Security Zone; Nawiliwili Harbor, Kauai, HI, 61518-61522 [07-5413]
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Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations
U.S.C. 3507), those collections of
information have been approved by the
Office of Management and Budget under
control number 1505–0164. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless the
collection of information displays a
valid control number.
List of Subjects
31 CFR Part 594
Administrative practice and
procedure, Banks, Banking, Currency,
Foreign investments in United States,
Penalties, Reporting and recordkeeping
requirements, Securities, Terrorism.
31 CFR Part 595
Administrative practice and
procedure, Banks, Banking, Currency,
Foreign investments in United States,
Penalties, Reporting and recordkeeping
requirements, Securities, Terrorism.
31 CFR Part 597
Administrative practice and
procedure, Banks, Banking, Currency,
Foreign investments in United States,
Penalties, Reporting and recordkeeping
requirements, Securities, Terrorism.
I For the reasons set forth in the
preamble, the Office of Foreign Assets
Control amends 31 CFR parts 594, 595,
and 597 as follows:
1. Revise the authority citation for part
594 to read as follows:
Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 31
U.S.C. 321(b); 50 U.S.C. 1601–1651, 1701–
1706; Pub. L. 101–410, 104 Stat. 890 (28
U.S.C. 2461 note); Pub. L. 110–96, 121 Stat.
1011; E.O. 13224, 66 FR 49079, 3 CFR, 2001
Comp., p. 786; E.O. 13268, 67 FR 44751, 3
CFR, 2002 Comp., p. 240; E.O. 13284, 68 FR
4075, 3 CFR, 2003 Comp., p. 161.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
2. Add a new § 594.516 to read as
follows:
I
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§ 594.516 Transactions with the
Palestinian Authority authorized.
(a) As of June 20, 2007, U.S. persons
are authorized to engage in all
transactions otherwise prohibited under
this part with the Palestinian Authority.
(b) For purposes of this section only,
the term Palestinian Authority means
the Palestinian Authority government of
Prime Minister Salam Fayyad and
President Mahmoud Abbas, including
all branches, ministries, offices, and
agencies (independent or otherwise)
thereof.
Jkt 214001
3. Revise the authority citation for part
595 to read as follows:
Coast Guard
I
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; Pub. L.
101–410, 104 Stat. 890 (28 U.S.C. 2461 note);
Pub. L. 110–96, 121 Stat. 1011; E.O. 12947,
60 FR 5079, 3 CFR, 1995 Comp., p. 319.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
4. Add a new § 595.514 to read as
follows:
I
§ 595.514 Transactions with the
Palestinian Authority authorized.
(a) As of June 20, 2007, U.S. persons
are authorized to engage in all
transactions otherwise prohibited under
this part with the Palestinian Authority.
(b) For purposes of this section only,
the term Palestinian Authority means
the Palestinian Authority government of
Prime Minister Salam Fayyad and
President Mahmoud Abbas, including
all branches, ministries, offices, and
agencies (independent or otherwise)
thereof.
PART 597—FOREIGN TERRORIST
ORGANIZATIONS SANCTIONS
REGULATIONS
5. The authority citation for part 597
continues to read as follows:
I
16:50 Oct 30, 2007
DEPARTMENT OF HOMELAND
SECURITY
I
PART 594—GLOBAL TERRORISM
SANCTIONS REGULATIONS
VerDate Aug<31>2005
PART 595—TERRORISM SANCTIONS
REGULATIONS
Authority: 31 U.S.C. 321(b); Pub. L. 101–
410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub.
L. 104–132, 110 Stat. 1214, 1248–53 (8 U.S.C.
1189, 18 U.S.C. 2339B).
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
6. Add a new § 597.512 to read as
follows:
I
§ 597.512 Transactions with the
Palestinian Authority authorized.
(a) As of June 20, 2007, U.S. persons
are authorized to engage in all
transactions otherwise prohibited under
this part with the Palestinian Authority.
(b) For purposes of this section only,
the term Palestinian Authority means
the Palestinian Authority government of
Prime Minister Salam Fayyad and
President Mahmoud Abbas, including
all branches, ministries, offices, and
agencies (independent or otherwise)
thereof.
Dated: October 23, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E7–21357 Filed 10–30–07; 8:45 am]
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33 CFR Part 165
[Docket No. CGD14–07–002]
RIN 1625–AA87
Security Zone; Nawiliwili Harbor,
Kauai, HI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is creating a
temporary security zone in the waters of
Nawiliwili Harbor, Kauai, and on the
land of the jetty south of Nawiliwili
Park, including the jetty access road
commonly known as Jetty Road. This
zone is intended to enable the Coast
Guard and its law enforcement partners
to better protect people, vessels, and
facilities in and around Nawiliwili
Harbor in the face of non-compliant
obstructers who have impeded, and
threaten to continue impeding, the safe
passage of the Hawaii Superferry in
Nawiliwili Harbor. This rule
complements, but does not replace or
supersede, existing regulations that
establish a moving 100-yard security
zone around large passenger vessels like
the Hawaii Superferry.
DATES: This rule is effective from
November 1, 2007, through November
30, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD14–07–
002 and are available for inspection and
copying at U.S. Coast Guard District 14,
Room 9–130, PJKK Federal Building,
300 Ala Moana Blvd., Honolulu, Hawaii
96850 between 7 a.m. and 3:30 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Sean Fahey, U.S. Coast
Guard District 14 at (808) 541–2106.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On October 3, 2007, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Security Zone; Nawiliwili
Harbor, Kauai, Hawaii’’ in the Federal
Register (72 FR 56308), identified by
docket number USCG–2007–29354. The
comment period for that NPRM was
originally set to expire on October 24,
2007. Although we received many
comments on the NPRM, a few people
wishing to submit comments expressed
difficulty using the Federal
eRulemaking Portal, one of the four
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methods available to submit comments
on the NPRM.
