Safety Zones, Hurricane Lane Port Closures for Hawaiian Islands, 43762-43765 [2018-18581]
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Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations
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.
daltland on DSKBBV9HB2PROD with RULES
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.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, 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 that will prohibit persons and
vessels from entering, transiting
through, anchoring in or remaining
within a limited area on the navigable
water in the Delaware Bay, during a
fireworks display lasting one hour. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
(REC) 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,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
075°08′11.69″ W. All coordinates are
based on Datum NAD 1983.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port Delaware Bay (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter or
remain in the zone, contact the COTP or
the COTP’s designated representative
via VHF–FM channel 16 or 215–271–
4807. Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(3) No vessel may take on bunkers or
conduct lightering operations within the
safety zone during its enforcement.
(4) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
federal, state, and local agencies.
(e) Enforcement period. This zone
will be enforced from approximately
8:30 p.m. through 9:30 p.m. on
September 1, 2018.
Dated: August 23, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2018–18596 Filed 8–27–18; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
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.
Coast Guard
2. Add § 165.T05–0810 to read as
follows:
[Docket Number USCG–2018–0838]
§ 165.T05–0810 Safety Zone; Delaware
River Fireworks Display, Delaware River,
Philadelphia, PA.
Safety Zones, Hurricane Lane Port
Closures for Hawaiian Islands
■
■
(a) Location. The following area is a
safety zone: All navigable waters of the
Delaware River in the vicinity of Penn’s
Landing, Philadelphia, PA, within 500
yards of the fireworks barge anchored in
approximate position 39°56′49.66″ N,
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33 CFR Part 165
RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 9 temporary safety zones
encompassing Hawaii’s commercial
SUMMARY:
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harbors to include Nawiliwili and Port
Allen, Kauai; Barber’s Point and
Honolulu Harbor, Oahu; Kaunakakai,
Molokai; Kaumalapau, Lanai; Kahului,
Maui; and Kawaihae and Hilo on the
Island of Hawaii. These temporary
safety zones are necessary to protect the
harbors from the potential impacts of
Hurricane Lane and when enforced
functionally close the port to
commercial vessel traffic and require
the evacuation of vessels in accordance
with the Coast Guard Sector Honolulu
Heavy Weather and Hurricane Plan.
DATES: This rule is effective without
actual notice from August 28, 2018 until
August 29, 2018. For the purposes of
enforcement, actual notice will be used
from August 22, 2018, until August 28,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0838 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 E.
Bannon, Waterways Management
Division, U.S. Coast Guard; telephone
808–541–4359, email John.E.Bannon@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Honolulu
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule due to the
imminent approach of Hurricane Lane
and its potential impacts to the island
of Hawaii. Closing the ports and
ordering evacuation of vessels over 200
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gross tons is in accordance with Coast
Guard Sector Honolulu’s Maritime
Heavy Weather and Hurricane Plan. It is
impracticable to publish an NPRM
because of the rapid escalation of the
tropical storm to hurricane status and
the imminent threat posed.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
would be contrary to the rule’s
objectives of enhancing safety of life on
the navigable waters and protection of
persons and vessels due to the
imminent threat of the approaching
hurricane.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Honolulu (COTP)
has determined that potential hazards
associated with Hurricane Lane
constitute a safety concern for all
commercial harbors in Hawaii. This rule
is needed to protect personnel, vessels,
maritime commercial facilities, and the
marine environment in the navigable
waters of Nawiliwili and Port Allen,
Kauai; Barber’s Point and Honolulu
Harbor, Oahu; Kaunakakai, Molokai;
Kaumalapau, Lanai; Kahului, Maui; and
Kawaihae and Hilo on the Island of
Hawaii. This temporary rulemaking
implements the closure of the port and
evacuation of vessels called for in the
Coast Guard Sector Honolulu Heavy
Weather & Hurricane Plan. Consistent
with the Plan, the Captain of the Port
finds sufficient indications that the
approaching Hurricane Lane poses
considerable safety concerns, creating
the need for these safety zones.
