Regulated Navigation Area; Southern Oahu Tsunami Vessel Evacuation; Honolulu, HI, 28170-28173 [2013-11233]

Download as PDF 28170 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Proposed Rules Mariners, and on-scene designated representatives. (d) Effective Date. This rule is will be enforced from 3 p.m. until 6 p.m. on September 1, 2013. Dated: April 25, 2013. D.W. Pearson, Captain, U.S. Coast Guard, Captain of the Port San Juan. [FR Doc. 2013–11360 Filed 5–13–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2012–0080] RIN 1625–AA11 Regulated Navigation Area; Southern Oahu Tsunami Vessel Evacuation; Honolulu, HI Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes a permanent regulated navigation area (RNA), enforcement of which would take place only during times when a tsunami warning is issued for the Hawaiian Islands by the Pacific Tsunami Warning Center. Tsunami warnings require the evacuation of a large number of vessels from their respective harbors. Following the evacuation, these vessels must remain offshore until the emergency situation has passed and the harbors have been deemed safe for re-entry. Past tsunami warnings have created potentially dangerous offshore traffic congestion between commercial and recreational vessel traffic. Because of this, designated vessel traffic staging areas are necessary for a safe and orderly evacuation of Southern Oahu ports. DATES: Comments and related material must be received by the Coast Guard on or before June 13, 2013. ADDRESSES: You may submit comments identified by docket number USCG– 2012–0080 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal mstockstill on DSK4VPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:30 May 13, 2013 Jkt 229001 holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or email Lieutenant Commander Scott Whaley of the United States Coast Guard Sector Honolulu at 808–522– 8264 ext.352 or Scott.O.Whaley@uscg.mil, respectively. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking RNA Regulated Navigation Area A. Public Participation and Request for Comments We encourage you to respond to this notice by submitting comments and related materials. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at http:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http:// www.regulations.gov, type the docket number USCG–2012–0080 in the ‘‘SEARCH’’ box, and then click PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, inserting USCG–2012–0080 in the ‘‘SEARCH’’ box, and then click ‘‘SEARCH.’’ You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not plan to hold a public meeting. But you may submit a request for one using one of the four methods specified under ADDRESSES. Please explain in detail why you believe a public meeting would be beneficial. If we determine that one would aid in solving this problem, we will hold one at a time and place announced by a later notice in the Federal Register. B. Basis and Purpose The statutory basis for this rulemaking is 33 U.S.C. 1231, which gives the Coast Guard, under a delegation from the Secretary of Homeland Security, regulatory authority to enforce the Ports and Waterways Safety Act. A regulated navigation area is a water area within a defined boundary for which regulations for E:\FR\FM\14MYP1.SGM 14MYP1 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS vessels navigating within the area have been established to mitigate hazardous conditions deemed to exist in that area. The purpose of this rulemaking is to provide greater safety for vessels and maritime commerce in the event of a tsunami threat. Earthquakes off Chile and Japan in February 2010 and March 2011, respectively, resulted in tsunami threats to the Main Hawaiian Islands. These incidents emphasized the need to establish heightened safety measures, to ensure an orderly and organized evacuation plan, in order to protect the infrastructure of the southern coast of Oahu, Hawaii, including Honolulu Harbor. Honolulu Harbor has only one entrance for large commercial vessels and is the principle harbor of Hawaii’s hub and spoke maritime commerce system. If, during an emergency, a marine incident were to occur off the southern shore of Oahu, especially near the entrance of Honolulu Harbor, the results could be devastating to Hawaii’s economy and the maritime commerce system and the constituencies that rely heavily upon the system’s viability. C. Discussion of Proposed Rule In response to this risk, the Coast Guard proposes to establish a regulated navigation area designated as the Southern Oahu Tsunami Evacuation zone. The Coast Guard has collaborated with the Hawaii Ocean Safety Team, the Industry Advisory Board, and other industry partners in the development of this rule. All recommendations have received careful consideration during the drafting of this rule. This rule accurately reflects the best practices as recommended by Hawaii’s professional mariners. In the event of a tsunami warning, the Coast Guard Captain of the Port for Honolulu (COTP) would notify the public that an enforcement period is in effect for the duration of the emergency for this RNA. At the conclusion of the treat, the COTP would notify the public when the RNA enforcement period is suspended or terminated. During the enforcement period, the COTP would deploy Coast Guard assets to ensure participating commercial and recreational vessels move to and stay within separate staging areas, and seaward of the 50 fathom curve that covers near-shore waters less than 300 feet deep. Coast Guard plans, which could vary depending on specific conditions during an actual emergency, call for those staging areas to be separated by an exclusionary area. This exclusionary area would measure 3.7 nautical miles long by one (1) nautical VerDate Mar<15>2010 16:30 May 13, 2013 Jkt 229001 mile wide, centering lengthwise and along a line running seaward at 208 degrees southwest of the Honolulu Harbor Range light. Commercial vessels would have to stay west of the exclusionary area, and recreational vessels would have to stay east of the exclusionary area. A graphic of the regulated navigation area is in the docket (see the ‘‘Viewing comments and documents’’ section of this NPRM). It shows how we expect to separate commercial and recreational vessels when we would enforce the RNA, but under actual enforcement conditions local commanders could make alternate arrangements as those conditions warrant. D. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders. 1. Regulatory Planning and Review This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, because it would have an effect on the regulated public only in the rare circumstances of a tsunami threat, while at other times vessels will be able to transit the area freely. Therefore, it does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. 2. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this proposed rule on small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities because it would have an effect on the regulated public only in the rare circumstances of a tsunami threat, while at other times vessels will be able to transit the area freely. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed 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 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 28171 this rule would economically affect it. Before the effective period, we will issue maritime advisories widely available to the Oahu maritime, commercial, and tourist communities. 3. 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 proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Lieutenant Commander Scott Whaley, Waterways Management Division, U.S. Coast Guard Sector Honolulu, at 808–522–8264 ext. 352, or at Scott.O.Whaley@uscg.mil via email. 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 proposed rule or any policy or action of the Coast Guard. 4. Collection of Information This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520.). 5. 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 proposed rule under that Order and have determined that it does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the ‘‘For Further Information Contact’’ section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. 7. 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 E:\FR\FM\14MYP1.SGM 14MYP1 28172 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Proposed Rules aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule would not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This proposed rule would not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This proposed 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. 10. Protection of Children From Environmental Heath Risks We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Further, the Administrator of the Office of Information and Regulatory Affairs has not designated this as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. 13. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272) 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 proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is 12. Energy Effects categorically excluded from further We have analyzed this proposed rule review under paragraph (34)(g) of Figure under Executive Order 13211, Actions 2–1 of the Commandant Instruction. An Concerning Regulations That environmental analysis checklist and a Significantly Affect Energy Supply, categorical exclusion determination are Distribution, or Use. An action is a available in the docket where indicated ‘‘significant energy action’’ under E.O. under ADDRESSES. We seek any 13211 if the action is (1) an agency comments or information that may lead action, (2) which is or will lead to a final to the discovery of a significant rule, and is either (3a) a ‘‘significant environmental impact from this regulatory action’’ under Executive proposed rule. Order 12866 AND is likely to have a significant adverse effect on the supply, List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation distribution, or use of energy OR (3b) (water), Reporting and recordkeeping has been designated a ‘‘significant requirements, Security measures, energy action by the Administrator of the Office of Information and Regulatory Waterways. Affairs. We have determined that it is For the reasons discussed in the not a ‘‘significant energy action’’ under preamble, the Coast Guard proposes to that order because it is not a ‘‘significant amend 33 CFR part 165 as follows: mstockstill on DSK4VPTVN1PROD with PROPOSALS 11. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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. VerDate Mar<15>2010 16:30 May 13, 2013 Jkt 229001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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. ■ 2. Add § 165.1413 to read as follows: § 165.1413 Regulated navigation area; Southern Oahu Tsunami Evacuation; Honolulu, Hawaii. (a) Location. The following area is a regulated navigation area (RNA): All waters contained within an area composing of an area on the southern side of Oahu, HI. The RNA extends from the surface of the water to the ocean floor and is bound by the following points: 21°17′14″ N, 157°55′34″ W, 21°13′30″ N, 157°55′34″ W; 21°13′30″ N, 157°48′20″ W; 21°15′10″ N, 157°48′20″ W thence westward along the 50 fathom curve to the beginning point. These coordinates are based upon the National Oceanic and Atmospheric Administration Coast Survey, Pacific Ocean, Oahu, Hawaii, chart 19357. (b) Regulations. You may contact the Coast Guard on VHF Channel 16 (156.800 MHz) or at telephone number 808–842–2600, to obtain clarification on RNA transits and locations. Coast Guard patrol boats will be enforcing the RNA and providing on-scene direction. During the enforcement period persons and vessels