Recently, the Coast Guard migrated its
online rulemaking docket from the
Docket Management System (DMS) to
the Federal Docket Management System
(FDMS). (72 FR 54315, Sept. 24, 2007.)
This migration has been accompanied
by transition difficulties and delays in
comments being posted on FDMS. To
accommodate the public, the comment
period for that rulemaking (USCG–
2007–29354) has been extended until
November 20, 2007. A separate notice
extending the comment period for the
USCG–2007–29354 NPRM can be found
elsewhere in this issue of the Federal
Register.
This temporary final rule, identified
by docket CGD14 07–002, is a separate
emergency rulemaking that will
maintain a security zone for Nawiliwili
Harbor, Kauai from November 1 through
November 30, 2007, after an existing
security zone (72 FR 50877, Sept. 5,
2007) expires and while we complete
the USCG–2007–29354 notice-andcomment rulemaking. We did not
publish an NPRM for this regulation.
Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for
not publishing an NPRM for this
temporary rule. It would be contrary to
public interest not to maintain a
security zone for Nawiliwili Harbor
until the USCG–2007–29354 rulemaking
is completed.
Though operation of the Hawaii
Superferry from Oahu to Kauai has been
voluntarily suspended by the operating
company, operations could resume at
any time. As of October 24, 2007, there
are no, nor have there been, any state
court injunctions or other legal
prohibitions on the Superferry resuming
operations between Oahu and Kauai.
Although the Superferry’s operating
company announced on September 21,
2007, that it was ‘‘indefinitely’’
suspending operations into and out of
Kauai, that suspension is only
voluntary; nothing binds the company
to adhere to that suspension of
operations, and in fact, it could decide
to sail for Kauai at any time.
Furthermore, the Hawaii legislature has
announced that it will commence a
special legislative session beginning on
October 24, 2007, at which, among other
things, it intends to consider a bill that
would allow the Superferry to operate
into and out of Hawaii’s ports while an
environmental impact statement
regarding Superferry operations is being
prepared. To the extent this legislative
action may permit the Superferry to
resume operations into and out of Maui,
which it is currently enjoined from
doing, and to the extent the operating
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company’s decision to ‘‘indefinitely’’
suspend operations into and out of
Kauai was tied to the company’s
inability to operate into and out of
Maui, this legislative action may well
have the net effect of causing the
Superferry’s operating company to
renew its desire to resume operations to
Kauai as soon as possible. Delay in
implementing this rule would expose
obstructers in the water and ashore, as
well as ferry passengers and crew, to
undue hazards due to the obstructers’
tactics of entering Nawiliwili Harbor
from land and waterfront facilities
adjacent to the harbor and using
themselves as human barriers to
obstruct the Superferry’s movement into
Nawiliwili Harbor, a transit that under
the best of circumstances is difficult to
make due to the small size of the
Harbor.
For the same reasons, under 5 U.S.C.
533(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.
Background and Purpose
The Hawaii Superferry (HSF) is a 349foot large passenger vessel documented
by the U.S. Coast Guard with an
endorsement for coastwise trade, and
certificated for large passenger vessel
service in the United States. The HSF,
operating Hawaii’s first inter-island
vehicle-passenger service, is intended to
provide service among the islands of
Oahu, Maui, and Kauai.
The HSF enters Kauai at Nawiliwili
Harbor, a federally maintained
waterway. During the HSF’s inaugural
commercial trip to Kauai on August 26,
2007, nearly 40 swimmers and
obstructers on kayaks and surfboards
blocked Nawiliwili Harbor’s navigable
channel entrance to prevent the lawful
entry of the HSF into Kauai. Many of the
obstructers entered the water from the
jetty that is south of Nawiliwili Park,
which is adjacent to the Matson
shipping facility in Nawiliwili Harbor.
Other demonstrators ashore on the jetty
threw rocks and bottles at Coast Guard
personnel who were conveying detained
obstructers to shore. Coast Guard
Station Kauai resources were eventually
able to clear the channel for the HSF’s
arrival while also ensuring the personal
safety of the waterborne obstructers. The
HSF was able to dock on August 26,
2007.
On the following day, August 27,
2007, approximately 70 persons entered
the water again to block the channel
entrance, thereby preventing the HSF
from docking in Nawiliwili Harbor. Due
to the difficulty of maneuvering in the
small area of Nawiliwili Harbor, and in
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the interest of ensuring the safety of the
protesters, the HSF’s master chose not to
enter the channel until the Coast Guard
cleared the channel of obstructers.
However, because the vessel remained
outside the harbor, and because the
obstructers did not approach within 100
yards of the vessel, the existing security
zone for large passenger vessels (33 CFR
165.1410) did not provide the Coast
Guard with the authority to control
obstructer entry into Nawiliwili Harbor
or clear the channel of obstructers
before the HSF commenced its transit
into the harbor.
After waiting 3 hours, and with nearly
20 obstructers still in the water actively
blocking the HSF, the HSF was forced
to return to Oahu without mooring in
Kauai. This decision was made by the
Superferry’s master, in consultation
with company officials.
As a result of the events of August 26
through 27, 2007, the HSF voluntarily
suspended operations between Oahu
and Kauai on August 28, 2007. HSF’s
goal, however, was and is to resume
operations between Oahu and Kauai as
soon as possible. As of October 24,
2007, there are no, nor have there been,
any state court injunctions or other legal
prohibitions on the HSF resuming
operations between Oahu and Kauai.
