[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Rules and Regulations]
[Pages 57354-57356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26142]


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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.

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SUMMARY: On October 10, 2017, the commercial fishing vessel PACIFIC 
PARADISE ran aground approximately 400 yards southwest of Kaimana 
Beach, in the navigable waters of Mamala Bay, Oahu, Hawaii. The Coast 
Guard established a temporary safety zone extending 500 yards in all 
directions around the grounded vessel to facilitate vessel salvage 
operations. To date, the vessel remains aground. Accordingly, effective 
December 1, 2017, the Coast Guard hereby extends the temporary safety 
zone for an additional thirty days to facilitate ongoing salvage and 
subsequent removal operations. The extension of this temporary safety 
zone is necessary to protect personnel, vessels and the marine 
environmental from potential hazards associated with ongoing operations 
to salvage and 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 December 5, 
2017 until 8:00 a.m. on December 31, 2017. For the purposes of 
enforcement, actual notice will be used from 8:00 a.m. on December 1, 
2017 until December 5, 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 10, 2017, the commercial fishing vessel PACIFIC PARADISE 
ran aground approximately 400 yards southwest of Kaimana Beach, in the 
navigable waters of Mamala Bay, Oahu, Hawaii at position 21[deg]15.69' 
N.; 157[deg]49.49' W. On October 11, 2017, the Coast Guard established 
a seven-day temporary safety zone encompassing all waters extending 500 
yards in all directions around the grounded vessel to facilitate vessel 
salvage operations and protect personnel, vessels and the marine 
environment from the hazards associated with them. Due to the emergent 
nature of the grounding and subsequent removal operations, the 
temporary final rule (TFR) was not initially published in the Federal 
Register. On October 18, 2017, the temporary safety zone was extended 
for two additional weeks to account for delays in salvage operations 
due to ocean and weather conditions. The extension of the temporary 
safety zone was published in the Federal Register (82 FR 49111) on 
October 24, 2017. On November 1, 2017, the safety zone was extended for 
one additional month to account for delays in salvage operations due to 
ocean and weather conditions. The safety zone extension was published 
in the Federal Register (82 FR 51767) on November 8, 2017. Ongoing 
challenges with the salvage efforts and weather necessitate a third 
extension of the temporary safety zone for an additional thirty days.
    The temporary safety zone continues to encompass all waters 
extending 500 yards in all directions around the grounded fishing 
vessel located approximately 400 yards southwest of Kaimana Beach at 
position 21[deg]15.69' N.; 157[deg]49.49' W. When the vessel is off the 
reef, the stationary safety zone will shift to a moving safety zone 
extending 500 yards in all directions around the vessel and continue 
until December 31, 2017 at 8:00 a.m. or until the removal operation is 
complete, whichever is earlier.
    The Coast Guard is extending the existing temporary 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 thirty days. Therefore, publishing an NPRM is 
impracticable and contrary to public interest.
    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. For the same reasons 
stated in the preceding paragraph, delaying the effective period of 
this temporary safety zone would be impracticable and contrary to the 
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 commercial fishing 
vessel PACIFIC PARADISE ran aground in Mamala Bay, Oahu, Hawaii, near 
Waikiki's Kaimana Beach. The COTP Honolulu determined that potential 
hazards associated with the salvage and removal operations, including 
high winds and seas, constituted a safety concern. Accordingly, the 
COTP Honolulu established a temporary safety zone extending 500 yards 
in all directions around the grounded vessel to protect personnel, 
vessels, and the marine environment during ongoing salvage and removal 
operations.

[[Page 57355]]

IV. Discussion of the Rule

    This rule extends an existing temporary safety zone. This rule is 
effective from 8:00 a.m. on December 1, 2017 through 8:00 a.m. on 
December 31, 2017, or until salvage operations are complete, whichever 
is earlier. If the temporary safety zone is terminated prior to 8:00 
a.m. on December 1, 2017, the Coast Guard will provide notice via a 
broadcast notice to mariners.
    The temporary safety zone encompasses all waters from the surface 
of the water to the ocean floor extending 500 yards in all directions 
around the commercial fishing vessel 400 yards southwest of Kaimana 
Beach near position 21[deg]15.69' N.; 157[deg]49.49' W. The temporary 
safety zone is currently stationary around the grounded vessel. When 
the vessel is removed from the reef, it will be towed to a disposal 
site, at which time the stationary safety zone will shift to a moving 
safety zone. The zone shall continue to encompass 500 yards in all 
directions around the commercial fishing vessel PACIFIC PARADISE and 
remain in effect until December 31, 2017 at 8:00 a.m. or until the 
disposal operation is complete, whichever is earlier. When the vessel 
is off the reef and removal operations commence, the Coast Guard will 
provide notice of the moving safety zone via a broadcast notice to 
mariners. 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 temporary safety zone. Vessel traffic will be able 
to safely transit around this temporary safety zone away from the reef 
or during the salvage tow, which would impact only a small designated 
area of the waters off Kaimana Beach and Waikiki where vessel traffic 
is normally low. Closer to shore, the waterway is used primarily for 
beach recreation activities. Offshore of the beach, waterway traffic is 
primarily tourism related operations which will not be affected by the 
tow due to the open space 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, 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 
temporary 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 temporary safety zone is 
limited in size and duration, and the grounded vessel is not in an 
actively used navigable waterway. When the vessel is removed from the 
reef, it will be towed to a disposal site. The tow evolution will not 
have a significant impact on existing waterway users. Mariners may 
request to enter the zone by contacting the COTP, as described below.
    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.
    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

[[Page 57356]]

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 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 the extension of a temporary safety zone extension for 
thirty days, or until the salvage and removal operations are 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, 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 temporary 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 commercial 
fishing vessel PACIFIC PARADISE, which is currently aground on a reef 
approximately 400 yards southwest of Kaimana Beach near position 
21[deg]15.69' N.; 157[deg]49.49' W. When the commercial fishing vessel 
PACIFIC PARADISE is removed from the reef, the temporary safety zone 
will become a moving safety zone extending 500 yards in all directions 
from the PACIFIC PARADISE to facilitate the towing and subsequent 
disposal of the vessel. The temporary safety zone will be enforced 
throughout the salvage, transit and removal operations within and 
offshore of Mamala Bay. 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 
December 1, 2017 through 8:00 a.m. on December 31, 2017, or until 
salvage recovery operations are complete, whichever is earlier. If the 
temporary safety zone is terminated prior to 8:00 a.m. on December 31, 
2017, the Coast Guard will provide notice via a broadcast notice to 
mariners.
    (c) Regulations. The general regulations governing safety zones 
contained in Sec.  165.23 apply to the safety zone created by this 
temporary final rule.
    (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 Honolulu or his designated 
representative.
    (3) Persons desiring to transit the temporary 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 temporary safety zone by Federal, State, and local 
agencies.
    (d) Notice of enforcement. The COTP will provide notice of 
enforcement of the temporary 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 
temporary safety zone described in paragraph (a) of this section.

    Dated: November 29, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-26142 Filed 12-4-17; 8:45 am]
 BILLING CODE 9110-04-P