wishing to remain inside the RNA must abide by the following stipulations: (1) No person or vessel may enter into an exclusionary area 3.7 nautical miles long by one (1) nautical miles wide, centered lengthwise and along a line running seaward at 208 degrees southwest of Honolulu Harbor Front Range Light, except to transit to or from the staging areas or other areas outside the zone. Loitering or lingering in the exclusionary zone is prohibited. (2) All recreational vessels wishing to remain in the RNA must transit to and stage east of the exclusionary area, while all commercial vessels wishing to remain in the RNA must transit to and stage west of the exclusionary area. (3) All vessels staging in the RNA must be seaward of the 50 fathom (300 foot) curve. (c) Enforcement period. Paragraph (b) of this section will be enforced only when a tsunami warning has been issued for the Hawaiian Islands by the Pacific Tsunami Warning Center. The COTP will notify the public of any enforcement, suspension of enforcement, or termination of E:\FR\FM\14MYP1.SGM 14MYP1 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Proposed Rules enforcement through appropriate means to ensure the widest publicity, including the use of broadcast notice to mariners, Notices of implementation, and press releases. (d) Penalties. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Dated: April 16, 2013. C.W. Ray, Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard District. [FR Doc. 2013–11233 Filed 5–13–13; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 9110–04–P Charles Hatten, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6031, hatten.charles@epa.gov. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2011–0406; EPA–R05– OAR–2013–0083; FRL–9811–5] Approval and Promulgation of Air Quality Implementation Plans; Indiana; Sulfur Dioxide and Nitrogen Dioxide Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing to approve a request submitted by the Indiana Department of Environmental Management on April 15, 2011, and supplemented on January 30, 2013, to revise the Indiana state implementation plan (SIP) for nitrogen dioxide (NO2) and sulfur dioxide (SO2) under the Clean Air Act. This submittal consists of revisions to the Indiana Administrative Code that amend the national ambient air quality standards (NAAQS) for NO2 and SO2 to be consistent with the NAAQS that EPA promulgated in 2010. DATES: Comments must be received on or before June 13, 2013. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2010–0083, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: blakley.pamela@epa.gov. 3. Fax: (312) 692–2450. 4. Mail: Pamela Blakley, Chief, Control Strategies Section (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Pamela Blakley, Chief, Control Strategies Section (AR– 18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries mstockstill on DSK4VPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:30 May 13, 2013 are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. Please see the direct final rule which is located in the Final Rules section of this Federal Register for detailed instructions on how to submit comments. Jkt 229001 In the final rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If we do not receive any adverse comments in response to this rule, we do not contemplate taking any further action. If EPA receives adverse comments, we will withdraw the direct final rule, and will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule, which is located in the Final Rules section of this Federal Register. SUPPLEMENTARY INFORMATION: Dated: April 29, 2013. Susan Hedman, Regional Administrator, Region 5. [FR Doc. 2013–11305 Filed 5–13–13; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 28173 NATIONAL SCIENCE FOUNDATION 45 CFR Part 612 RIN 3145–AA56 Availability of Records and Information National Science Foundation. Proposed rule. AGENCY: ACTION: This document sets forth proposed revisions of the Foundation’s regulations under the Freedom of Information Act (FOIA). The revisions implement the provision of the Open FOIA Act of 2009 which amended Exemption 3, update procedural provisions, and allow for multi-track processing of requests. DATES: Submit comments on or before June 13, 2013. ADDRESSES: Address all comments concerning this rule to the Office of the General Counsel, National Science Foundation, 4201 Wilson Boulevard, Suite 1265, Arlington, VA 22230. You may also send comments by facsimile transmission to (703) 292–9041, or send them electronically through the Federal Government’s one-stop rulemaking Web site at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: D. Matthew Powell, Assistant General Counsel, Office of the General Counsel, National Science Foundation, telephone 703–292–8060 or email mpowell@nsf.gov. SUMMARY: SUPPLEMENTARY INFORMATION: Availability of Records and Information (45 CFR Part 612) (FOTA Regulations) This revision of part 612 implements the provision of the Open FOIA Act of 2009 which amends Exemption 3. It also updates and clarifies several procedural provisions concerning FOIA administration, reflects changes in case law, and includes revised current cost figures for calculating and charging fees. The duplication fee would be reduced. In addition, the Foundation proposes to implement multi-track processing. Clarifications and procedural changes are found at § 612.1(b) (General Provisions); § 612.3(b) and (f) (Requirements for making requests); § 612.5(a), (b), (c) and (d)(3) (Timing of responses to requests); § 612.6(a) (Responses to requests); § 612.7(a)(2), (3) and (5)(iii) (Exemptions); and § 612.10(b)(3), and (c)(1) and (2) (Fees). For purposes of the Regulatory Flexibility Act (5 U.S.C. 601), the revised rule will not have a significant economic effect on a substantial number of small entities; the rule addresses the procedures to be followed when E:\FR\FM\14MYP1.SGM 14MYP1