Although the Superferry’s operating
company announced on September 21,
2007, that it was ‘‘indefinitely’’
suspending operations into and out of
Kauai, that suspension is only
voluntary; nothing binds the company
to adhere to that suspension of
operations, and in fact, it could decide
to sail for Kauai at any time.
Furthermore, the Hawaii legislature has
announced that it will commence a
special legislative session beginning on
October 24, 2007, at which, among other
things, it intends to consider a bill that
would allow the Superferry to operate
into and out of Hawaii’s ports while an
environmental impact statement
regarding Superferry operations is being
prepared. To the extent this legislative
action may permit the Superferry to
resume operations into and out of Maui,
which it is currently enjoined from
doing, and to the extent the operating
company’s decision to ‘‘indefinitely’’
suspend operations into and out of
Kauai was tied to the company’s
inability to operate into and out of
Maui, this legislative action may well
have the net effect of causing the
Superferry’s operating company to
renew its desire to resume operations to
Kauai as soon as possible.
Responding to the unexpected events
of August 26 and 27, 2007, the Coast
Guard’s Fourteenth District Commander
established a temporary fixed security
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Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations
zone in Nawiliwili Harbor. That
emergency rulemaking established a
temporary security zone in order to
prevent persons and vessels from
endangering themselves and HSF
passengers and crew by attempting to
impede the vessel’s passage after it
commences the difficult transit into the
harbor. That rule, which became
effective September 1, 2007, was issued
by the Coast Guard’s Fourteenth District
Commander on August 31, 2007 (72 FR
50877, September 5, 2007).
The purpose of this temporary rule, as
with the rule that is expiring October
31, is several-fold. First, by designating
significant portions of the waters of
Nawiliwili Harbor as a security zone,
activated for enforcement 60 minutes
before the HSF’s arrival into the zone
through 10 minutes after its departure
from the zone, this temporary rule
provides the Coast Guard and its law
enforcement partners the authority to
prevent persons and vessels from
endangering themselves and the HSF
passengers and crew during attempts to
impede the vessel’s passage after it
commences the difficult transit into the
harbor. Extending the security zone to
Nawiliwili Jetty and its access road
provides law enforcement personnel
with the authority necessary to control
access into the water so the HSF may
enter and depart the harbor safely and
unimpeded by obstructers. Furthermore,
closing off the jetty and its access road
prevents violent protesters from
continuing to impede law enforcement
operations and endanger law
enforcement personnel by throwing
rocks, bottles, and other dangerous
objects. Finally, the security zone makes
land adjacent to the harbor available for
law enforcement purposes, and in fact
will be used by the Patrol Commander
(the person in overall command of all
waterborne law enforcement assets
present in Nawiliwili Harbor enforcing
the security zone) as the command post
during any Superferry protests.
This temporary final rule follows the
original temporary final rule that is set
to expire on October 31, 2007. There is
continued uncertainty regarding when,
if ever, the HSF might resume service
into Nawiliwili Harbor. The resolve of
obstructers to continue attempting to
impede the Superferry’s passage into
and through Nawiliwili Harbor, should
it indeed resume service there, has been
vocally manifested. Therefore, the Coast
Guard has determined there is a need to
ensure that law enforcement personnel
will still have a fixed security zone
available to them beyond the expiration
date of the original temporary final rule
to facilitate the safe arrival of the HSF,
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16:50 Oct 30, 2007
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should it again return to Nawiliwili
Harbor.
Discussion of the Rule
This temporary rule is in effect from
November 1, 2007, until November 30,
2007. It creates a security zone in most
of the waters of Nawiliwili Harbor, and
on Nawiliwili Jetty in Nawiliwili
Harbor. The security zone will be
activated for enforcement 60 minutes
before the Hawaii Superferry’s arrival
into the zone, and remain activated for
10 minutes after the Hawaii Superferry’s
departure from the zone. The activation
of the zone for enforcement will be
announced by marine information
broadcast and by a red flag, illuminated
after sunset, displayed from Pier One
and the Harbor Facility Entrance on
Jetty Road. During its period of
activation and enforcement, entry into
the land and water areas of the security
zone are prohibited without the
permission of the Captain of the Port,
Honolulu, or his or her designated
representative.
In preparing this temporary
rulemaking, the Coast Guard made sure
to consider the rights of lawful
protestors. To that end, the Coast Guard
excluded from the security zone two
regions which create a sizeable area of
water in which demonstrators may
lawfully assemble and convey their
message in a safe manner to their
intended audience. These areas include
the waters west of a line running from
the southeastern-most point of the
breakwater of Nawiliwili Small Boat
Harbor due south to the south shore of
the harbor, and the waters from
Kalapaki Beach south to a line
extending from the western most point
of Kukii Point due west to the Harbor
Jetty. These areas of the harbor not
included in the security zone are
completely accessible to anyone who
desires to enter the water, and are fully
visible to observers ashore, at the HSF
mooring facility, aboard the HSF when
transiting the harbor, and from the air.
The Coast Guard also took into
account the lawful users of Nawiliwili
Harbor in its creation of this rule. As
previously noted, the rule will only be
activated 1 hour before the HSF’s arrival
into port, and will be deactivated 10
minutes after the HSF departs the port.
The harbor is fully available to all users
during the period when the zone is not
activated. Furthermore, the rule affords
persons who want to use the harbor,
even during a period when the zone is
activated, with the opportunity to
request permission of the Captain of the
Port to do so.
