[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Rules and Regulations]
[Pages 63381-63383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24904]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing nine (9) permanent safety 
zones encompassing Hawaii's commercial harbors (Nawiliwili and Port 
Allen, Kauai; Barber's Point and Honolulu Harbor, Oahu; Kaunakakai, 
Molokai; Kaumalapau, Lanai; Kahului, 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: This rule is effective on November 25, 2013. This rule will be 
enforced when the Captain of the Port, Honolulu issues the order to 
evacuate any or all of Hawaii's nine commercial harbors in response to 
a tsunami warning. A written notice will be issued and a radio 
broadcast will be made when the Captain of the Port issues the 
evacuation order. This final rule will be enforced until the Captain of 
the Port lifts the evacuation order.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0021. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

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. 3352), 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

A. Regulatory History and Information

    The Coast Guard met with industry partners, commercial mariners, 
and recreational boaters during the creation of this rule. The Coast 
Guard then published a Notice of proposed rulemaking on May 17, 2013. 
No public meeting was requested and none was held. The Coast Guard 
received a total of one (1) comment during the notice and comment 
period which is addressed below.

B. Basis and Purpose

    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. A safety zone is a water area, shore area, or 
water and shore area, for safety or environmental purposes, access is 
limited to authorized persons, vehicles, or vessels.
    The purpose for this rule is to evacuate and close Hawaii's 
commercial harbors, collectively or individually, when a tsunami 
warning has been issued, in order to minimize the amount of vessel and 
port damage and a potential harbor blockage from a tsunami's 
destructive forces.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received a total of one comment on the referenced 
Notice of proposed rulemaking published May 17, 2013. What follows is a 
review of, and the Coast Guard's response to, the issues and questions 
that were presented by this commenter concerning the Notice of proposed 
rulemaking.

[[Page 63382]]

    The commenter recommended defining the boundary of each safety 
zone. In response to this comment, latitude/longitudes have been 
included for each individual safety zone as detailed in the 
``Location'' section of this rule.

D. Discussion of Final 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 commercial vessels from the closed harbors. 
Once the threat has passed and harbors have been assessed as safe for 
reentry and commercial navigation, the safety zones will be deactivated 
allowing vessels to transit the harbors in accordance with already 
established regulations.

E. Regulatory Analyses

    We developed this 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 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. These safety zones 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

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. 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. These safety zones 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, the safety zones 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 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.
    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.

4. Collection of Information

    This 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 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 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 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 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 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 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,

[[Page 63383]]

or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes.

12. Energy Effects

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

14. 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 determined 
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 from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination 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.

    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. 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 commercial harbors are safety zones:
    (1) All waters of Nawiliwili Harbor, Kauai inland from a line drawn 
between 21[deg] 56'58'' N, 159[deg] 21'28'' W and 21[deg] 57'11'' N, 
159[deg] 21'10'' W;
    (2) All waters of Port Allen, Kauai immediately adjacent to the 
Department of Transportation commercial pier (located at 21[deg] 
53'59'' N, 157[deg] 35'21'' W) extending out to 100 yards from the 
piers faces;
    (3) All waters of Barber's Point Harbor, Oahu inland from a line 
drawn between 21[deg] 19'30'' N, 158[deg] 07'14'' W and 21[deg] 19'18'' 
N, 158[deg] 07'18'' W;
    (4) All waters of Honolulu Harbor, Oahu inland from a line drawn 
between 21[deg] 17'56'' N, 157[deg] 52'15'' W and 21[deg] 17'45'' N, 
157[deg] 52'10'' W;
    (5) All waters of Kaunakakai Harbor, immediately adjacent to the 
Interisland Cargo Terminal or Ferry Terminal Pier out to 100 yards of 
the west face of the pier;
    (6) All waters of Kaumalapau Harbor, Lanai inland from a line drawn 
between 20[deg] 47'10'' N, 156[deg] 59'32'' W and 21[deg] 47'01'' N, 
156[deg] 59'31'' W;
    (7) All waters of Kahului Harbor, Maui inland from a line drawn 
between 20[deg] 54'01'' N, 156[deg] 28'26'' W and 20[deg] 54'02'' N, 
156[deg] 28'18'' W;
    (8) All waters of Kawaihae Harbor, Hawaii immediately adjacent to 
commercial piers 1 and 2 extending out to 100 yards from the piers 
faces.
    (9) All waters of Hilo Harbor, Hawaii immediately adjacent to 
commercial piers 1 and 2 extending out to 100 yards from the piers 
faces.
    (10) 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. These safety zones extend from the 
surface of the water to the ocean floor.
    (b) Regulations. When the safety zones are 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 
commercial vessels must evacuate the harbor and transit seaward beyond 
the 50 fathom (300 foot) curve. These commercial harbors will remain 
closed to all transiting vessels until the Captain of the Port Honolulu 
lifts the evacuation order. 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 zones and 
providing on-scene direction. Any vessel not capable of evacuating must 
contact the Coast Guard Sector Command Center at (808) 842-2601 to 
request a waiver from evacuating the harbor.
    (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 through the 
following means to ensure the widest publicity: Broadcast notice to 
mariners, notices of enforcement, press releases and the Coast Guard's 
Homeport Web site. Following the passage of the tsunami or tsunami 
threat and harbor assessments as required, 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.

    Dated: September 16, 2013.
S.N. Gilreath,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2013-24904 Filed 10-23-13; 8:45 am]
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