Safety Zone; Mamala Bay, Oahu, HI, 49110-49113 [2017-22992]

Download as PDF 49110 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacyNotice. Documents mentioned in this TFR as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site’s instructions. Additionally, if you go to the online docket and sign up for email alerts; you will be notified when comments are posted or if a revised final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01–0890 to read as follows: ■ pmangrum on DSK3GDR082PROD with RULES § 165.T01–0890 Regulated Navigation Area; Beals Island Bridge Replacement, Moosabec Reach, Jonesport, ME. (a) Regulated Navigation Area boundaries. The following area is a Regulated Navigation Area (RNA): All navigable waters of the Moosabec Reach between Jonesport, ME, and Beals, ME, from surface to bottom, within 150yards of the Beals Island Bridge. Encompassed by a line connecting the following points 44°31′19.8″ N., 67°36′44.1″ W. and then west along the shoreline to a point on land at position 44°31′20.1″ N., 67°36′57.9″ W. and then north across the channel to a point on land at position 44°31′39.1″ N., VerDate Sep<11>2014 15:12 Oct 23, 2017 Jkt 244001 67°37′01.7″ W. and then east along the shoreline to a point on land at position 44°31′41.3″ N., 67°36′48.9″ W. 3°10′04.944″ W. and then south across the channel back to the point of origin. These coordinates are based on [NAD 83]. (b) Regulations. The general regulations contained in 33 CFR 165.13 apply within the RNA. (1) Any vessel transiting through the Beals Island Bridge must make a direct passage using the main channel under the center span. No vessel may stop, moor, anchor, or loiter within the RNA at any time unless they are working on the bridge construction or have received prior authorization by the First District Commander or the Captain of the Port (COTP), Sector Northern New England, or his designated representative. (2) Movement within this RNA is subject to a ‘‘Slow-No Wake’’ speed limit. No vessels may produce a wake nor attain speeds greater than five (5) knots unless a higher minimum speed is necessary to maintain bare steerageway. (3) No vessel with a beam greater than 75 feet may transit this area unless they receive advance authorization by the First District Commander or the Captain of the Port (COTP), Sector Northern New England. (4) There may be times that the First District Commander or the COTP finds it necessary to close the RNA to vessel traffic. Mariners will be advised of all closure dates and times via Local Notice to Mariners and Broadcast Notice to Mariners in advance of closure times. During periods of closure, persons and vessels may request permission to enter and transit the RNA by contacting the COTP or the COTP’s on-scene representative on VHF–16 or via phone at 207–767–0303. (5) Any vessels transiting within this RNA must comply with all directions given to them by the COTP or the COTP’s on-scene representative. The ‘‘on-scene representative’’ of the COTP is any Coast Guard commissioned, warrant or petty officer who has been designated by the COTP to act on the COTP’s behalf. The on-scene representative may be on a Coast Guard vessel; or other designated craft; or on shore and communicating with vessels via VHF–FM radio or loudhailer. Members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (6) All other relevant regulations, including but not limited to the Rules of the Road, as codified in 33 CFR Subchapter E, Inland Navigational Rules, remain in effect within this RNA and must be strictly followed at all times. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 (d) Penalties. Those who violate this section are subject to the penalties set forth in 33 U.S.C. 1232. (e) Enforcement period. This RNA’s speed and beam restrictions are enforceable 24 hours a day as long as this RNA is in place. The Coast Guard will enforce waterway closures only when necessary to protect people and vessels from hazards associated with bridge construction. (f) Notification. Coast Guard Sector Northern New England will give notice through the Local Notice to Mariners and Broadcast Notice to Mariners regarding enforcement of this RNA. Coast Guard Sector Northern New England will also notify the public to the greatest extent possible of any period in which the Coast Guard will suspend enforcement of this RNA. Dated: October 12, 2017. S.D. Poulin, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2017–23049 Filed 10–23–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0982] RIN 1625–AA00 Safety Zone; Mamala Bay, Oahu, HI Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: On October 10, 2017, the fishing vessel PACIFIC PARADISE ran aground off of the navigable waters of Mamala Bay near