Under 33 CFR 165.33, entry by
persons or vessels into the security zone
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during an enforcement period is
prohibited unless authorized by the
Coast Guard Captain of the Port,
Honolulu or his or her designated
representatives.
Operation of any type of vessel,
including every description of
watercraft or other artificial contrivance
used, or capable of being used, as a
means of transportation on water,
within the security zone during an
enforcement period is prohibited. If a
vessel is found to be operating within
the security zone during an enforcement
period without permission of the
Captain of the Port, Honolulu, and
refuses to leave, the vessel is subject to
seizure and forfeiture.
All persons and vessels permitted in
the security zone during an enforcement
period must comply with the
instructions of the Coast Guard Captain
of the Port or the designated on-scene
patrol personnel. These personnel
include commissioned, warrant, and
petty officers of the Coast Guard and
other persons permitted by law to
enforce this regulation. Upon being
hailed by an authorized vessel or law
enforcement officer using siren, radio,
flashing light, loudhailer, voice
command, or other means, the operator
of a vessel must proceed as directed.
If authorized passage through the
security zone, a vessel must operate at
the minimum speed necessary to
maintain a safe course and must
proceed as directed by the Captain of
the Port or his or her designated
representatives. While underway with
permission of the Captain of the Port or
his or her designated representatives, no
person or vessel is allowed within 100
yards of the Hawaii Superferry when it
is underway, moored, position-keeping,
or at anchor, unless authorized by the
Captain of the Port or his or her
designated representatives.
When conditions permit, the Captain
of the Port, or his or her designated
representatives, may permit vessels that
are at anchor, restricted in their ability
to maneuver, or constrained by draft to
remain within the security zone during
the enforcement period in order to
ensure navigational safety. Any Coast
Guard commissioned, warrant, or petty
officer, and any other person permitted
by law, may enforce the regulations in
this section.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
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Budget has not reviewed it under that
Order.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This expectation is based on the short
activation and enforcement duration of
the security zone created by this
temporary rule, as well as the limited
geographic area affected by the security
zone.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule will have a significant
economic impact on a substantial
number of small entities. 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 we are aware that the affected
area has small entities, including canoe
and boating clubs and small commercial
businesses that provide recreational
services, we anticipate that there will be
little or no impact to these small entities
due to the narrowly tailored scope of the
temporary rule, and to the fact that such
entities can request permission from the
Captain of the Port to enter the security
zone when it is activated.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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Assistance for 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 so that they can
better evaluate its effects on them and
participate in the rulemaking. If the rule
will affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Lieutenant
Sean Fahey, U.S. Coast Guard District
14, at (808) 541–2106. 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.
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Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
While some obstructers used small
children in obstruction tactics, both on
land and on shore, during the August 26
and 27 Superferry arrivals into Kauai,
and while online forums and other
sources indicate that organizers are
actively recruiting adolescents and
small children with the intent of putting
them into harm’s way as obstructers of
the Superferry’s passage should it ever
again approach and enter Nawiliwili
Harbor, any heightened harm faced by
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61521
children as a result of these tactics has
no relation to the creation of this rule.
Instead, those heightened risks are
entirely the product of persons who
recruit and employ adolescents and
children to put themselves at risk of
death or serious physical injury by
attempting to physically obstruct the
passage of a large passenger vessel in a
small harbor.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
E:\FR\FM\31OCR1.SGM
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61522
Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations
Environment
We have analyzed this temporary rule
under Commandant Instruction
M16475.1D which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore,
under figure 2–1, paragraph (34)(g) of
the Commandant Instruction
M16475.1D, this temporary rule is
categorically excluded from further
environmental documentation. An
‘‘Environmental Analysis Checklist’’
and ‘‘Categorical Exclusion
Determination’’ supporting this
conclusion are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I 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
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add a new temporary § 165.T14–
163 to read as follows:
I
mstockstill on PROD1PC66 with RULES
§ 165.T14–163 Security Zone; Nawiliwili
Harbor, Kauai, HI.
(a) Location. The following land areas,
and water areas from the surface of the
water to the ocean floor, are a security
zone that is activated as described in
paragraph (c) of this section, and
enforced subject to the provisions of
paragraph (d) of this section: All waters
of Nawiliwili Harbor, Kauai, shoreward
of the Nawiliwili Harbor COLREGS
DEMARCATION LINE (See 33 CFR
80.1450), excluding the waters west of
a line running from the southeastern
most point of the breakwater of
Nawiliwili Small Boat Harbor due south
to the south shore of the harbor, and
excluding the waters from Kalapaki
Beach south to a line extending from the
western most point of Kukii Point due
west to the Harbor Jetty. The land of the
jetty south of Nawiliwili Park, including
the jetty access road, commonly known
as Jetty Road, is included within the
security zone.
VerDate Aug<31>2005
16:50 Oct 30, 2007
Jkt 214001
(b) Effective period. This section is
effective from November 1, 2007,
through November 30, 2007. It will be
activated for enforcement pursuant to
paragraph (c) of this section.
(c) Enforcement periods. The zone
described in paragraph (a) of this
section will be activated for
enforcement 60 minutes before the
Hawaii Superferry’s arrival into the
zone and remain activated for 10
minutes after the Hawaii Superferry’s
departure from the zone. The activation
of the zone for enforcement will be
announced by marine information
broadcast, and by a red flag, illuminated
between sunset and sunrise, displayed
from Pier One and the Harbor Facility
Entrance on Jetty Road.