IV. Discussion of the Rule
This rule establishes nine safety zones
encompassing Hawaii’s 9 commercial
harbors; Nawiliwili and Port Allen,
Kauai; Barber’s Point and Honolulu
Harbor, Oahu; Kaunakakai, Molokai;
Kaumalapau, Lanai; Kahului, Maui; and
Kawaihae and Hilo on the Island of
Hawaii. The Coast Guard is closing all
commercial harbors to vessels over 200
gross tons, in accordance with the Coast
Guard Sector Honolulu’s Heavy Weather
& Hurricane Plan and requires the
evacuation of all vessels over 200 gross
tons. Notice of actual port closure times
will be given to the maritime
community via marine safety
information bulletins and broadcast
notice to mariners. All vessels unable to
comply with this safety zone and
seeking to remain in port, must submit
a request to remain in port detailing
vessel specifics and a mooring plan for
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43763
approval from the Captain of the Port.
Vessels are not authorized to enter or
remain in port without the specific
authorization of the COTP Honolulu.
The harbors will remain closed until the
Coast Guard issues an ‘‘All Clear’’ for
the harbor after the storm passes and a
survey of the Harbor for potential
hazards is completed by the Coast
Guard.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the anticipated short
duration of the storm and protection of
personnel, vessels, maritime
commercial facilities, and the marine
environment from potential impacts of
Hurricane Lane. Moreover, the Coast
Guard will issue marine safety
information bulletins and broadcast
notice to mariners on marine channel 16
about the safety zones and the rule
allows vessels to seek permission to
enter the safety zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
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Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations
While some owners or operators of
vessels intending to transit the safety
zones may be small entities, for the
reasons stated in section V.A. above,
this rule will not have a significant
economic impact on any vessel owner
or operator. This rule may affect the
following small entities: The owners or
operations of vessels intending to
transit, anchor, or moor within nine
safety zones encompassing Hawaii’s 9
commercial harbors; Nawiliwili and
Port Allen, Kauai; Barber’s Point and
Honolulu Harbor, Oahu; Kaunakakai,
Molokai; Kaumalapau, Lanai; Kahului,
Maui; and Kawaihae and Hilo on the
Island of Hawaii between August 22,
2018 and August 29, 2018. Upon
passing of the hurricane and verification
of the safety of the waterways, all
vessels will be allowed to reenter or exit
the commercial ports of Hawaii as soon
as reasonably expected and safe to
allow.
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.
daltland on DSKBBV9HB2PROD with RULES
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
VerDate Sep<11>2014
15:59 Aug 27, 2018
Jkt 244001
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
Directive 023–01 and Commandant
Instruction M16475.1D, 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 safety
zones lasting 7 days that will prohibit
entry into 9 Hawaii commercial harbors;
Nawiliwili and Port Allen, Kauai;
Barber’s Point and Honolulu Harbor,
Oahu; Kaunakakai, Molokai;
Kaumalapau, Lanai; Kahului, Maui; and
Kawaihae and Hilo on the Island of
Hawaii. It is categorically excluded from
further review under paragraph L60(c)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination will be made available in
the docket where indicated under
ADDRESSES.
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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,
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.T14–0838 to read as
follows:
■
§ 165.T14–0838 Safety Zones, Hurricane
Lane Port Closures for Hawaiian Islands.
(a) Location. The following
commercial harbors are safety zones:
(1) All waters of Barber’s Point
Harbor, Oahu inland from a line drawn
between 21°19′30″ N, 158°07′14″ W and
21°19′18″ N, 158°07′18″ W;
(2) All waters of Honolulu Harbor,
Oahu inland from a line drawn between
21°17′56″ N, 157°52′15″ W and
21°17′45″ N, 157°52′10″ W;
(3) All waters of Kaunakakai Harbor,
immediately adjacent to the Interisland
Cargo Terminal out to 100 yards of the
west face of the pier;
(4) All waters of Kaumalapau Harbor,
Lanai inland from a line drawn between
20°47′10″ N, 156°59′32″ W and
21°47′01″ N, 156°59′31″ W;
(5) All waters of Kahului Harbor,
Maui inland from a line drawn between
20°54′01″ N, 156°28′26″ W and
20°54′02″ N, 156°28′18″ W;
(6) All waters of Kawaihae Harbor,
Hawaii inland from a line drawn
between 20°02′14″ N, 158°50′02″ W and
20°02′19″ N, 155°49′55″ W;
(7) All waters of Hilo Harbor, Hawaii
inland from a line drawn between
19°44′17″ N, 155°05′22″ W and
19°44′34″ N, 155°04′31″ W;
(8) All waters of Nawiliwili Harbor,
Kauai inland from a line drawn between
21°56′58″ N, 159°21′28″ W and
21°57′11″ N, 159°21′10″ W;
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(9) The Port Allen, Kauai from all
waters immediately adjacent to the
Department of Transportation
commercial pier (located at 21°53′59″ N,
157°35′21″ W) extending out to 100
yards from the piers faces;
(b) Regulations. The general
regulations governing safety zones
contained in 33 CFR 165.23, Subpart C,
apply to the safety zones created by this
temporary final rule.
