawaii's 
commercial harbors, collectively or individually, after a tsunami 
warning has been issued. It is crucial to minimize the number of 
vessels in Hawaii's commercial harbors to reduce the amount of vessel 
and port damage and potential harbor blockage that could occur in the 
event of a tsunami reaching the shores of the Hawaiian Islands. All 
Hawaiian Islands rely heavily on their commercial harbors for receiving 
goods and services. Dedicated on-island commercial salvage assets are 
limited so blockage of a

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channel or harbor by a vessel that failed to evacuate could have 
devastating impacts on local residents for a significant period of 
time.
    The Coast Guard has met with industry partners, commercial 
mariners, and recreational boaters in the creation of this rule. 
Vessels are much safer at sea beyond the 300 feet or 50 fathom curve 
than in port during a tsunami.
    The statutory basis for this rulemaking is 33 U.S.C. 1231, which 
gives the Coast Guard, under a delegation from the Secretary of 
Homeland Security, regulatory authority to enforce the Ports and 
Waterways Safety Act.

C. Discussion of Proposed Rule

    This rule will create safety zones encompassing each of Hawaii's 
commercial harbors. In the event a tsunami warning is issued, the Coast 
Guard will enforce these safety zones, closing those harbors within the 
anticipated impact area of the tsunami. When the safety zones are 
activated for enforcement, no vessels will be permitted to enter the 
closed harbors. Enforcement of these safety zones will also trigger an 
immediate evacuation of the closed harbors. The harbors will remain 
closed until the Coast Guard reopens the specific harbor(s) impacted. 
Once the threat has passed and harbors have been assessed as safe for 
reentry of commercial navigation, the safety zones will be deactivated 
allowing vessels to transit the harbors in accordance with already 
established regulations.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This safety zone will 
only be activated for enforcement in the event the state of Hawaii is 
issued a tsunami warning for the safety of lives and property.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities. This safety zone would be activated, and thus subject 
to enforcement only when a tsunami warning is issued for the Main 
Hawaiian Islands. Once the threat has passed and harbors have been 
assessed as safe for reentry of commercial navigation, the safety zone 
will be deactivated allowing vessels to transit the harbors in 
accordance with already established regulations.
    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.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

9. Civil Justice Reform

    This proposed 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.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed 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.

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12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule will evacuate 
commercial harbors which anticipate tsunami impact. This rule is 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 14-1414 to read as follows:


Sec.  165. 14-1414   Safety Zones; Hawaiian Islands Commercial Harbors; 
HI.

    (a) Location. The following areas are safety zones: The commercial 
harbors of Nawiliwili and Port Allen, Kauai; Barber's Point and 
Honolulu Harbor, Oahu; Kaunakakai, Molokai; Kaumalapau, Lanai; Kahalui, 
Maui and Kawaihae and Hilo on the Island of Hawaii. The activation of 
these safety zones may include any combination of these harbors, or all 
of these harbors, dependent upon details in the tsunami warning. This 
safety zone extends from the surface of the water to the ocean floor.
    (b) Regulations. When the safety zone is activated and, therefore, 
subject to enforcement, no person or vessel may enter or remain in the 
safety zone except for support vessels, support personnel, and other 
vessels authorized by the Captain of the Port, Sector Honolulu (COTP), 
or a designated representative of the COTP. All other applicable 
regulations in 33 CFR 165 remain in effect and subject to enforcement. 
You may contact the Coast Guard on VHF Channel 16 (156.800 MHz) or at 
telephone number 808-842-2600 to obtain clarification on safety zone 
transits and locations. Coast Guard patrol boats will be enforcing the 
safety zone and providing on-scene direction.
    (c) Enforcement period. Paragraph (b) of this section will be 
enforced when a tsunami warning has been issued for the Hawaiian 
Islands. The COTP will notify the public of any enforcement, suspension 
of enforcement, or termination of enforcement through the following 
appropriate means to ensure the widest publicity: broadcast notice to 
mariners, notices of enforcement, press releases and Homeport. 
Following the passage of a tsunami and harbor assessments, de-
activation of these safety zones will be conducted through radio 
broadcast by the U.S. Coast Guard.
    (d) 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: April 6, 2013.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2013-11753 Filed 5-16-13; 8:45 am]
BILLING CODE 9110-04-P