(d) Regulations. (1) Under 33 CFR
165.33, entry by persons or vessels into
the security zone created by this section
and activated as described in paragraph
(c) of this section is prohibited unless
authorized by the Coast Guard Captain
of the Port, Honolulu or his or her
designated representatives. Operation of
any type of vessel, including every
description of watercraft or other
artificial contrivance used, or capable of
being used, as a means of transportation
on water, within the security zone is
prohibited. If a vessel is found to be
operating within the security zone
without permission of the Captain of the
Port, Honolulu, and refuses to leave, the
vessel is subject to seizure and
forfeiture.
(2) All persons and vessels permitted
in the security zone must comply with
the instructions of the Coast Guard
Captain of the Port or the designated onscene patrol personnel. These personnel
include commissioned, warrant, and
petty officers of the Coast Guard and
other persons permitted by law to
enforce this regulation. Upon being
hailed by an authorized vessel or law
enforcement officer using siren, radio,
flashing light, loudhailer, voice
command, or other means, the operator
of a vessel must proceed as directed.
(3) If authorized passage through the
security zone, a vessel must operate at
the minimum speed necessary to
maintain a safe course and must
proceed as directed by the Captain of
the Port or his or her designated
representatives. While underway with
permission of the Captain of the Port or
his or her designated representatives, no
person or vessel is allowed within 100
yards of the Hawaii Superferry when it
is underway, moored, position-keeping,
or at anchor, unless authorized by the
Captain of the Port or his or her
designated representatives.
(4) When conditions permit, the
Captain of the Port, or his or her
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
designated representatives, may permit
vessels that are at anchor, restricted in
their ability to maneuver, or constrained
by draft to remain within the security
zone in order to ensure navigational
safety.
(e) Enforcement officials. Any Coast
Guard commissioned, warrant, or petty
officer, and any other person permitted
by law, may enforce the regulations in
this section.
Dated: October 24, 2007.
Sally Brice-O’Hara,
Rear Admiral, U.S. Coast Guard, Commander,
Fourteenth Coast Guard District.
[FR Doc. 07–5413 Filed 10–26–07; 2:34 pm]
BILLING CODE 4910–15–P
POSTAL SERVICE
39 CFR Part 20
International Mail Service to the
Republic of the Marshall Islands and
Federated States of Micronesia
Reverted to Domestic Mail Service
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
SUMMARY: The Postal Service is
amending the Mailing Standards of the
United States Postal Service,
International Mail Manual (IMM) to
remove references to the Republic of the
Marshall Islands and the Federated
States of Micronesia. Mail to the
Republic of the Marshall Islands and the
Federated States of Micronesia is no
longer treated as international mail.
DATES: Effective Date: November 19,
2007.
FOR FURTHER INFORMATION CONTACT:
Randall F. Sobol, 808–423–3883.
SUPPLEMENTARY INFORMATION: The Postal
Service, after high-level discussions
with the Republic of the Marshall
Islands and the Federated States of
Micronesia and consultation with the
U.S. Department of State, is returning
these countries to domestic published
prices and mailing standards.
On September 15, 2005, the Postal
Service published in the Federal
Register (70 FR 54510) a notice
proposing use of the international price
schedules for the Republic of the
Marshall Islands and the Federated
States of Micronesia. The application of
international rate schedules to these
former Trust Territories of the United
States was permissible, in conformity
with, and in furtherance of the terms of
the Compact of Free Association
between the United States Government
and the governments of the Republic of
the Marshall Islands and the Federated
E:\FR\FM\31OCR1.SGM
31OCR1
Agencies
[Federal Register Volume 72, Number 210 (Wednesday, October 31, 2007)]
[Rules and Regulations]
[Pages 61518-61522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5413]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. CGD14-07-002]
RIN 1625-AA87
Security Zone; Nawiliwili Harbor, Kauai, HI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is creating a temporary security zone in the
waters of Nawiliwili Harbor, Kauai, and on the land of the jetty south
of Nawiliwili Park, including the jetty access road commonly known as
Jetty Road. This zone is intended to enable the Coast Guard and its law
enforcement partners to better protect people, vessels, and facilities
in and around Nawiliwili Harbor in the face of non-compliant
obstructers who have impeded, and threaten to continue impeding, the
safe passage of the Hawaii Superferry in Nawiliwili Harbor. This rule
complements, but does not replace or supersede, existing regulations
that establish a moving 100-yard security zone around large passenger
vessels like the Hawaii Superferry.
DATES: This rule is effective from November 1, 2007, through November
30, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD14-07-002 and are available for
inspection and copying at U.S. Coast Guard District 14, Room 9-130,
PJKK Federal Building, 300 Ala Moana Blvd., Honolulu, Hawaii 96850
between 7 a.m. and 3:30 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Sean Fahey, U.S. Coast
Guard District 14 at (808) 541-2106.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On October 3, 2007, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zone; Nawiliwili Harbor, Kauai, Hawaii'' in
the Federal Register (72 FR 56308), identified by docket number USCG-
2007-29354. The comment period for that NPRM was originally set to
expire on October 24, 2007. Although we received many comments on the
NPRM, a few people wishing to submit comments expressed difficulty
using the Federal eRulemaking Portal, one of the four
[[Page 61519]]
methods available to submit comments on the NPRM.
Recently, the Coast Guard migrated its online rulemaking docket
from the Docket Management System (DMS) to the Federal Docket
Management System (FDMS). (72 FR 54315, Sept. 24, 2007.) This migration
has been accompanied by transition difficulties and delays in comments
being posted on FDMS. To accommodate the public, the comment period for
that rulemaking (USCG-2007-29354) has been extended until November 20,
2007. A separate notice extending the comment period for the USCG-2007-
29354 NPRM can be found elsewhere in this issue of the Federal
Register.
