[Federal Register Volume 85, Number 56 (Monday, March 23, 2020)]
[Rules and Regulations]
[Pages 16267-16270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05739]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0167]
RIN 1625-AA00


Safety Zone; Pacific Ocean, Hilo Harbor, HI--Lightering 
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 Hilo Harbor,

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Hawaii. The safety zone is needed to protect personnel, vessels and the 
marine environment from potential hazards associated with ongoing 
lightering operations of the vessel MIDWAY ISLAND grounded along the 
northwest side of Hilo Harbor, particularly through helicopter to shore 
hoisting ops and swimmers in the water. The USCG is overseeing 
contractor lightering ops to mitigate the pollution threat from the 
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 March 23, 2020 
until 8 p.m. on April 10, 2020. For the purposes of enforcement, actual 
notice will be used from March 12, 2020 through March 23, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG- 
USCG-2020-0167 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 Chief Jason R. Olney, Waterways Management Division, U.S. 
Coast Guard; telephone 808-522-8265, email [email protected].

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

II. Background Information and Regulatory History

    On February 6, 2020, a temporary final rule [USCG-2020-0113; 85 FR 
8175 (Feb. 13, 2020)] was issued to establish a safety zone around the 
grounded vessel MIDWAY ISLAND. That rule expired at 8 p.m. on February 
12, 2020. An additional temporary final rule [USCG-2020-0121; 85 FR 
10981 (Feb. 26, 2020)] was issued on February 12, 2020 to maintain the 
safety zone around the grounded vessel. That rule expired at 8 p.m. on 
March 12, 2020. The Coast Guard is issuing this rule to establish the 
temporary safety zone so the lightering operations can continue.
    The Coast Guard is issuing this temporary rule 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 immediate action is needed to respond 
to the potential safety hazards associated with this lightering 
operation, and therefore publishing an NPRM is impracticable and 
contrary to public interest.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date would 
be contrary to the rule's objectives of responding to potential safety 
hazards associated with the lightering operations and protecting 
personnel, vessels, and the marine environment within the navigable 
waters of the safety zone.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. On February 3, 2020, the Coast Guard was informed of a vessel 
that ran aground along the northwest side of Hilo Harbor, Hawaii. The 
Coast Guard COTP Sector Honolulu has determined that potential hazards 
associated with the lightering operations 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 during ongoing salvage operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from March 12, 2020 through 8 
p.m. April 10, 2020 or until the lightering operations are complete, 
whichever is earlier. If the safety zone is terminated prior to 8 p.m. 
on April 10, 2020, the Coast Guard will provide notice via a broadcast 
notice to mariners.
    The temporary safety zone encompasses all waters extending 100 
yards in all directions around the location of ongoing lightering 
operations near position: 19[deg]44'41.17'' N; 155[deg]05'24.23'' W. 
This zone extends from the surface of the water to the ocean floor. The 
zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters from potential hazards associated 
with the lightering operations of a vessel aground 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 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 anticipated 
short duration of the lightering operations and the need to protect 
personnel, vessels and the marine environment in these navigable waters 
from potential hazards associated with the lightering operations of the 
vessel aground in this area. Moreover, the Coast Guard will issue a 
broadcast notice to mariners on marine channel 16 about 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.
    While some owners or operators of vessels intending to transit the 
safety zones 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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121),

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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 call or email 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.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 29 days that will prohibit entry into the area 
during lightering efforts. It is categorically excluded from further 
review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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:  46 U.S.C. 70034, 70051; 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.T14-0167 to read as follows:


Sec.  165.T14-0167  Safety Zone; Pacific Ocean, Hilo Harbor, HI--
Lightering Operations.

    (a) Location. The safety zone is located within the Captain of the 
Port (COTP) Honolulu Zone (See 33 CFR 3.70-10) and will encompass all 
navigable waters extending 100 yards in all directions from position: 
19[deg]44'41.17'' N; 155[deg]05'24.23'' W. This zone extends from the 
surface of the water to the ocean floor.
    (b) Regulations. The general regulations governing safety zones 
contained in Sec.  165.23 apply to the safety zone described in 
paragraph (a) of this 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.
    (c) Notice of enforcement. The COTP Honolulu will cause Notice of 
the Enforcement of these safety zones described in this section to be 
made by Broadcast to the maritime community via marine safety broadcast 
notice to mariners on VHF channel 16 (156.8 MHz).
    (d) 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.
    (e) Enforcement period. This section will be enforced from March 
12, 2020, through 8 p.m. on April 10, 2020. If the safety zone is 
terminated prior to 8 p.m. on April 10, 2020, the Coast Guard will 
provide notice via a broadcast notice to mariners.


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    Dated: March 12, 2020.
A.B. Avanni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2020-05739 Filed 3-20-20; 8:45 am]
 BILLING CODE 9110-04-P