Waikiki at Kaimana Beach, Oahu, Hawaii. On October 11, 2017, the Coast Guard established for seven days a temporary safety zone encompassing all waters extending 500 yards in all directions around the grounded fishing vessel located approximately 350 yards southwest of Kaimana Beach in position 21°15.69′ N.; 157°49.49′ W. to assist with vessel salvage operations. On October 18, 2017 the Coast Guard will extend the safety zone for two additional weeks while salvage operations continue. The temporary safety zone currently stationary around the grounded vessel will become a moving safety zone during the salvage and removal operation and remain a moving safety zone so until the towing operation is complete. During salvage and removal operations, the zone will continue to SUMMARY: E:\FR\FM\24OCR1.SGM 24OCR1 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations encompass 500 yards in all directions around the vessel at all times. When salvage tow operations commence, the Coast Guard will provide notice via a broadcast notice to mariners. The extension of this safety zone and shift to a moving safety zone during salvage and removal are necessary to protect personnel, vessels and the marine environment from potential hazards associated with ongoing operations to remove a grounded vessel in this area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Honolulu. DATES: This rule is effective without actual notice from October 24, 2017 until 8:00 a.m. on November 1, 2017. For the purposes of enforcement, actual notice will be used from 8:00 a.m. on October 18, 2017, until October 24, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0982 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander John Bannon, Waterways Management Division, U.S. Coast Guard Sector Honolulu at (808) 541–4359 or john.e.bannon@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations pmangrum on DSK3GDR082PROD with RULES CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section TFR Temporary final rule U.S.C. United States Code II. Background Information and Regulatory History On October 11, 2017, the Coast Guard established a safety zone in the navigable waters of Mamala Bay, Oahu, HI, due to the October 10, 2017 grounding of the fishing vessel PACIFIC PARADISE. The purpose of the safety zone was to protect personnel, vessels and the marine environment from the hazards associated with the ongoing operations to salvage a grounded fishing vessel near Waikiki’s Kaimana Beach. Ongoing challenges with the salvage efforts necessitate a two-week extension to the TFR. Once the vessel is removed from the reef for final disposition, the safety zone shall shift from a stationary zone to a moving safety zone. The 500 VerDate Sep<11>2014 15:12 Oct 23, 2017 Jkt 244001 yard distance in all directions from the vessel shall remain in force at all times until the tow operation is complete and the zone is terminated. The Coast Guard is extending the existing TFR safety zone without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the initial estimate to salvage the vessel from the grounding was estimated at one week or less. Immediate action remains needed to respond to the safety hazards associated with this fishing vessel salvage effort for an estimated additional two weeks. Therefore, publishing an NPRM is impracticable and contrary to public interest. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule pursuant to 33 U.S.C. 1231. On October 10, 2017, the Coast Guard was informed the fishing vessel PACIFIC PARADISE, ran aground in Mamala Bay, Oahu, Hawaii, near Waikiki’s Kaimana Beach. Coast Guard COTP Sector Honolulu determined that potential hazards associated with the salvage and removal operations constituted a safety concern for anyone within the designated safety zone. This rule is necessary to protect personnel, vessels, and the marine environment within the navigable waters of the safety zone during ongoing salvage and removal operations. Salvage and removal operations involve removing the grounded vessel from a reef in high winds and seas; hazards include the risk of fire and those associated with towing the disabled vessel for disposition. IV. Discussion of the Rule This rule is effective from 8:00 a.m. on October 18, 2017 through 8:00 a.m. on November 1, 2017, or until salvage operations are complete, whichever is earlier. If the safety zone is terminated prior to 8:00 a.m. on November 1, 2017, the Coast Guard will provide notice via a broadcast notice to mariners. The temporary safety zone encompasses all waters extending 500 yards in all directions around the location of ongoing vessel salvage operations located 350 yards southwest of Kaimana Beach near position: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 