[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Rules and Regulations]
[Pages 11322-11325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04352]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0080]
RIN 1625-AA11


Regulated Navigation Area; Southern Oahu Tsunami Vessel 
Evacuation Honolulu, HI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent regulated 
navigation area (RNA) in the waters off Southern Oahu, Hawaii, 
enforcement of which will take place only when a tsunami warning is 
issued for the Hawaiian Islands by the Pacific Tsunami Warning Center. 
Tsunami warnings require the evacuation of a large number of vessels 
from their respective harbors. Following the evacuation, these vessels 
must remain offshore until the emergency situation has passed and the 
harbors have been deemed safe for reentry. Past tsunami warnings have 
created potentially dangerous offshore traffic congestion between 
commercial and recreational vessel traffic. Because of this, designated 
vessel traffic staging areas are necessary for a safe and orderly 
evacuation of Southern Oahu ports.

DATES: This rule is effective March 31, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0080. 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 Whaley of the United States 
Coast Guard Sector Honolulu at 808-522-8264 ext. 3352 or 
[email protected], respectively. 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
SNPRM Supplemental Notice of Proposed Rulemaking
RNA Regulated Navigation Area

A. Regulatory History and Information

    The Coast Guard collaborated with the Hawaii Ocean Safety Team, the 
Industry Advisory Board and other industry partners in the initial 
development of this rule. On May 14, 2013, the Coast Guard published an 
NPRM in the Federal Register (78 FR 28170). The Coast Guard received a 
number of comments which, after careful consideration, prompted the 
Coast Guard to make significant changes to the originally proposed 
rule. On October 3, 2013, the Coast Guard published an SNPRM in the 
Federal Register (78 FR 61223), under the same docket number, which 
reflected changes from the original rule proposed based on comments 
received on the NPRM. The Coast Guard received a total of one comment 
on the SNPRM. That comment, along with the comments received during the 
initial NPRM state, are posted, without change, at http://www.regulations.gov. To view the comments in full go to http://www.regulations.gov, insert USCG-2012-0080 in the ``SEARCH'' box, and 
then click ``SEARCH.'' The following link will take you directly to the 
docket: http://www.regulations.gov/#!docketDetail;D=USCG-2012-0080.

B. Basis and Purpose

    The purpose of this rule is to provide vessels with an off-shore 
area to loiter in the event of a tsunami warning for Southern Oahu. In 
the event of a tsunami threat, both recreational vessels and commercial 
vessels may desire or be mandated to leave port to avoid potential 
damage to their vessel and the port. The creation of an off-shore area 
for vessels to loiter in an organized fashion is important to decrease 
confusion and unsafe conditions during the tsunami threat. This 
regulated navigation area is also crafted to decrease potentially 
dangerous off-shore traffic congestion between commercial and 
recreational vessel traffic by separating these classes of vessels.
    The Coast Guard has met with industry partners, commercial 
mariners, and recreational boaters in the creation of this rule.
    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 regulated navigation area is a water area 
within a defined boundary for which regulations for vessels navigating 
within the area have been established to mitigate potentially hazardous 
conditions, such as vessel congestion, deemed to exist in that area. 
The purpose of this rulemaking is to provide greater safety for vessels 
and maritime commerce in the event of a tsunami threat.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received a total of one comment on the SNPRM 
published on October 3, 2013, in the Federal Register.
    The commenter suggested changes to the rule to more accurately 
reflect use of the 50-fathom curve as a point of reference. The 
coordinates of the RNA and staging areas have been modified to reflect 
a more accurate use of the 50-fathom line as the northern-most border 
for the RNA. Other non-substantive edits, intending only to simplify 
the language, were made to the final rule.

D. Discussion of the Final Rule

    Honolulu Harbor has only one entrance for large commercial vessels 
and is the principle harbor of Hawaii's hub and spoke maritime commerce