(1) All persons and vessels 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 authorized by
the COTP Honolulu or his designated
representative.
(3) Persons or vessels desiring to
transit the safety zones identified in
paragraph (a) of this section may contact
the COTP Honolulu through his
designated representatives at the
Command Center via telephone: (808)
842–2600 and (808) 842–2601; fax: (808)
842–2642; or on VHF channel 16 (156.8
Mhz) to request permission. If
permission is granted, all persons and
vessels must comply with the
instructions of the COTP Honolulu or
his designated representative.
(5) The commercial ports of the
Hawaiian Islands will be closed to all
inbound traffic when the COTP
Honolulu issues a marine safety
information bulletin twelve hours before
the onset of tropical storm force winds
are forecasted to impact the port. All
vessels over 200 gross tons must
evacuate.
(6) All vessels unable to comply with
this safety zone may request a waiver
from the COTP Honolulu by submitting
a request with their hurricane plans for
review and approval by the designated
representative of COTP Honolulu.
(7) The harbors will remain closed
until the Coast Guard issues an ‘‘All
Clear’’ for the harbor after the storm
passes and a survey of the Harbor for
potential hazards is completed by the
Coast Guard.
(c) Definitions. As used in this
section, designated representative
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the COTP Honolulu to
assist in enforcing the security zone
described in paragraph (a) of this
section.
(f) Enforcement period. This rule will
be enforced from 11 a.m. on August 22,
2018, through 11 a.m. on August 29,
2018.
(g) Notice of enforcement. The COTP
Honolulu will cause Notice of the
Enforcement of these safety zones
described in this section to be made by
Broadcast to the maritime community
via marine safety information bulletins
and broadcast notice to mariners on
VHF channel 16 (156.8 MHz).
Dated: August 22, 2018.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the
Port Honolulu.
[FR Doc. 2018–18581 Filed 8–27–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0282; FRL–9981–
98—Region 9]
Approval of Air Plan Revisions;
Approvals and Promulgations:
California; Placer County Air Pollution
Control District; Stationary Source
Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing action on a
revision to the Placer County Air
Pollution Control District (PCAPCD or
SUMMARY:
43765
District) portion of the California State
Implementation Plan (SIP). This
revision concerns the District’s
Prevention of Significant Deterioration
(PSD) permitting program for new and
modified sources of air pollution. We
are finalizing action on a local rule
under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: This rule will be effective on
September 27, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
EPA–R09–OAR–2018–0282. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Laura Yannayon, EPA Region IX, (415)
972–3534, yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On June 14, 2018 (83 FR 27738), the
EPA proposed to fully approve the
following rule that was submitted for
incorporation into the PCAPCD portion
of the California SIP.
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TABLE 1—SUBMITTED RULE
Adopted or
amended
Rule No.
Rule title
518 .............................
Prevention of Significant Deterioration (PSD) Permit Program ......................................
We proposed approval of this rule
because we determined that the rule met
the statutory requirements for SIP
revisions as specified in section 110(l)
of the CAA, as well as the substantive
statutory and regulatory requirements
for a PSD permit program as contained
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in CAA section 110(a)(2)(C) and 40 CFR
51.166.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received two comments
on the proposed rule. These comments
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10/13/16
Submitted
1/24/17
raised issues that are outside the scope
of our proposed approval of Rule 518,
including air pollution monitoring in
China and India, climate change, and
wind and solar power costs and
regulations. None of those comments are
germane to our evaluation of Rule 518.
The EPA is required to approve a state
SIP submission if the submittal meets
E:\FR\FM\28AUR1.SGM
28AUR1
]]>Agencies
[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Rules and Regulations]
[Pages 43762-43765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18581]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0838]
RIN 1625-AA00
Safety Zones, Hurricane Lane Port Closures for Hawaiian Islands
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 9 temporary safety zones
encompassing Hawaii's commercial
[[Page 43763]]
harbors to include Nawiliwili and Port Allen, Kauai; Barber's Point and
Honolulu Harbor, Oahu; Kaunakakai, Molokai; Kaumalapau, Lanai; Kahului,
Maui; and Kawaihae and Hilo on the Island of Hawaii. These temporary
safety zones are necessary to protect the harbors from the potential
impacts of Hurricane Lane and when enforced functionally close the port
to commercial vessel traffic and require the evacuation of vessels in
accordance with the Coast Guard Sector Honolulu Heavy Weather and
Hurricane Plan.
