Safety Zone; Pacific Ocean, Hilo Harbor, HI-Lightering Operations, 10981-10983 [2020-03197]
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Federal Register / Vol. 85, No. 38 / Wednesday, February 26, 2020 / Rules and Regulations
the actions or intervals are approved as an
AMOC in accordance with the procedures
specified in paragraph (k)(1) of this AD.
(k) Other FAA AD Provisions
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300; fax 516–794–5531.
(i) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(ii) AMOCs approved previously for AD
2003–09–04 R1 are approved as AMOCs for
the corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or TCCA; or Bombardier, Inc.’s TCCA
DAO. If approved by the DAO, the approval
must include the DAO-authorized signature.
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(l) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
AD CF–2002–39R2, dated August 15, 2019,
for related information. This MCAI may be
found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2019–0720.
(2) For more information about this AD,
contact Andrea Jimenez, Aerospace Engineer,
Airframe and Mechanical Systems Section,
FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590;
telephone 516–228–7330; fax 516–794–5531;
email 9-avs-nyaco-cos@faa.gov.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(3) The following service information was
approved for IBR on March 18, 2020 (85 FR
7857, February 12, 2020).
(i) Bombardier CL–600–2B19 Maintenance
Requirements Temporary Revision 2B–2265,
dated July 19, 2018, to Appendix B—
Airworthiness Limitations, of Part 2 of the
Bombardier Maintenance Requirements
Manual.
(ii) Bombardier CL–600–2B19 Maintenance
Requirements Temporary Revision 2B–2266,
dated July 19, 2018, to Appendix B—
Airworthiness Limitations, of Part 2 of the
Bombardier Maintenance Requirements
Manual.
VerDate Sep<11>2014
16:11 Feb 25, 2020
Jkt 250001
(4) For service information identified in
this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9,
Canada; Widebody Customer Response
Center North America toll-free telephone 1–
866–538–1247 or direct-dial telephone 1–
514–855–2999; fax 514–855–7401; email
ac.yul@aero.bombardier.com; internet
https://www.bombardier.com.
(5) You may view this service information
at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
(6) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on February 20, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–03828 Filed 2–25–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0121]
RIN 1625–AA00
Safety Zone; Pacific Ocean, Hilo
Harbor, HI—Lightering Operations
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the navigable waters of Hilo Harbor,
Hawaii. The safety zone is needed to
protect personnel, vessels and the
marine environment from potential
hazards associated with ongoing
lightering operations of the vessel
MIDWAY ISLAND grounded along the
northwest side of Hilo Harbor,
particularly through helicopter to shore
hoisting ops and swimmers in the water.
The USCG is overseeing contractor
lightering ops to mitigate the pollution
threat from the 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 February 26, 2020
until 8 p.m. on March 12, 2020. For the
purposes of enforcement, actual notice
will be used from February 12, 2020
through February 26, 2020.
SUMMARY:
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCGUSCG–2020–0121 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 Chief Jason R. Olney, Waterways
Management Division, U.S. Coast
Guard; telephone 808–522–8265, email
Jason.R.Olney@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR—Code of Federal Regulations
DHS—Department of Homeland Security
FR—Federal Register
NPRM—Notice of proposed rulemaking
§—Section
U.S.C.—United States Code
II. Background Information and
Regulatory History
On February 05, 2020, a temporary
final rule [USCG–2020–0113] was
issued to establish a safety zone around
the grounded vessel MIDWAY ISLAND.
That rule expired at 8 p.m. on February
12, 2020. The Coast Guard is issuing
this rule to establish the termporary
safety zone so the lightering operations
can continue.
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
immediate action is needed to respond
to the potential safety hazards
associated with this lightering
operation, and therefore publishing an
NPRM is impracticable and contrary to
public interest.
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 responding to potential
safety hazards associated with the
lightering operations and protecting
personnel, vessels, and the marine
environment within the navigable
waters of the safety zone.
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Federal Register / Vol. 85, No. 38 / Wednesday, February 26, 2020 / Rules and Regulations
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. On
February 03, 2020, the Coast Guard was
informed of a vessel that ran aground
along the northwest side of Hilo Harbor,
Hawaii. The Coast Guard COTP Sector
Honolulu has determined that potential
hazards associated with the lightering
operations constitute a safety concern
for anyone within the designated safety
zone. This rule is necessary to protect
personnel, vessels, and the marine
environment within the navigable
waters of the safety zone during ongoing
salvage operations.
IV. Discussion of the Rule
This rule establishes a safety zone
from February 12, 2020 through 8 p.m.
March 12, 2020 or until the lightering
operations are complete, whichever is
earlier. If the safety zone is terminated
prior to 8 p.m. on March 12, 2020, the
Coast Guard will provide notice via a
broadcast notice to mariners.