This temporary final rule, identified by docket CGD14 07-002, is a
separate emergency rulemaking that will maintain a security zone for
Nawiliwili Harbor, Kauai from November 1 through November 30, 2007,
after an existing security zone (72 FR 50877, Sept. 5, 2007) expires
and while we complete the USCG-2007-29354 notice-and-comment
rulemaking. We did not publish an NPRM for this regulation.
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing an NPRM for this temporary rule. It would be
contrary to public interest not to maintain a security zone for
Nawiliwili Harbor until the USCG-2007-29354 rulemaking is completed.
Though operation of the Hawaii Superferry from Oahu to Kauai has
been voluntarily suspended by the operating company, operations could
resume at any time. As of October 24, 2007, there are no, nor have
there been, any state court injunctions or other legal prohibitions on
the Superferry resuming operations between Oahu and Kauai. Although the
Superferry's operating company announced on September 21, 2007, that it
was ``indefinitely'' suspending operations into and out of Kauai, that
suspension is only voluntary; nothing binds the company to adhere to
that suspension of operations, and in fact, it could decide to sail for
Kauai at any time. Furthermore, the Hawaii legislature has announced
that it will commence a special legislative session beginning on
October 24, 2007, at which, among other things, it intends to consider
a bill that would allow the Superferry to operate into and out of
Hawaii's ports while an environmental impact statement regarding
Superferry operations is being prepared. To the extent this legislative
action may permit the Superferry to resume operations into and out of
Maui, which it is currently enjoined from doing, and to the extent the
operating company's decision to ``indefinitely'' suspend operations
into and out of Kauai was tied to the company's inability to operate
into and out of Maui, this legislative action may well have the net
effect of causing the Superferry's operating company to renew its
desire to resume operations to Kauai as soon as possible. Delay in
implementing this rule would expose obstructers in the water and
ashore, as well as ferry passengers and crew, to undue hazards due to
the obstructers' tactics of entering Nawiliwili Harbor from land and
waterfront facilities adjacent to the harbor and using themselves as
human barriers to obstruct the Superferry's movement into Nawiliwili
Harbor, a transit that under the best of circumstances is difficult to
make due to the small size of the Harbor.
For the same reasons, under 5 U.S.C. 533(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.
Background and Purpose
The Hawaii Superferry (HSF) is a 349-foot large passenger vessel
documented by the U.S. Coast Guard with an endorsement for coastwise
trade, and certificated for large passenger vessel service in the
United States. The HSF, operating Hawaii's first inter-island vehicle-
passenger service, is intended to provide service among the islands of
Oahu, Maui, and Kauai.
The HSF enters Kauai at Nawiliwili Harbor, a federally maintained
waterway. During the HSF's inaugural commercial trip to Kauai on August
26, 2007, nearly 40 swimmers and obstructers on kayaks and surfboards
blocked Nawiliwili Harbor's navigable channel entrance to prevent the
lawful entry of the HSF into Kauai. Many of the obstructers entered the
water from the jetty that is south of Nawiliwili Park, which is
adjacent to the Matson shipping facility in Nawiliwili Harbor. Other
demonstrators ashore on the jetty threw rocks and bottles at Coast
Guard personnel who were conveying detained obstructers to shore. Coast
Guard Station Kauai resources were eventually able to clear the channel
for the HSF's arrival while also ensuring the personal safety of the
waterborne obstructers. The HSF was able to dock on August 26, 2007.
On the following day, August 27, 2007, approximately 70 persons
entered the water again to block the channel entrance, thereby
preventing the HSF from docking in Nawiliwili Harbor. Due to the
difficulty of maneuvering in the small area of Nawiliwili Harbor, and
in the interest of ensuring the safety of the protesters, the HSF's
master chose not to enter the channel until the Coast Guard cleared the
channel of obstructers. However, because the vessel remained outside
the harbor, and because the obstructers did not approach within 100
yards of the vessel, the existing security zone for large passenger
vessels (33 CFR 165.1410) did not provide the Coast Guard with the
authority to control obstructer entry into Nawiliwili Harbor or clear
the channel of obstructers before the HSF commenced its transit into
the harbor.
After waiting 3 hours, and with nearly 20 obstructers still in the
water actively blocking the HSF, the HSF was forced to return to Oahu
without mooring in Kauai. This decision was made by the Superferry's
master, in consultation with company officials.
As a result of the events of August 26 through 27, 2007, the HSF
voluntarily suspended operations between Oahu and Kauai on August 28,
2007. HSF's goal, however, was and is to resume operations between Oahu
and Kauai as soon as possible. As of October 24, 2007, there are no,
nor have there been, any state court injunctions or other legal
prohibitions on the HSF resuming operations between Oahu and Kauai.
Although the Superferry's operating company announced on September
21, 2007, that it was ``indefinitely'' suspending operations into and
out of Kauai, that suspension is only voluntary; nothing binds the
company to adhere to that suspension of operations, and in fact, it
could decide to sail for Kauai at any time. Furthermore, the Hawaii
legislature has announced that it will commence a special legislative
session beginning on October 24, 2007, at which, among other things, it
intends to consider a bill that would allow the Superferry to operate
into and out of Hawaii's ports while an environmental impact statement
regarding Superferry operations is being prepared. To the extent this
legislative action may permit the Superferry to resume operations into
and out of Maui, which it is currently enjoined from doing, and to the
extent the operating company's decision to ``indefinitely'' suspend
operations into and out of Kauai was tied to the company's inability to
operate into and out of Maui, this legislative action may well have the
net effect of causing the Superferry's operating company to renew its
desire to resume operations to Kauai as soon as possible.
