[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Rules and Regulations]
[Pages 27011-27013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12163]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0421]
RIN 1625-AA00


Safety Zone; Pacific Ocean, Mamala Bay, Oahu, Hawaii--Hokulea 
Arrival

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary 500 yard safety 
zone around the sailing canoe HOKULEA for her return to Oahu from a 
three year worldwide voyage. HOKULEA is a culturally significant 
double-hulled sailing canoe modeled after the vessels that brought the 
first Polynesians to Hawaii. Thousands of people on various types of 
water craft, including surfboards, canoes, sailing vessels and motor 
vessels as well as swimmers, have come out to greet HOKULEA when she 
has returned to port in the past. This safety zone is necessary to 
protect personnel, vessels, and the marine environment from potential 
safety hazards associated with the anticipated large number of 
spectator craft expected to greet the sailing canoe HOKULEA upon her 
arrival. A moving 500 yard safety zone around the HOKULEA will be in 
place during her transit, starting when she passes abeam of Makapu'u 
light house and continuing through Mamala Bay to her mooring in the Ala 
Wai Harbor. Upon mooring, the moving safety zone will cease but a 
stationary 500 yard safety zone will be maintained around the HOKULEA 
until the conclusion of the HOKULEA arrival festivities. Entry of 
vessels or persons into the safety zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Honolulu or 
his designated representative. The Coast Guard will establish a command 
post at the entrance to the Ala Wai Harbor. This command post will 
maintain a list of all vessels with authorized moorings in the Ala Wai 
Harbor that will be allowed to transit the safety zone to depart from 
or return to these moorings. Vessels not on this list may request to 
transit the safety zone by contacting the COTP Honolulu or his 
designated representative.

DATES: This rule is effective from 5:30 a.m. (HST) on June 17, 2017 
through 10 p.m. (HST) on June 17, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
USCG-2017-0421 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 on 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
TFR Temporary Final Rule
U.S.C. United States Code

[[Page 27012]]

II. Background Information and Regulatory History

    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 Procedures 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 because the request for the moving safety 
zone was received by the Coast Guard on May 10, 2017. Immediate action 
is needed to prevent possible safety hazards associated with the large 
amount of vessel traffic expected to greet the sailing canoe HOKULEA in 
transit and within the small confines of Ala Wai Harbor. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by June 17, 2017.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest due to safety 
hazards associated with the large number of spectator craft expected to 
greet the sailing canoe HOKULEA when she arrives to Oahu on June 17, 
2017.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority of 33 
U.S.C. 1231. The Captain of the Port Honolulu has determined that 
potential hazards exists form the large number of spectator craft 
expected to greet the sailing canoe HOKULEA on June 17, 2017. This rule 
is needed to protect personnel, vessels, and the marine environment in 
the navigable waters within the 500 yard safety zone while HOKULEA is 
in transit and moored.

IV. Discussion of Comments, Changes, and the Rule

    This rule establishes a safety zone from 5:30 a.m. (HST) on June 
17, 2017 through 10 p.m. (HST) on June 17, 2017. This safety zone is 
located within the COTP zone (See 33 CFR 3.70-10) and will encompass 
all waters 500 yards in all directions from the sailing canoe HOKULEA 
during her transit from Makapu'u light house through Mamala Bay to and 
including her mooring in Ala Wai Harbor. This safety zone will extend 
from the surface of the water to the ocean floor and is intended to 
protect personnel, vessels, and the marine environment within the 
navigable waters of the safety zone during the transit and mooring of 
the sailing canoe HOKULEA. No vessel will be permitted to enter the 
safety zone absent the express authorization of the COTP or his 
designated representative. Before the effective period, the Coast Guard 
will issue a broadcast notice to mariners to further notify waterway 
users of these waterway restrictions. If the safety zone is terminated 
prior to 10 p.m. on June 17, 2017, the Coast Guard will also provide a 
broadcast notice to mariners.

V. 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 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.
    This regulatory action is based on the size, location, duration, 
and time-of-day of the safety zone. Vessel traffic will be able to 
safely transit around this moving safety zone, which will only impact 
small designated areas of Mamala Bay on the Island of Oahu, HI. Once 
the HOKULEA is moored, authorized vessels will be allowed to transit 
the Ala Wai Harbor. Moreover, the Coast Guard will issue Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the safety zone. 
The rule allows vessels to seek permission to enter the safety zone.

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.
    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, 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,

[[Page 27013]]

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.

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 lasting less than 1 day that will prohibit 
entry within 500 yards of the sailing canoe HOKULEA. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A preliminary Record of 
Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

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; 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.T14-0421 to read as follows:


Sec.  165.T14-0421  Safety Zone; Pacific Ocean, Mamala Bay, Oahu, 
Hawaii--Hokulea Arrival.

    (a) Location. This safety zone is located within the COTP zone (See 
33 CFR 3.70-10) and will encompass all waters 500 yards in all 
directions from the sailing canoe HOKULEA during her transit starting 
when she passes abeam of Makapu'u light house through Mamala Bay to and 
including her mooring in Ala Wai Harbor. Upon mooring, the moving 
safety zone will cease but a stationary 500 yard safety zone will be 
maintained around the HOKULEA through the zone's effective period. This 
zone extends from the surface of the water to the ocean floor.
    (b) Effective period. 5:30 a.m. (HST) on June 17, 2017 through 10 
p.m. (HST) on June 17, 2017. If the safety zone is terminated prior to 
10 p.m. (HST) on June 17, 2017, the Coast Guard will provide notice via 
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 final rule.
    (1) All persons and vessels 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 or vessels desiring to transit the moving safety zone 
identified in paragraph (a) of this section may contact the COTP of 
Honolulu through his designated representatives at the Command Center 
via telephone: (808) 842-2600 and (808) 842-2601; fax: (808) 842-2642; 
or on VHF channel 16 (156.8 Mhz) to request permission to enter or 
transit the moving safety zone. If permission is granted, all persons 
and vessels must comply with the instructions of the COTP Honolulu or 
his designated representative and proceed at the minimum speed 
necessary to maintain a safe course while in the moving safety zone.
    (4) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the moving safety zone by Federal, State, and local 
agencies.
    (d) Notice of enforcement. The COTP Honolulu will provide notice of 
enforcement of the moving safety zone described in this section by 
verbal radio broadcasts and written notice to mariners.
    (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 
moving safety zone described in paragraph (a) of this section.

    Dated: June 2, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-12163 Filed 6-12-17; 8:45 am]
BILLING CODE 9110-04-P