49111 21°15.69′ N.; 157°49.49′ W. This zone extends from the surface of the water to the ocean floor. The safety zone is currently stationary around the grounded vessel. During the salvage and removal process, the safety zone will become a moving zone and remain so until the salvage towing operation is complete. The zone shall continue to encompass 500 yards in all directions around the fishing vessel and remain so until the operation is complete. When salvage operations commence, the Coast Guard will provide notice via a broadcast notice to mariners. The zone is intended to protect personnel, vessels, and the marine environment in these navigable waters from potential hazards associated with the salvage and removal of the fishing vessel. No vessel or person will be permitted to enter the safety zone absent the express authorization of the COTP Honolulu or his designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location and duration of the safety zone. Vessel traffic will be able to safely transit around this stationary or moving safety zone, including during the salvage tow, which would impact only a small designated area of the waters off Waikiki Beach where vessel traffic is normally low and open space exists in the area. Moreover, vessels wishing to enter the zone may seek permission as set forth below. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, E:\FR\FM\24OCR1.SGM 24OCR1 49112 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations pmangrum on DSK3GDR082PROD with RULES requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. The safety zone is limited in size and duration, and the location of the grounded vessel is not in an actively used navigable waterway. Once the vessel is free from the reef, the tow evolution will not impact existing waterway users. Furthermore, mariners may request to enter the zone by contacting the COTP. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, VerDate Sep<11>2014 15:12 Oct 23, 2017 Jkt 244001 Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone extension for duration of two additional weeks, providing for an overall three week estimated safety zone or until the salvage operations is suspended. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T14–0982 to read as follows: ■ § 165.T14–0982 Oahu, HI. Safety Zone; Mamala Bay, (a) Location. The safety zone is located within the COTP Honolulu Zone (See 33 CFR 3.70–10) and will encompass all navigable waters extending 500 yards in all directions from the fishing vessel PACIFIC PARADISE located approximately 350 yards southwest of Kaimana Beach, grounded at position: 21°15.69′ N.; 157°49.49′ W. Once the fishing vessel PACIFIC PARADISE is towed, the safety zone will become a moving safety zone and the 500 yards in all directions from the vessel will be enforced and throughout the moving salvage transit or disposal within Mamala Bay, Keehi Lagoon, or Honolulu Harbor. This zone extends from the surface of the water to the ocean floor. (b) Enforcement period. This rule is effective from 8:00 a.m. on October 18, 2017 through 8:00 a.m. on November 1, 2017, or until salvage recovery operations are complete, whichever is earlier. If the safety zone is terminated prior to 8:00 a.m. on November 1, 2017, the Coast Guard will provide notice via a broadcast notice to mariners. (c) Regulations. The general regulations governing safety zones contained in 33 CFR 165.20, Subpart C, apply to the safety zone created by this temporary final rule. E:\FR\FM\24OCR1.SGM 24OCR1 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations (1) All persons are required to comply with the general regulations governing safety zones found in 33 CFR part 165. (2) Entry into or remaining in this zone is prohibited unless expressly authorized by the COTP Honolulu or his designated representative. (3) Persons desiring to transit the stationary or moving safety zone identified in paragraph (a) of this section may contact the COTP at the Command Center telephone number (808) 842–2600 and (808) 842–2601, fax (808) 842–2642 or on VHF channel 16 (156.8 Mhz) to seek permission to transit the zone. If permission is granted, all persons and vessels must comply with the instructions of the COTP Honolulu or his designated representative and proceed at the minimum speed necessary to maintain a safe course while in the zone. (4) The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (d) Notice of enforcement. The COTP will provide notice of the enforcement of the safety zone described in this section via verbal broadcasts and written notice to mariners and the general public. (e) Definitions. As used in this section, designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the