Responding to the unexpected events of August 26 and 27, 2007, the
Coast Guard's Fourteenth District Commander established a temporary
fixed security
[[Page 61520]]
zone in Nawiliwili Harbor. That emergency rulemaking established a
temporary security zone in order to prevent persons and vessels from
endangering themselves and HSF passengers and crew by attempting to
impede the vessel's passage after it commences the difficult transit
into the harbor. That rule, which became effective September 1, 2007,
was issued by the Coast Guard's Fourteenth District Commander on August
31, 2007 (72 FR 50877, September 5, 2007).
The purpose of this temporary rule, as with the rule that is
expiring October 31, is several-fold. First, by designating significant
portions of the waters of Nawiliwili Harbor as a security zone,
activated for enforcement 60 minutes before the HSF's arrival into the
zone through 10 minutes after its departure from the zone, this
temporary rule provides the Coast Guard and its law enforcement
partners the authority to prevent persons and vessels from endangering
themselves and the HSF passengers and crew during attempts to impede
the vessel's passage after it commences the difficult transit into the
harbor. Extending the security zone to Nawiliwili Jetty and its access
road provides law enforcement personnel with the authority necessary to
control access into the water so the HSF may enter and depart the
harbor safely and unimpeded by obstructers. Furthermore, closing off
the jetty and its access road prevents violent protesters from
continuing to impede law enforcement operations and endanger law
enforcement personnel by throwing rocks, bottles, and other dangerous
objects. Finally, the security zone makes land adjacent to the harbor
available for law enforcement purposes, and in fact will be used by the
Patrol Commander (the person in overall command of all waterborne law
enforcement assets present in Nawiliwili Harbor enforcing the security
zone) as the command post during any Superferry protests.
This temporary final rule follows the original temporary final rule
that is set to expire on October 31, 2007. There is continued
uncertainty regarding when, if ever, the HSF might resume service into
Nawiliwili Harbor. The resolve of obstructers to continue attempting to
impede the Superferry's passage into and through Nawiliwili Harbor,
should it indeed resume service there, has been vocally manifested.
Therefore, the Coast Guard has determined there is a need to ensure
that law enforcement personnel will still have a fixed security zone
available to them beyond the expiration date of the original temporary
final rule to facilitate the safe arrival of the HSF, should it again
return to Nawiliwili Harbor.
Discussion of the Rule
This temporary rule is in effect from November 1, 2007, until
November 30, 2007. It creates a security zone in most of the waters of
Nawiliwili Harbor, and on Nawiliwili Jetty in Nawiliwili Harbor. The
security zone will be activated for enforcement 60 minutes before the
Hawaii Superferry's arrival into the zone, and remain activated for 10
minutes after the Hawaii Superferry's departure from the zone. The
activation of the zone for enforcement will be announced by marine
information broadcast and by a red flag, illuminated after sunset,
displayed from Pier One and the Harbor Facility Entrance on Jetty Road.
During its period of activation and enforcement, entry into the land
and water areas of the security zone are prohibited without the
permission of the Captain of the Port, Honolulu, or his or her
designated representative.
In preparing this temporary rulemaking, the Coast Guard made sure
to consider the rights of lawful protestors. To that end, the Coast
Guard excluded from the security zone two regions which create a
sizeable area of water in which demonstrators may lawfully assemble and
convey their message in a safe manner to their intended audience. These
areas include the waters west of a line running from the southeastern-
most point of the breakwater of Nawiliwili Small Boat Harbor due south
to the south shore of the harbor, and the waters from Kalapaki Beach
south to a line extending from the western most point of Kukii Point
due west to the Harbor Jetty. These areas of the harbor not included in
the security zone are completely accessible to anyone who desires to
enter the water, and are fully visible to observers ashore, at the HSF
mooring facility, aboard the HSF when transiting the harbor, and from
the air.
The Coast Guard also took into account the lawful users of
Nawiliwili Harbor in its creation of this rule. As previously noted,
the rule will only be activated 1 hour before the HSF's arrival into
port, and will be deactivated 10 minutes after the HSF departs the
port. The harbor is fully available to all users during the period when
the zone is not activated. Furthermore, the rule affords persons who
want to use the harbor, even during a period when the zone is
activated, with the opportunity to request permission of the Captain of
the Port to do so.
Under 33 CFR 165.33, entry by persons or vessels into the security
zone during an enforcement period is prohibited unless authorized by
the Coast Guard Captain of the Port, Honolulu or his or her designated
representatives.
Operation of any type of vessel, including every description of
watercraft or other artificial contrivance used, or capable of being
used, as a means of transportation on water, within the security zone
during an enforcement period is prohibited. If a vessel is found to be
operating within the security zone during an enforcement period without
permission of the Captain of the Port, Honolulu, and refuses to leave,
the vessel is subject to seizure and forfeiture.
All persons and vessels permitted in the security zone during an
enforcement period must comply with the instructions of the Coast Guard
Captain of the Port or the designated on-scene patrol personnel. These
personnel include commissioned, warrant, and petty officers of the
Coast Guard and other persons permitted by law to enforce this
regulation. Upon being hailed by an authorized vessel or law
enforcement officer using siren, radio, flashing light, loudhailer,
voice command, or other means, the operator of a vessel must proceed as
directed.
