[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Rules and Regulations]
[Pages 24022-24024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09517]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0272]
RIN 1625-AA00


Safety Zone; Pacific Ocean, North Shore Oahu, HI--Recovery 
Operations

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the navigable waters of the North Shore of Oahu approximately 2.5NM 
North West of Hale'iwa small boat harbor. The safety zone will 
encompass all waters extending one nautical mile in all directions 
around the location of ongoing salvage operations, as described below. 
The safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards associated with ongoing operations 
to salvage the remains of two downed helicopters in this area. A 
temporary safety zone was previously enforced in the same area from 
March 4, 2016 through April 01, 2016 to protect personnel, vessels, and 
the marine environment from the potential hazards associated with these 
salvage operations. A new temporary safety zone in the area is 
necessary to complete recovery of the debris from the helicopters. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Honolulu or 
his designated representative.

DATES: This rule is effective without actual notice from April 25, 2016 
through 3:00 p.m. (HST) on April 29, 2016. For the purposes of 
enforcement, actual notice will be used from 3:00 p.m. (HST) on April 
1, 2016 until April 25, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0272 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning this 
rule, call or email Lieutenant Commander Nicolas Jarboe, Waterways 
Management Division, U.S. Coast Guard Sector Honolulu at (808) 541-4359 
or [email protected], respectively.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    On January 15, 2016, the Coast Guard was informed of a helicopter 
crash off the North Shore of Oahu between Ka'Ena Point and Kahuku 
Point. The COTP Honolulu determined that potential hazards associated 
with the salvage efforts constitute a safety concern for anyone within 
the designated safety zone. This rule is

[[Page 24023]]

necessary to protect personnel, vessels, and the marine environment 
within the navigable waters of the safety zone while salvage operations 
remain on-going.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to the 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. An NPRM is impracticable because Sector 
Honolulu was notified on March 29, 2016 of the need for ongoing salvage 
operations in response to the mishap. Thus, delaying the effective date 
of this rule to wait for a comment period to run would be impracticable 
because it would inhibit the Coast Guard's ability to protect the 
public and vessels from the hazards associated with the on-going 
salvage operations.
    We are issuing this rule, and 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. 
For the same reasons discussed in the preceding paragraph, waiting for 
a 30 day notice period to run would be impracticable.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. On January 15, 2016, the Coast Guard was informed of a helicopter 
crash off the North Shore of Oahu between Ka'Ena Point and Kahuku 
Point. The COTP Honolulu determined that potential hazards associated 
with the salvage efforts constitute a safety concern for anyone within 
the designated safety zone. This rule is necessary to protect 
personnel, vessels, and the marine environment within the navigable 
waters of the safety zone while salvage operations remain on-going.

IV. Discussion of the Rule

    This rule establishes a safety zone from 3:00 p.m. (HST) on April 
1, 2016 through 3:00 p.m. (HST) on April 29, 2016, or until the salvage 
operations are complete, whichever is earlier. If the safety zone is 
terminated prior to April 29, 2016, the Coast Guard will provide notice 
via a broadcast notice to mariners. The safety zone is located within 
the COTP zone (See 33 CFR 3.70-10) and will encompass all waters 
extending one nautical mile in all directions around the location of 
the salvage operations being conducted in location 21[deg]38'01'' N., 
158[deg]07'54'' W. This zone extends from the surface of the water to 
the ocean floor and is intended to protect personnel, vessels, and the 
marine environment in these navigable waters from potential hazards 
associated with the salvage operations of two downed helicopters in 
this area. No vessel or person will be permitted to enter the safety 
zone absent the express authorization of the COTP or his designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues. The safety zone created by this rule will be 
relatively small and vessels can safely navigate around it. Under 
certain conditions, moreover, vessels may still transit through the 
safety zone when permitted by the Captain of the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on a 
substantial number of 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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments,

[[Page 24024]]

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. If you believe this 
rule has implications for federalism or Indian tribes, please contact 
the person listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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 will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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 (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 involves a safety zone with a duration of twenty eight days or 
until the salvage operations are complete. It is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction.

G. 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T14-1035 to read as follows:


Sec.  165.T14-1035  Safety Zone; Pacific Ocean, North Shore Oahu, HI--
Recovery Operations.

    (a) Location. The safety zone is located within the COTP zone (See 
33 CFR 3.70-10) and will encompass all waters extending one nautical 
mile in all directions around the location of the salvage operations 
being conducted in location 21[deg]38'01'' N., 158[deg]07'54'' W. This 
zone extends from the surface of the water to the ocean floor.
    (b) Enforcement period. This regulation will be enforced from 3:00 
p.m. (HST) on April 1, 2016 through 3:00 p.m. (HST) on April 29, 2016, 
or until the salvage operations are complete, whichever is earlier. If 
the safety zone is terminated prior 3:00 p.m. (HST) on April 29, 2016, 
the Coast Guard will provide notice via a broadcast notice to mariners.
    (c) Regulations. The general regulations governing safety zones 
contained in Sec.  165.20 apply to the safety zone created by this 
temporary section.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in this part.
    (2) Entry into or remaining in this zone is prohibited unless 
expressly authorized by the COTP or his designated representative.
    (3) Persons desiring to transit the safety zone identified in 
paragraph (a) of this section may contact the COTP at the Command 
Center telephone number (808) 842-2600 and (808) 842-2601, fax (808) 
842-2642 or on VHF channel 16 (156.8 Mhz) to seek permission to transit 
the zone. If permission is granted, all persons and vessels must comply 
with the instructions of the COTP or his designated representative and 
proceed at the minimum speed necessary to maintain a safe course while 
in the zone.
    (4) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone by Federal, State, and local agencies.
    (d) Notice of enforcement. The COTP will cause notice of the 
enforcement of the safety zone described in this section to be made by 
verbal broadcasts and written notice to mariners and the general 
public.
    (e) Definitions. As used in this section, designated representative 
means any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the COTP to assist in enforcing the safety zone 
described in paragraph (a) of this section.

    Dated: March 30, 2016.
S.N. Gilreath,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. 2016-09517 Filed 4-22-16; 8:45 am]
 BILLING CODE 9110-04-P