COTP to assist in enforcing the safety zone described in paragraph (a) of this section. Dated: October 18, 2017. M.C. Long, Captain, U.S. Coast Guard, Captain of the Port Honolulu. [FR Doc. 2017–22992 Filed 10–23–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 [COE–2016–0014] pmangrum on DSK3GDR082PROD with RULES United States Navy Danger Zone, East Pearl River, Within the Acoustic Buffer Area of the John C. Stennis Space Center, and Adjacent to Lands, in Hancock County, Mississippi AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Final rule. The U.S. Army Corps of Engineers published a document in the Federal Register on December 14, 2016, SUMMARY: VerDate Sep<11>2014 15:12 Oct 23, 2017 Jkt 244001 proposing to revise its regulations to establish a danger zone in the East Pearl River within the acoustic buffer of NASA’s John C. Stennis Space Center on the East Pearl River, in Hancock County, Mississippi. The Navy requested establishment of a danger zone on waterways and tributaries of the East Pearl River that are used by Naval Special Warfare units to conduct riverine training exercises. The purpose of the danger zone is to ensure public safety by restricting access within the danger zone during training events. DATES: Effective date: November 24, 2017. Headquarters, U.S. Army Corps of Engineers, Operations and Regulatory Community of Practice, 441 G Street NW., Washington, DC 20314– 1000. FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202–761–4922 or by email at david.b.olson@usace.army.mil or Ms. Kristi Hall, U.S. Army Corps of Engineers, Vicksburg District, Regulatory Branch, at 601–631–7529 or by email at kristi.w.hall@ usace.army.mil. ADDRESSES: Pursuant to its authorities under Section 7 of the Rivers and Harbors Act of 1917 (40 State 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 U.S.C. 3), the Corps is amending restricted area regulations at 33 CFR part 334 by adding § 334.784 to establish a danger zone along the East Pearl River. The amendment to this regulation will allow the Commanding Officer of Naval Construction Battalion Center, Gulfport, Mississippi (or his/her designee) to restrict passage of persons, watercraft, and vessels in the waters within the danger zone during Department of Defense training for conducting coastal and riverine special operations in support of global military missions. This area is referred to as a danger zone due to the use of shortrange training ammunition within riverine areas. The proposed rule was published in the December 14, 2016 edition of the Federal Register (81 FR 90292) with the docket number COE–2016–0014 and one comment was received. The commenter requested additional information on frequency or likely frequency of the utilization of the danger zone and suggested the description of the danger zone implied some portion of the river would be open for boat traffic during training exercises. The training has been occurring within SUPPLEMENTARY INFORMATION: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 49113 the proposed danger zone since 2004 and the formal establishment of the zone would not increase or decrease the frequency of training, change the type of training, or expand training. A vessel that needs to transit the danger zone when it is activated may do so if the operator of the vessel obtains permission from the Commanding Officer, Naval Construction Battalion Center, Gulfport or his or her designees. Furthermore, the description of the danger zone has been modified to omit reference to ‘‘left descending bank’’ to avoid confusion. On December 14, 2016, the Corps’ Vicksburg District issued a public notice soliciting comments on the proposed rule from all known interested parties and one comment was received. The commenter requested training be limited during posted hunting seasons. The establishment of the danger zone is for the purpose of public safety and to preserve current military training vital to ensuring combat ready forces, so training cannot be limited during posted hunting seasons. Procedural Requirements a. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. The Corps has made a determination this rule is not a significant regulatory action. This regulatory action determination is based on the size, duration, and location of the danger zone. The danger zone occupies a small portion of the waterway and will only be activated during naval training exercises. A vessel that needs to transit the danger zone when it is activated may do so if the operator of the vessel obtains permission from the Commanding Officer, Naval Construction Battalion Center, Gulfport or his or her designees. b. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider E:\FR\FM\24OCR1.SGM 24OCR1