DATES: This rule is effective without actual notice from August 28,
2018 until August 29, 2018. For the purposes of enforcement, actual
notice will be used from August 22, 2018, until August 28, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0838 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 E. Bannon, Waterways Management
Division, U.S. Coast Guard; telephone 808-541-4359, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Honolulu
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule due to the imminent approach of Hurricane
Lane and its potential impacts to the island of Hawaii. Closing the
ports and ordering evacuation of vessels over 200 gross tons is in
accordance with Coast Guard Sector Honolulu's Maritime Heavy Weather
and Hurricane Plan. It is impracticable to publish an NPRM because of
the rapid escalation of the tropical storm to hurricane status and the
imminent threat posed.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the rule's objectives of enhancing safety of life on the
navigable waters and protection of persons and vessels due to the
imminent threat of the approaching hurricane.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Honolulu (COTP) has determined that
potential hazards associated with Hurricane Lane constitute a safety
concern for all commercial harbors in Hawaii. This rule is needed to
protect personnel, vessels, maritime commercial facilities, and the
marine environment in the navigable waters of Nawiliwili and Port
Allen, Kauai; Barber's Point and Honolulu Harbor, Oahu; Kaunakakai,
Molokai; Kaumalapau, Lanai; Kahului, Maui; and Kawaihae and Hilo on the
Island of Hawaii. This temporary rulemaking implements the closure of
the port and evacuation of vessels called for in the Coast Guard Sector
Honolulu Heavy Weather & Hurricane Plan. Consistent with the Plan, the
Captain of the Port finds sufficient indications that the approaching
Hurricane Lane poses considerable safety concerns, creating the need
for these safety zones.
IV. Discussion of the Rule
This rule establishes nine safety zones encompassing Hawaii's 9
commercial harbors; Nawiliwili and Port Allen, Kauai; Barber's Point
and Honolulu Harbor, Oahu; Kaunakakai, Molokai; Kaumalapau, Lanai;
Kahului, Maui; and Kawaihae and Hilo on the Island of Hawaii. The Coast
Guard is closing all commercial harbors to vessels over 200 gross tons,
in accordance with the Coast Guard Sector Honolulu's Heavy Weather &
Hurricane Plan and requires the evacuation of all vessels over 200
gross tons. Notice of actual port closure times will be given to the
maritime community via marine safety information bulletins and
broadcast notice to mariners. All vessels unable to comply with this
safety zone and seeking to remain in port, must submit a request to
remain in port detailing vessel specifics and a mooring plan for
approval from the Captain of the Port. Vessels are not authorized to
enter or remain in port without the specific authorization of the COTP
Honolulu. The harbors will remain closed until the Coast Guard issues
an ``All Clear'' for the harbor after the storm passes and a survey of
the Harbor for potential hazards is completed by the Coast Guard.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the anticipated
short duration of the storm and protection of personnel, vessels,
maritime commercial facilities, and the marine environment from
potential impacts of Hurricane Lane. Moreover, the Coast Guard will
issue marine safety information bulletins and broadcast notice to
mariners on marine channel 16 about the safety zones and the rule
allows vessels to seek permission to enter the safety zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
[[Page 43764]]
While some owners or operators of vessels intending to transit the
safety zones may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator. This rule may affect the following small
entities: The owners or operations of vessels intending to transit,
anchor, or moor within nine safety zones encompassing Hawaii's 9
commercial harbors; Nawiliwili and Port Allen, Kauai; Barber's Point
and Honolulu Harbor, Oahu; Kaunakakai, Molokai; Kaumalapau, Lanai;
Kahului, Maui; and Kawaihae and Hilo on the Island of Hawaii between
August 22, 2018 and August 29, 2018. Upon passing of the hurricane and
verification of the safety of the waterways, all vessels will be
allowed to reenter or exit the commercial ports of Hawaii as soon as
reasonably expected and safe to allow.
