[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Rules and Regulations]
[Pages 49110-49113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22992]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0982]
RIN 1625-AA00


Safety Zone; Mamala Bay, Oahu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: On October 10, 2017, the fishing vessel PACIFIC PARADISE ran 
aground off of the navigable waters of Mamala Bay near Waikiki at 
Kaimana Beach, Oahu, Hawaii. On October 11, 2017, the Coast Guard 
established for seven days a temporary safety zone encompassing all 
waters extending 500 yards in all directions around the grounded 
fishing vessel located approximately 350 yards southwest of Kaimana 
Beach in position 21[deg]15.69' N.; 157[deg]49.49' W. to assist with 
vessel salvage operations. On October 18, 2017 the Coast Guard will 
extend the safety zone for two additional weeks while salvage 
operations continue. The temporary safety zone currently stationary 
around the grounded vessel will become a moving safety zone during the 
salvage and removal operation and remain a moving safety zone so until 
the towing operation is complete. During salvage and removal 
operations, the zone will continue to

[[Page 49111]]

encompass 500 yards in all directions around the vessel at all times. 
When salvage tow operations commence, the Coast Guard will provide 
notice via a broadcast notice to mariners. The extension of this safety 
zone and shift to a moving safety zone during salvage and removal are 
necessary to protect personnel, vessels and the marine environment from 
potential hazards associated with ongoing operations to remove a 
grounded vessel in this area. Entry of vessels or persons into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port (COTP) Honolulu.

DATES: This rule is effective without actual notice from October 24, 
2017 until 8:00 a.m. on November 1, 2017. For the purposes of 
enforcement, actual notice will be used from 8:00 a.m. on October 18, 
2017, until October 24, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0982 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 John Bannon, Waterways Management 
Division, U.S. Coast Guard Sector Honolulu at (808) 541-4359 or 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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

II. Background Information and Regulatory History

    On October 11, 2017, the Coast Guard established a safety zone in 
the navigable waters of Mamala Bay, Oahu, HI, due to the October 10, 
2017 grounding of the fishing vessel PACIFIC PARADISE. The purpose of 
the safety zone was to protect personnel, vessels and the marine 
environment from the hazards associated with the ongoing operations to 
salvage a grounded fishing vessel near Waikiki's Kaimana Beach. Ongoing 
challenges with the salvage efforts necessitate a two-week extension to 
the TFR. Once the vessel is removed from the reef for final 
disposition, the safety zone shall shift from a stationary zone to a 
moving safety zone. The 500 yard distance in all directions from the 
vessel shall remain in force at all times until the tow operation is 
complete and the zone is terminated.
    The Coast Guard is extending the existing TFR safety zone without 
prior notice and opportunity to comment pursuant to 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 because the 
initial estimate to salvage the vessel from the grounding was estimated 
at one week or less. Immediate action remains needed to respond to the 
safety hazards associated with this fishing vessel salvage effort for 
an estimated additional two weeks. Therefore, publishing an NPRM is 
impracticable and contrary to public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule pursuant to 33 U.S.C. 1231. On 
October 10, 2017, the Coast Guard was informed the fishing vessel 
PACIFIC PARADISE, ran aground in Mamala Bay, Oahu, Hawaii, near 
Waikiki's Kaimana Beach. Coast Guard COTP Sector Honolulu determined 
that potential hazards associated with the salvage and removal 
operations constituted 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 during ongoing salvage and removal operations. Salvage and 
removal operations involve removing the grounded vessel from a reef in 
high winds and seas; hazards include the risk of fire and those 
associated with towing the disabled vessel for disposition.

IV. Discussion of the Rule

    This rule is effective from 8:00 a.m. on October 18, 2017 through 
8:00 a.m. on November 1, 2017, or until salvage operations are 
complete, whichever is earlier. If the safety zone is terminated prior 
to 8:00 a.m. on November 1, 2017, the Coast Guard will provide notice 
via a broadcast notice to mariners.
    The temporary safety zone encompasses all waters extending 500 
yards in all directions around the location of ongoing vessel salvage 
operations located 350 yards southwest of Kaimana Beach near position: 
21[deg]15.69' N.; 157[deg]49.49' W. This zone extends from the surface 
of the water to the ocean floor. The safety zone is currently 
stationary around the grounded vessel. During the salvage and removal 
process, the safety zone will become a moving zone and remain so until 
the salvage towing operation is complete. The zone shall continue to 
encompass 500 yards in all directions around the fishing vessel and 
remain so until the operation is complete. When salvage operations 
commence, the Coast Guard will provide notice via a broadcast notice to 
mariners. The zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters from potential hazards 
associated with the salvage and removal of the fishing vessel. No 
vessel or person will be permitted to enter the safety zone absent the 
express authorization of the COTP Honolulu or his designated 
representative.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, location 
and duration of the safety zone. Vessel traffic will be able to safely 
transit around this stationary or moving safety zone, including during 
the salvage tow, which would impact only a small designated area of the 
waters off Waikiki Beach where vessel traffic is normally low and open 
space exists in the area. Moreover, vessels wishing to enter the zone 
may seek permission as set forth below.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended,

[[Page 49112]]

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 any 
vessel owner or operator. The safety zone is limited in size and 
duration, and the location of the grounded vessel is not in an actively 
used navigable waterway. Once the vessel is free from the reef, the tow 
evolution will not impact existing waterway users. Furthermore, 
mariners may request to enter the zone by contacting the COTP.
    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, 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 extension for duration of two additional 
weeks, providing for an overall three week estimated safety zone or 
until the salvage operations is suspended. It is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

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, and 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.T14-0982 to read as follows:


Sec.  165.T14-0982  Safety Zone; Mamala Bay, Oahu, HI.

    (a) Location. The safety zone is located within the COTP Honolulu 
Zone (See 33 CFR 3.70-10) and will encompass all navigable waters 
extending 500 yards in all directions from the fishing vessel PACIFIC 
PARADISE located approximately 350 yards southwest of Kaimana Beach, 
grounded at position: 21[deg]15.69' N.; 157[deg]49.49' W. Once the 
fishing vessel PACIFIC PARADISE is towed, the safety zone will become a 
moving safety zone and the 500 yards in all directions from the vessel 
will be enforced and throughout the moving salvage transit or disposal 
within Mamala Bay, Keehi Lagoon, or Honolulu Harbor. This zone extends 
from the surface of the water to the ocean floor.
    (b) Enforcement period. This rule is effective from 8:00 a.m. on 
October 18, 2017 through 8:00 a.m. on November 1, 2017, or until 
salvage recovery operations are complete, whichever is earlier. If the 
safety zone is terminated prior to 8:00 a.m. on November 1, 2017, the 
Coast Guard will provide notice via a broadcast notice to mariners.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.20, Subpart C, apply to the safety zone created 
by this temporary final rule.

[[Page 49113]]

    (1) All persons are required to comply with the general regulations 
governing safety zones found in 33 CFR part 165.
    (2) Entry into or remaining in this zone is prohibited unless 
expressly authorized by the COTP Honolulu or his designated 
representative.
    (3) Persons desiring to transit the stationary or moving 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 Honolulu 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 provide notice of the 
enforcement of the safety zone described in this section via 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: October 18, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-22992 Filed 10-23-17; 8:45 am]
BILLING CODE 9110-04-P