Agencies

[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Rules and Regulations]
[Pages 49110-49113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22992]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0982]
RIN 1625-AA00


Safety Zone; Mamala Bay, Oahu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: On October 10, 2017, the fishing vessel PACIFIC PARADISE ran 
aground off of the navigable waters of Mamala Bay near Waikiki at 
Kaimana Beach, Oahu, Hawaii. On October 11, 2017, the Coast Guard 
established for seven days a temporary safety zone encompassing all 
waters extending 500 yards in all directions around the grounded 
fishing vessel located approximately 350 yards southwest of Kaimana 
Beach in position 21[deg]15.69' N.; 157[deg]49.49' W. to assist with 
vessel salvage operations. On October 18, 2017 the Coast Guard will 
extend the safety zone for two additional weeks while salvage 
operations continue. The temporary safety zone currently stationary 
around the grounded vessel will become a moving safety zone during the 
salvage and removal operation and remain a moving safety zone so until 
the towing operation is complete. During salvage and removal 
operations, the zone will continue to

[[Page 49111]]

encompass 500 yards in all directions around the vessel at all times. 
When salvage tow operations commence, the Coast Guard will provide 
notice via a broadcast notice to mariners. The extension of this safety 
zone and shift to a moving safety zone during salvage and removal are 
necessary to protect personnel, vessels and the marine environment from 
potential hazards associated with ongoing operations to remove a 
grounded vessel in this area. Entry of vessels or persons into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port (COTP) Honolulu.

DATES: This rule is effective without actual notice from October 24, 
2017 until 8:00 a.m. on November 1, 2017. For the purposes of 
enforcement, actual notice will be used from 8:00 a.m. on October 18, 
2017, until October 24, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0982 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander John Bannon, Waterways Management 
Division, U.S. Coast Guard Sector Honolulu at (808) 541-4359 or 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
TFR Temporary final rule
U.S.C. United States Code

II. Background Information and Regulatory History

    On October 11, 2017, the Coast Guard established a safety zone in 
the navigable waters of Mamala Bay, Oahu, HI, due to the October 10, 
2017 grounding of the fishing vessel PACIFIC PARADISE. The purpose of 
the safety zone was to protect personnel, vessels and the marine 
environment from the hazards associated with the ongoing operations to 
salvage a grounded fishing vessel near Waikiki's Kaimana Beach. Ongoing 
challenges with the salvage efforts necessitate a two-week extension to 
the TFR. Once the vessel is removed from the reef for final 
disposition, the safety zone shall shift from a stationary zone to a 
moving safety zone. The 500 yard distance in all directions from the 
vessel shall remain in force at all times until the tow operation is 
complete and the zone is terminated.
    The Coast Guard is extending the existing TFR safety zone without 
prior notice and opportunity to comment pursuant to authority under 
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). This provision authorizes an agency to issue a rule without 
prior notice and opportunity to comment when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast 
Guard finds that good cause exists for not publishing a notice of 
proposed rulemaking (NPRM) with respect to this rule because the 
initial estimate to salvage the vessel from the grounding was estimated 
at one week or less. Immediate action remains needed to respond to the 
safety hazards associated with this fishing vessel salvage effort for 
an estimated additional two weeks. Therefore, publishing an NPRM is 
impracticable and contrary to public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule pursuant to 33 U.S.C. 1231. On 
October 10, 2017, the Coast Guard was informed the fishing vessel 
PACIFIC PARADISE, ran aground in Mamala Bay, Oahu, Hawaii, near 
Waikiki's Kaimana Beach. Coast Guard COTP Sector Honolulu determined 
that potential hazards associated with the salvage and removal 
operations constituted a safety concern for anyone within the 
designated safety zone. This rule is necessary to protect personnel, 
vessels, and the marine environment within the navigable waters of the 
safety zone during ongoing salvage and removal operations. Salvage and 
removal operations involve removing the grounded vessel from a reef in 
high winds and seas; hazards include the risk of fire and those 
associated with towing the disabled vessel for disposition.