[[Page 11323]]

system. If, during an emergency, a marine incident were to occur off 
the southern shore of Oahu, especially near the entrance of Honolulu 
Harbor, the results could be devastating to Hawaii's economy and the 
maritime commerce system and the constituencies that rely heavily upon 
the system's viability.
    Earthquakes off Chile and Japan in February 2010 and March 2011, 
respectively, resulted in tsunami threats to the Main Hawaiian Islands. 
These incidents emphasized the need to establish heightened safety 
measures, to ensure an orderly and organized evacuation plan, in order 
to protect the infrastructure of the southern coast of Oahu, Hawaii, 
including Honolulu Harbor.
    In response to this risk, the Coast Guard is establishing a 
regulated navigation area designated as the Southern Oahu Tsunami 
Evacuation zone.
    In the event of a tsunami warning, the Coast Guard Captain of the 
Port (COTP) for Honolulu will notify the public that an enforcement 
period is in effect for the duration of the emergency. At the 
conclusion of the threat, the COTP will notify the public when the RNA 
enforcement period is suspended or terminated. The COTP will use all 
available means to notify the public about the enforcement and 
suspension of the RNA. Methods of communication include, but are not 
limited to, radio broadcasts via VHF-HF, Marine Safety Information 
Broadcasts (MSIB's), telephone and email.
    During the enforcement period, the COTP intends to deploy Coast 
Guard assets, if feasible, to ensure participating commercial and 
recreational vessels move to and stay within separate staging areas. 
Paragraph (b)(5) of Sec.  165.1413 identifies an exclusionary area that 
will separate staging areas. This exclusionary area will measure 3.7 
nautical miles long by one (1) nautical mile wide, centering lengthwise 
and along a line running seaward at 208 degrees southwest of the 
Honolulu Harbor Range light. When the RNA is being enforced, all 
vessels are required to remain outside the exclusionary area except for 
during transiting.
    Three staging areas, outside of the exclusionary area, will be 
established. There will be one recreational vessel staging area to the 
west of the exclusionary area. This recreational staging area is 
intended for recreational vessels departing from and returning to the 
Keehi Lagoon area or other areas to the west of Honolulu Harbor. The 
staging area east of the exclusionary area is divided into two areas; a 
commercial staging area and a second recreational vessel staging area. 
This eastern recreational vessel staging area is intended for use by 
recreational vessels departing from and returning to the Ala Wai Small 
Boat harbor and Kewalo Basin. Recreational vessels can use either the 
east or west staging area. The mariner's decision for which staging 
area to use should be based on which staging area is the easiest to 
transit to so as to avoid crossing the path of other vessels. The 
commercial vessel staging area is intended for use by all commercial 
vessels departing from and returning to Kewalo Basin and Honolulu 
Harbor.
    All vessels wishing to remain within this RNA while it is being 
enforced must stage in accordance with this rule. However, there is no 
requirement that any vessel, commercial or recreational, must remain in 
the RNA.
    A graphic of the regulated navigation area is posted on the United 
States Coast Guard Sector Honolulu Homeport Web page (https://homeport.uscg.mil/mycg/portal/ep/portDirectory.do?tabId=1&cotpId=27) 
under the Waterways Management tab and is also posted in the docket for 
this rulemaking. The graphic shows how we expect to separate commercial 
and recreational vessels when the RNA is being enforced, but under 
actual enforcement conditions local commanders may vary their response 
as conditions warrant.

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, because it 
would have an effect on the regulated public only in the rare 
circumstances of a tsunami threat, while at other times vessels will be 
able to transit the area freely. Therefore, it 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.

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 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. This rule would affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit and remain in the exclusionary zone during a tsunami threat, 
or owners or operators of vessels otherwise intending to operate in a 
fashion not compatible with this rule. This rule would not have a 
significant impact on a substantial number of small entities because 
the RNA would only be activated, and thus subject to enforcement, when 
a tsunami warning has been issued by the Pacific Tsunami Warning 
Center.
    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

[[Page 11324]]

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A final 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.

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 or more in any 
one year. Though this rule would not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

8. 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.

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

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

12. Energy Effects

    This action 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 made a 
preliminary determination that 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 
from further review under paragraph (34)(g) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist and a 
categorical exclusion determination are available in this docket.

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, 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.  165.1413 to read as follows:


Sec.  165.1413  Regulated navigation area; Southern Oahu Tsunami 
Evacuation; Honolulu, Hawaii.