Agencies

[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Proposed Rules]
[Pages 28170-28173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11233]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0080]
RIN 1625-AA11


Regulated Navigation Area; Southern Oahu Tsunami Vessel 
Evacuation; Honolulu, HI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes a permanent regulated navigation area 
(RNA), enforcement of which would take place only during times when a 
tsunami warning is issued for the Hawaiian Islands by the Pacific 
Tsunami Warning Center. Tsunami warnings require the evacuation of a 
large number of vessels from their respective harbors. Following the 
evacuation, these vessels must remain offshore until the emergency 
situation has passed and the harbors have been deemed safe for re-
entry. Past tsunami warnings have created potentially dangerous 
offshore traffic congestion between commercial and recreational vessel 
traffic. Because of this, designated vessel traffic staging areas are 
necessary for a safe and orderly evacuation of Southern Oahu ports.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 13, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0080 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Lieutenant Commander Scott Whaley of the United States 
Coast Guard Sector Honolulu at 808-522-8264 ext.352 or 
Scott.O.Whaley@uscg.mil, respectively. If you have questions on viewing 
or submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area

A. Public Participation and Request for Comments

    We encourage you to respond to this notice by submitting comments 
and related materials. All comments received will be posted without 
change to http://www.regulations.gov and will include any personal 
information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission. To submit your 
comment online, go to http://www.regulations.gov, type the docket 
number USCG-2012-0080 in the ``SEARCH'' box, and then click ``SEARCH.'' 
Click on ``Submit a Comment'' on the line associated with this 
rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
inserting USCG-2012-0080 in the ``SEARCH'' box, and then click 
``SEARCH.'' You may also visit the Docket Management Facility in Room 
W12-140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We 
have an agreement with the Department of Transportation to use the 
Docket Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain in detail why you believe a public meeting 
would be beneficial. If we determine that one would aid in solving this 
problem, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. Basis and Purpose

    The statutory basis for this rulemaking is 33 U.S.C. 1231, which 
gives the Coast Guard, under a delegation from the Secretary of 
Homeland Security, regulatory authority to enforce the Ports and 
Waterways Safety Act. A regulated navigation area is a water area 
within a defined boundary for which regulations for

[[Page 28171]]

vessels navigating within the area have been established to mitigate 
hazardous conditions deemed to exist in that area. The purpose of this 
rulemaking is to provide greater safety for vessels and maritime 
commerce in the event of a tsunami threat.
    Earthquakes off Chile and Japan in February 2010 and March 2011, 
respectively, resulted in tsunami threats to the Main Hawaiian Islands. 
These incidents emphasized the need to establish heightened safety 
measures, to ensure an orderly and organized evacuation plan, in order 
to protect the infrastructure of the southern coast of Oahu, Hawaii, 
including Honolulu Harbor. Honolulu Harbor has only one entrance for 
large commercial vessels and is the principle harbor of Hawaii's hub 
and spoke maritime commerce system. If, during an emergency, a marine 
incident were to occur off the southern shore of Oahu, especially near 
the entrance of Honolulu Harbor, the results could be devastating to 
Hawaii's economy and the maritime commerce system and the 
constituencies that rely heavily upon the system's viability.

C. Discussion of Proposed Rule

    In response to this risk, the Coast Guard proposes to establish a 
regulated navigation area designated as the Southern Oahu Tsunami 
Evacuation zone.
    The Coast Guard has collaborated with the Hawaii Ocean Safety Team, 
the Industry Advisory Board, and other industry partners in the 
development of this rule. All recommendations have received careful 
consideration during the drafting of this rule. This rule accurately 
reflects the best practices as recommended by Hawaii's professional 
mariners.
    In the event of a tsunami warning, the Coast Guard Captain of the 
Port for Honolulu (COTP) would notify the public that an enforcement 
period is in effect for the duration of the emergency for this RNA. At 
the conclusion of the treat, the COTP would notify the public when the 
RNA enforcement period is suspended or terminated.
    During the enforcement period, the COTP would deploy Coast Guard 
assets to ensure participating commercial and recreational vessels move 
to and stay within separate staging areas, and seaward of the 50 fathom 
curve that covers near-shore waters less than 300 feet deep. Coast 
Guard plans, which could vary depending on specific conditions during 
an actual emergency, call for those staging areas to be separated by an 
exclusionary area. This exclusionary area would measure 3.7 nautical 
miles long by one (1) nautical mile wide, centering lengthwise and 
along a line running seaward at 208 degrees southwest of the Honolulu 
Harbor Range light. Commercial vessels would have to stay west of the 
exclusionary area, and recreational vessels would have to stay east of 
the exclusionary area.
    A graphic of the regulated navigation area is in the docket (see 
the ``Viewing comments and documents'' section of this NPRM). It shows 
how we expect to separate commercial and recreational vessels when we 
would enforce the RNA, but under actual enforcement conditions local 
commanders could make alternate arrangements as those conditions 
warrant.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
because it would have an effect on the regulated public only in the 
rare circumstances of a tsunami threat, while at other times vessels 
will be able to transit the area freely. Therefore, it does not require 
an assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed it 
under that Order.

2. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities because it would have an effect on the regulated public 
only in the rare circumstances of a tsunami threat, while at other 
times vessels will be able to transit the area freely.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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. Before the 
effective period, we will issue maritime advisories widely available to 
the Oahu maritime, commercial, and tourist communities.

3. 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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Commander Scott 
Whaley, Waterways Management Division, U.S. Coast Guard Sector 
Honolulu, at 808-522-8264 ext. 352, or at Scott.O.Whaley@uscg.mil via 
email. 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 
proposed rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. 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 proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the ``For Further 
Information Contact'' section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

7. 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

[[Page 28172]]

aggregate, or by the private sector of $100,000,000 or more in any one 
year. Though this proposed rule would not result in such expenditure, 
we do discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed 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.

10. Protection of Children From Environmental Heath Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

12. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. An action is a ``significant energy action'' 
under E.O. 13211 if the action is (1) an agency action, (2) which is or 
will lead to a final rule, and is either (3a) a ``significant 
regulatory action'' under Executive Order 12866 AND is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy OR (3b) has been designated a ``significant energy action by the 
Administrator of the Office of Information and Regulatory Affairs. 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. Further, the 
Administrator of the Office of Information and Regulatory Affairs has 
not designated this as a significant energy action. Therefore, it does 
not require a Statement of Energy Effects under Executive Order 13211.

13. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272) 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This rule is categorically 
excluded from further review under paragraph (34)(g) of Figure 2-1 of 
the Commandant Instruction. An environmental analysis checklist and a 
categorical exclusion determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

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 proposes 
to amend 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.

0
2. Add Sec.  165.1413 to read as follows:


Sec.  165.1413  Regulated navigation area; Southern Oahu Tsunami 
Evacuation; Honolulu, Hawaii.

    (a) Location. The following area is a regulated navigation area 
(RNA): All waters contained within an area composing of an area on the 
southern side of Oahu, HI. The RNA extends from the surface of the 
water to the ocean floor and is bound by the following points: 
21[deg]17'14'' N, 157[deg]55'34'' W, 21[deg]13'30'' N, 157[deg]55'34'' 
W; 21[deg]13'30'' N, 157[deg]48'20'' W; 21[deg]15'10'' N, 
157[deg]48'20'' W thence westward along the 50 fathom curve to the 
beginning point. These coordinates are based upon the National Oceanic 
and Atmospheric Administration Coast Survey, Pacific Ocean, Oahu, 
Hawaii, chart 19357.
    (b) Regulations. You may contact the Coast Guard on VHF Channel 16 
(156.800 MHz) or at telephone number 808-842-2600, to obtain 
clarification on RNA transits and locations. Coast Guard patrol boats 
will be enforcing the RNA and providing on-scene direction. During the 
enforcement period persons and vessels wishing to remain inside the RNA 
must abide by the following stipulations:
    (1) No person or vessel may enter into an exclusionary area 3.7 
nautical miles long by one (1) nautical miles wide, centered lengthwise 
and along a line running seaward at 208 degrees southwest of Honolulu 
Harbor Front Range Light, except to transit to or from the staging 
areas or other areas outside the zone. Loitering or lingering in the 
exclusionary zone is prohibited.
    (2) All recreational vessels wishing to remain in the RNA must 
transit to and stage east of the exclusionary area, while all 
commercial vessels wishing to remain in the RNA must transit to and 
stage west of the exclusionary area.
    (3) All vessels staging in the RNA must be seaward of the 50 fathom 
(300 foot) curve.
    (c) Enforcement period. Paragraph (b) of this section will be 
enforced only when a tsunami warning has been issued for the Hawaiian 
Islands by the Pacific Tsunami Warning Center. The COTP will notify the 
public of any enforcement, suspension of enforcement, or termination of

[[Page 28173]]

enforcement through appropriate means to ensure the widest publicity, 
including the use of broadcast notice to mariners, Notices of 
implementation, and press releases.
    (d) Penalties. Vessels or persons violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: April 16, 2013.
C.W. Ray,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard 
District.
[FR Doc. 2013-11233 Filed 5-13-13; 8:45 am]
BILLING CODE 9110-04-P