IV. Discussion of the Rule

    This rule is effective from 8:00 a.m. on October 18, 2017 through 
8:00 a.m. on November 1, 2017, or until salvage operations are 
complete, whichever is earlier. If the safety zone is terminated prior 
to 8:00 a.m. on November 1, 2017, the Coast Guard will provide notice 
via a broadcast notice to mariners.
    The temporary safety zone encompasses all waters extending 500 
yards in all directions around the location of ongoing vessel salvage 
operations located 350 yards southwest of Kaimana Beach near position: 
21[deg]15.69' N.; 157[deg]49.49' W. This zone extends from the surface 
of the water to the ocean floor. The safety zone is currently 
stationary around the grounded vessel. During the salvage and removal 
process, the safety zone will become a moving zone and remain so until 
the salvage towing operation is complete. The zone shall continue to 
encompass 500 yards in all directions around the fishing vessel and 
remain so until the operation is complete. When salvage operations 
commence, the Coast Guard will provide notice via a broadcast notice to 
mariners. The zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters from potential hazards 
associated with the salvage and removal of the fishing vessel. No 
vessel or person will be permitted to enter the safety zone absent the 
express authorization of the COTP Honolulu or his designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, location 
and duration of the safety zone. Vessel traffic will be able to safely 
transit around this stationary or moving safety zone, including during 
the salvage tow, which would impact only a small designated area of the 
waters off Waikiki Beach where vessel traffic is normally low and open 
space exists in the area. Moreover, vessels wishing to enter the zone 
may seek permission as set forth below.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended,

[[Page 49112]]

requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator. The safety zone is limited in size and 
duration, and the location of the grounded vessel is not in an actively 
used navigable waterway. Once the vessel is free from the reef, the tow 
evolution will not impact existing waterway users. Furthermore, 
mariners may request to enter the zone by contacting the COTP.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone extension for duration of two additional 
weeks, providing for an overall three week estimated safety zone or 
until the salvage operations is suspended. It is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T14-0982 to read as follows:


Sec.  165.T14-0982  Safety Zone; Mamala Bay, Oahu, HI.

    (a) Location. The safety zone is located within the COTP Honolulu 
Zone (See 33 CFR 3.70-10) and will encompass all navigable waters 
extending 500 yards in all directions from the fishing vessel PACIFIC 
PARADISE located approximately 350 yards southwest of Kaimana Beach, 
grounded at position: 21[deg]15.69' N.; 157[deg]49.49' W. Once the 
fishing vessel PACIFIC PARADISE is towed, the safety zone will become a 
moving safety zone and the 500 yards in all directions from the vessel 
will be enforced and throughout the moving salvage transit or disposal 
within Mamala Bay, Keehi Lagoon, or Honolulu Harbor. This zone extends 
from the surface of the water to the ocean floor.
    (b) Enforcement period. This rule is effective from 8:00 a.m. on 
October 18, 2017 through 8:00 a.m. on November 1, 2017, or until 
salvage recovery operations are complete, whichever is earlier. If the 
safety zone is terminated prior to 8:00 a.m. on November 1, 2017, the 
Coast Guard will provide notice via a broadcast notice to mariners.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.20, Subpart C, apply to the safety zone created 
by this temporary final rule.

[[Page 49113]]

    (1) All persons are required to comply with the general regulations 
governing safety zones found in 33 CFR part 165.
    (2) Entry into or remaining in this zone is prohibited unless 
expressly authorized by the COTP Honolulu or his designated 
representative.
    (3) Persons desiring to transit the stationary or moving safety 
zone identified in paragraph (a) of this section may contact the COTP 
at the Command Center telephone number (808) 842-2600 and (808) 842-
2601, fax (808) 842-2642 or on VHF channel 16 (156.8 Mhz) to seek 
permission to transit the zone. If permission is granted, all persons 
and vessels must comply with the instructions of the COTP Honolulu or 
his designated representative and proceed at the minimum speed 
necessary to maintain a safe course while in the zone.
    (4) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone by Federal, State, and local agencies.
    (d) Notice of enforcement. The COTP will provide notice of the 
enforcement of the safety zone described in this section via verbal 
broadcasts and written notice to mariners and the general public.
    (e) Definitions. As used in this section, designated representative 
means any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the COTP to assist in enforcing the safety zone 
described in paragraph (a) of this section.

    Dated: October 18, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-22992 Filed 10-23-17; 8:45 am]
BILLING CODE 9110-04-P
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