If authorized passage through the security zone, a vessel must
operate at the minimum speed necessary to maintain a safe course and
must proceed as directed by the Captain of the Port or his or her
designated representatives. While underway with permission of the
Captain of the Port or his or her designated representatives, no person
or vessel is allowed within 100 yards of the Hawaii Superferry when it
is underway, moored, position-keeping, or at anchor, unless authorized
by the Captain of the Port or his or her designated representatives.
When conditions permit, the Captain of the Port, or his or her
designated representatives, may permit vessels that are at anchor,
restricted in their ability to maneuver, or constrained by draft to
remain within the security zone during the enforcement period in order
to ensure navigational safety. Any Coast Guard commissioned, warrant,
or petty officer, and any other person permitted by law, may enforce
the regulations in this section.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and
[[Page 61521]]
Budget has not reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This expectation is based on
the short activation and enforcement duration of the security zone
created by this temporary rule, as well as the limited geographic area
affected by the security zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. 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 we are aware that the affected area has small entities,
including canoe and boating clubs and small commercial businesses that
provide recreational services, we anticipate that there will be little
or no impact to these small entities due to the narrowly tailored scope
of the temporary rule, and to the fact that such entities can request
permission from the Captain of the Port to enter the security zone when
it is activated.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for 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 so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact Lieutenant Sean Fahey, U.S. Coast Guard
District 14, at (808) 541-2106. 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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children. While some obstructers used small
children in obstruction tactics, both on land and on shore, during the
August 26 and 27 Superferry arrivals into Kauai, and while online
forums and other sources indicate that organizers are actively
recruiting adolescents and small children with the intent of putting
them into harm's way as obstructers of the Superferry's passage should
it ever again approach and enter Nawiliwili Harbor, any heightened harm
faced by children as a result of these tactics has no relation to the
creation of this rule. Instead, those heightened risks are entirely the
product of persons who recruit and employ adolescents and children to
put themselves at risk of death or serious physical injury by
attempting to physically obstruct the passage of a large passenger
vessel in a small harbor.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
[[Page 61522]]
Environment
We have analyzed this temporary rule under Commandant Instruction
M16475.1D which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, under figure 2-1, paragraph (34)(g) of the
Commandant Instruction M16475.1D, this temporary rule is categorically
excluded from further environmental documentation. An ``Environmental
Analysis Checklist'' and ``Categorical Exclusion Determination''
supporting this conclusion are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
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2. Add a new temporary Sec. 165.T14-163 to read as follows:
Sec. 165.T14-163 Security Zone; Nawiliwili Harbor, Kauai, HI.
(a) Location. The following land areas, and water areas from the
surface of the water to the ocean floor, are a security zone that is
activated as described in paragraph (c) of this section, and enforced
subject to the provisions of paragraph (d) of this section: All waters
of Nawiliwili Harbor, Kauai, shoreward of the Nawiliwili Harbor COLREGS
DEMARCATION LINE (See 33 CFR 80.1450), excluding the waters west of a
line running from the southeastern most point of the breakwater of
Nawiliwili Small Boat Harbor due south to the south shore of the
harbor, and excluding the waters from Kalapaki Beach south to a line
extending from the western most point of Kukii Point due west to the
Harbor Jetty. The land of the jetty south of Nawiliwili Park, including
the jetty access road, commonly known as Jetty Road, is included within
the security zone.
(b) Effective period. This section is effective from November 1,
2007, through November 30, 2007. It will be activated for enforcement
pursuant to paragraph (c) of this section.
(c) Enforcement periods. The zone described in paragraph (a) of
this section will be activated for enforcement 60 minutes before the
Hawaii Superferry's arrival into the zone and remain activated for 10
minutes after the Hawaii Superferry's departure from the zone. The
activation of the zone for enforcement will be announced by marine
information broadcast, and by a red flag, illuminated between sunset
and sunrise, displayed from Pier One and the Harbor Facility Entrance
on Jetty Road.
(d) Regulations. (1) Under 33 CFR 165.33, entry by persons or
vessels into the security zone created by this section and activated as
described in paragraph (c) of this section is prohibited unless
authorized by the Coast Guard Captain of the Port, Honolulu or his or
her designated representatives. Operation of any type of vessel,
including every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of
transportation on water, within the security zone is prohibited. If a
vessel is found to be operating within the security zone without
permission of the Captain of the Port, Honolulu, and refuses to leave,
the vessel is subject to seizure and forfeiture.
(2) All persons and vessels permitted in the security zone must
comply with the instructions of the Coast Guard Captain of the Port or
the designated on-scene patrol personnel. These personnel include
commissioned, warrant, and petty officers of the Coast Guard and other
persons permitted by law to enforce this regulation. Upon being hailed
by an authorized vessel or law enforcement officer using siren, radio,
flashing light, loudhailer, voice command, or other means, the operator
of a vessel must proceed as directed.
(3) If authorized passage through the security zone, a vessel must
operate at the minimum speed necessary to maintain a safe course and
must proceed as directed by the Captain of the Port or his or her
designated representatives. While underway with permission of the
Captain of the Port or his or her designated representatives, no person
or vessel is allowed within 100 yards of the Hawaii Superferry when it
is underway, moored, position-keeping, or at anchor, unless authorized
by the Captain of the Port or his or her designated representatives.
(4) When conditions permit, the Captain of the Port, or his or her
designated representatives, may permit vessels that are at anchor,
restricted in their ability to maneuver, or constrained by draft to
remain within the security zone in order to ensure navigational safety.
(e) Enforcement officials. Any Coast Guard commissioned, warrant,
or petty officer, and any other person permitted by law, may enforce
the regulations in this section.
Dated: October 24, 2007.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard
District.
[FR Doc. 07-5413 Filed 10-26-07; 2:34 pm]
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