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
Directive 023-01 and Commandant Instruction M16475.1D, 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
safety zones lasting 7 days that will prohibit entry into 9 Hawaii
commercial harbors; Nawiliwili and Port Allen, Kauai; Barber's Point
and Honolulu Harbor, Oahu; Kaunakakai, Molokai; Kaumalapau, Lanai;
Kahului, Maui; and Kawaihae and Hilo on the Island of Hawaii. It is
categorically excluded from further review under paragraph L60(c) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination
will be made 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, 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.T14-0838 to read as follows:
Sec. 165.T14-0838 Safety Zones, Hurricane Lane Port Closures for
Hawaiian Islands.
(a) Location. The following commercial harbors are safety zones:
(1) All waters of Barber's Point Harbor, Oahu inland from a line
drawn between 21[deg]19'30'' N, 158[deg]07'14'' W and 21[deg]19'18'' N,
158[deg]07'18'' W;
(2) All waters of Honolulu Harbor, Oahu inland from a line drawn
between 21[deg]17'56'' N, 157[deg]52'15'' W and 21[deg]17'45'' N,
157[deg]52'10'' W;
(3) All waters of Kaunakakai Harbor, immediately adjacent to the
Interisland Cargo Terminal out to 100 yards of the west face of the
pier;
(4) All waters of Kaumalapau Harbor, Lanai inland from a line drawn
between 20[deg]47'10'' N, 156[deg]59'32'' W and 21[deg]47'01'' N,
156[deg]59'31'' W;
(5) All waters of Kahului Harbor, Maui inland from a line drawn
between 20[deg]54'01'' N, 156[deg]28'26'' W and 20[deg]54'02'' N,
156[deg]28'18'' W;
(6) All waters of Kawaihae Harbor, Hawaii inland from a line drawn
between 20[deg]02'14'' N, 158[deg]50'02'' W and 20[deg]02'19'' N,
155[deg]49'55'' W;
(7) All waters of Hilo Harbor, Hawaii inland from a line drawn
between 19[deg]44'17'' N, 155[deg]05'22'' W and 19[deg]44'34'' N,
155[deg]04'31'' W;
(8) All waters of Nawiliwili Harbor, Kauai inland from a line drawn
between 21[deg]56'58'' N, 159[deg]21'28'' W and 21[deg]57'11'' N,
159[deg]21'10'' W;
[[Page 43765]]
(9) The Port Allen, Kauai from all waters immediately adjacent to
the Department of Transportation commercial pier (located at
21[deg]53'59'' N, 157[deg]35'21'' W) extending out to 100 yards from
the piers faces;
(b) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.23, Subpart C, apply to the safety zones
created by this temporary final rule.
(1) All persons and vessels 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
authorized by the COTP Honolulu or his designated representative.
(3) Persons or vessels desiring to transit the safety zones
identified in paragraph (a) of this section may contact the COTP
Honolulu through his designated representatives at the Command Center
via telephone: (808) 842-2600 and (808) 842-2601; fax: (808) 842-2642;
or on VHF channel 16 (156.8 Mhz) to request permission. If permission
is granted, all persons and vessels must comply with the instructions
of the COTP Honolulu or his designated representative.
(5) The commercial ports of the Hawaiian Islands will be closed to
all inbound traffic when the COTP Honolulu issues a marine safety
information bulletin twelve hours before the onset of tropical storm
force winds are forecasted to impact the port. All vessels over 200
gross tons must evacuate.
(6) All vessels unable to comply with this safety zone may request
a waiver from the COTP Honolulu by submitting a request with their
hurricane plans for review and approval by the designated
representative of COTP Honolulu.
(7) The harbors will remain closed until the Coast Guard issues an
``All Clear'' for the harbor after the storm passes and a survey of the
Harbor for potential hazards is completed by the Coast Guard.
(c) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the COTP Honolulu to assist in enforcing the
security zone described in paragraph (a) of this section.
(f) Enforcement period. This rule will be enforced from 11 a.m. on
August 22, 2018, through 11 a.m. on August 29, 2018.
(g) Notice of enforcement. The COTP Honolulu will cause Notice of
the Enforcement of these safety zones described in this section to be
made by Broadcast to the maritime community via marine safety
information bulletins and broadcast notice to mariners on VHF channel
16 (156.8 MHz).
Dated: August 22, 2018.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2018-18581 Filed 8-27-18; 8:45 am]
BILLING CODE 9110-04-P
