[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Rules and Regulations]
[Pages 37047-37049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14860]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0524]
RIN 1625-AA00


Safety Zone; Pacific Ocean, Offshore Barbers Point, 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 Southwest shores of Oahu, Hawaii, near 
Barbers Point. The temporary safety zone encompasses all waters 
extending 3 nautical miles in all directions from position 
21[deg]16'36'' N, 158[deg]01'42'' W. The safety zone is needed to 
protect personnel, vessels, and the marine environment from potential 
hazards associated with ongoing operations to salvage a downed aircraft 
in this area. Entry of vessels or persons in this zone is prohibited 
unless specifically authorized by the Captain of the Port (COTP) 
Honolulu.

DATES: This rule is effective without actual notice from July 14, 2021 
until 12 p.m. on July 30, 2021. For the purposes of enforcement, actual 
notice will be used from July 2, 2021, until July 14, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0524 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Joshua Williams, Waterways 
Management Division, U.S. Coast Guard Sector Honolulu at (808) 541-2359 
or [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

    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 salvage effort, 
and 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 under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). On July 2, 2021, the Coast Guard was 
informed of a cargo plane crash off the Southwest shores of Oahu, 
Hawaii near Barber's Point. The Coast Guard COTP Sector Honolulu has 
determined that the potential hazards associated with the salvage 
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.
    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 of 
this rule would be impracticable and contrary to the public interest 
because immediate action is necessary to ensure the safety of the 
ongoing recovery operations.

IV. Discussion of the Rule

    This rule is effective from July 2, 2021 through 12 p.m. on July 
30, 2021, or until salvage operations are complete, whichever is 
earlier. If the safety zone is terminated prior to 12 p.m. on July 30, 
2021, the Coast Guard will provide notice via a broadcast notice to 
mariners. The temporary safety zone encompasses all waters extending 3 
nautical miles in all directions around the location of ongoing salvage 
operations near position 21[deg]16'36'' N, 158[deg]01'42'' 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 
salvage operations of one downed helicopter 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

[[Page 37048]]

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. 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).
    This regulatory action determination is based on [provide factual 
reasons related to the waterway, duration of rule, etc.].

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 any 
vessel owner or operator. This safety zone is limited in size and 
duration, and 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 
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 with a duration of 28 days or until salvage operations are 
completed. 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. 1. 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, 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Secruity Delegation No. 0170.1.


0
2. Add Sec.  165.T14-0524 to read as follows:


Sec.  165.T14-0524   Safety Zone; Pacific Ocean, Offshore Barbers 
Point, 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 navigable waters extending 3 
nautical miles in all directions around the location of ongoing salvage 
operations near position 21[deg]16'36'' N, 158[deg]01'42'' W. This zone 
extends from the surface of the water to the ocean floor.
    (b) Enforcement period. This rule is effective from 1 p.m. (HST) on 
July 2, 2021 through 12 p.m. (HST) on July 30, 2021, or until salvage 
operations are complete, whichever is earlier. If the safety zone is 
terminated prior to 12 p.m. (HST) on July 30, 2021, the Coast Guard 
will provide notice via a broadcast notice to mariners.

[[Page 37049]]

    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 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 33 CFR part 165.
    (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 Honolulu will cause Notice of 
the Enforcement of the safety zone 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).
    (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: July 2, 2021.
N.S. Worst,
Commander, U.S. Coast Guard, Alternate Captain of the Port Honolulu.
[FR Doc. 2021-14860 Filed 7-13-21; 8:45 am]
BILLING CODE 9110-04-P