    (a) Location. The following area is a regulated navigation area 
(RNA): All waters of the Pacific Ocean south of the southern side of 
Oahu, HI extending from the surface of the water to the ocean floor, 
and is bound by a line connecting the following points: 21[deg]17'14'' 
N, 157[deg]55'34'' W; 21[deg]13'30'' N, 157[deg]55'34'' W; 
21[deg]13'30'' N, 157[deg]48'20'' W; 21[deg]14'14'' N, 157[deg]48'20'' 
W thence westward along the 50-fathom line to the beginning point. 
These coordinates are based upon the National Oceanic and Atmospheric 
Administration Coast Survey, Pacific Ocean, Oahu, Hawaii, chart 19357.
    (b) Regulations. You may contact the Coast Guard on VHF Channel 16 
(156.800 MHz) or at telephone number 808-842-2600, to obtain 
clarification on RNA transits and locations. Operations permitting, the 
Coast Guard plans to provide on-scene direction using Coast Guard 
patrol boats and assets. During the enforcement period persons and 
vessels wishing to remain inside the RNA must abide by the following 
stipulations:
    (1) No person or vessel may enter into an exclusionary area 3.7 
nautical miles long by 1 nautical mile wide, centered lengthwise and 
along a line running seaward at 208 degrees southwest of Honolulu 
Harbor Front Range Light, except to transit to or from the staging 
areas or other areas outside the zone. Loitering or lingering in the 
exclusionary zone is prohibited.
    (2) The Western Recreational Vessel Staging area is bound by the 
following points: 21[deg]17'14'' N, 157[deg]55'34'' W; 21[deg]13'30'' 
N, 157[deg]55'34'' W; 21[deg]13'30'' N, 157[deg]55'17'' W; 
21[deg]16'46'' N, 157[deg]53'23'' W and then along the 50-fathom line 
to the beginning point. This staging area is intended for recreational 
vessels departing from and returning to the Keehi Lagoon area.
    (3) The Commercial Vessel Staging Area is bound by a line 
connecting the following points: 21[deg]16'48'' N, 157[deg]52'10'' W; 
21[deg]13'30'' N, 157[deg]54'05'' W; 21[deg]13'30'' N, 157[deg]51'36'' 
W; 21[deg]15'55'' N, 157[deg]50'58'' W and then along the 50-fathom 
line to the beginning point. This staging area is intended for use by 
all commercial vessels intended to remain in the RNA during a tsunami 
treat.
    (4) The Eastern Recreational Vessel Staging Area is bound by the 
following points: 21[deg]15'55'' N, 157[deg]50'58'' W; 21[deg]13'30'' 
N, 157[deg]51'36'' W; 21[deg]13'30'' N, 157[deg]48'20'' W; 
21[deg]14'14'' N, 157[deg]48'20'' W and then along the 50-fathom line 
to the beginning point. The Commercial Vessel Staging Area borders this 
staging area's western edge. The dividing line between the Commercial 
Vessel Staging Area and the Eastern Recreational Vessel Staging Area 
can be determined

[[Page 11325]]

visually. The private dayboards located in the Ala Wai Small Boat 
Harbor and the La Ronde Rotating Restaurant roof top restaurant form a 
natural range that mariners can use in daylight hours to gauge the 
eastern boundary of the Commercial Vessel Staging Area and the western 
boundary of the Eastern Recreational Vessel Staging Area. This eastern 
recreational staging area is intended for use by recreational vessels 
departing from and returning to the Ala Wai Small Boat harbor and 
Kewalo Basin.
    (5) Located between the Western Recreational Vessel Staging Area 
and the Commercial Vessel Staging Area is an Exclusion Area. This area 
is bound by the following points: 21[deg]16'46'' N, 157[deg]53'23'' W; 
21[deg]13'30'' N, 157[deg]55'17'' W; 21[deg]13'30'' N, 157[deg]54'05'' 
W; 21[deg]16'48'' N, 157[deg]52'10'' W and then along the 50-fathom 
line to the beginning point.
    (6) All vessels staging in the RNA must be seaward of the 50-fathom 
(300 foot) line.
    (c) Enforcement period. Paragraph (b) of this section will be 
enforced when a tsunami warning has been issued for the Hawaiian 
Islands by the Pacific Tsunami Warning Center. The COTP will notify the 
public of any enforcement, suspension of enforcement, or termination of 
enforcement through appropriate means to ensure the widest publicity, 
including the use of broadcast notice to mariners, notices of 
enforcement and press releases.
    (d) Penalties. Vessels or persons violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232.

    Dated: February 7, 2014.
C.B. Thomas
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard 
District.
[FR Doc. 2014-04352 Filed 2-27-14; 8:45 am]
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