The temporary safety zone
encompasses all waters extending 100
yards in all directions around the
location of ongoing lightering operations
near position: 19°44′41.17″ N;
155°05′24.23″ W. This zone extends
from the surface of the water to the
ocean floor. The zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters from potential hazards associated
with the lightering operations of a vessel
aground in this area. No vessel or
person will be permitted to enter the
safety zone absent the express
authorization of the COTP or his
designated representative.
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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
VerDate Sep<11>2014
16:11 Feb 25, 2020
Jkt 250001
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the anticipated short
duration of the lightering operations and
the need to protect personnel, vessels
and the marine environment in these
navigable waters from potential hazards
associated with the lightering operations
of the vessel aground in this area.
Moreover, the Coast Guard will issue a
broadcast notice to mariners on marine
channel 16 about the safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting 30 days that will prohibit
entry into the area during lightering
efforts. It is categorically excluded from
further review under paragraph L60(d)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
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Federal Register / Vol. 85, No. 38 / Wednesday, February 26, 2020 / Rules and Regulations
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and Recordkeeping
Requirements, Security Measures,
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: 46 U.S.C. 70034, 70051; 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.T14–0121 to read as
follows:
■
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BILLING CODE 9110–04–P
(a) Location. The safety zone is
located within the COTP Zone (See 33
CFR 3.70–10) and will encompass all
navigable waters extending 100 yards in
all directions from position:
19°44′41.17″ N; 155°05′24.23″ W. This
zone extends from the surface of the
water to the ocean floor.
(b) Regulations. The general
regulations governing safety zones
contained in 33 CFR 165.23 apply to the
safety zone created by this temporary
final rule.
(1) All persons are required to comply
with the general regulations governing
safety zones found in 33 CFR part 165.
(2) Entry into or remaining in this
zone is prohibited unless expressly
authorized by the COTP or his
designated representative.
(3) Persons desiring to transit the
safety zone identified in paragraph (a) of
this section may contact the COTP at the
Command Center telephone number
(808) 842–2600 and (808) 842–2601, fax
(808) 842–2642 or on VHF channel 16
(156.8 Mhz) to seek permission to
16:11 Feb 25, 2020
Jkt 250001
Dated: February 12, 2020.
A.B. Avanni,
Captain, U.S. Coast Guard, Captain of the
Port Honolulu.
[FR Doc. 2020–03197 Filed 2–25–20; 8:45 am]
§ 165.T14–0121 Safety Zone; Pacific
Ocean, Hilo Harbor, HI—Lightering
Operations.
VerDate Sep<11>2014
transit the zone. If permission is
granted, all persons and vessels must
comply with the instructions of the
COTP or his designated representative
and proceed at the minimum speed
necessary to maintain a safe course
while in the zone.
(4) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the safety zone by Federal, State, and
local agencies.
(c) 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 broadcast notice to
mariners on VHF channel 16 (156.8
MHz).
(d) 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.
(e) Enforcement period. This rule will
be enforced from February 12, 2020,
through 8 p.m. on March 12, 2020. If the
safety zone is terminated prior to 8 p.m.
on March 12, 2020, the Coast Guard will
provide notice via a broadcast notice to
mariners.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0636: FRL–10005–
19–Region 10]
Air Plan Approval; WA; Updates to
Source-Category Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Washington State Implementation
Plan (SIP) that were submitted by the
Department of Ecology (Ecology). In
1991, Ecology established sourcecategory regulations for kraft pulp mills,
sulfite pulping mills, and primary
aluminum plants. These source-category
regulations contain requirements
specific to these types of facilities.
However, the source-category
regulations also rely upon cross-
SUMMARY:
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10983
references to the general air quality
regulations to implement program
elements such as new source review
permitting. Since 1991, many of the
cross-references to the general
regulations for air pollution sources
have changed. The EPA is approving a
revision to the SIP updating the crossreferences and other miscellaneous
changes.
This final rule is effective March
27, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2019–0636. 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 the
disclosure of which 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 at https://
www.regulations.gov, or please contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt, EPA Region 10, 1200 Sixth
Avenue—Suite 155, Seattle, WA 98101,
at (206) 553–0256, or hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means
the EPA.
DATES:
I. Background
On November 5, 2019, Ecology
submitted updated portions of Chapters
173–405, 173–410, and 173–415
Washington Administrative Code
(WAC) for approval into the SIP. On
December 4, 2019, the EPA proposed to
approve the submitted changes (84 FR
66366). The reasons for our proposed
approval were stated in the proposed
rule and will not be re-stated here. The
public comment period for our
proposed action ended on January 3,
2020. We received no comments.
II. Final Action
We are approving and incorporating
by reference into the Washington SIP
the revisions to Chapters 173–405, 173–
410, and 173–415 WAC, State effective
May 24, 2019, submitted by Ecology on
November 5, 2019. We are also
removing from the SIP the outdated and
subsequently repealed provisions of
WAC 173–415–045, 173–415–050, 173–
415–051, and 173–415–080.
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]]>Agencies
[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Rules and Regulations]
[Pages 10981-10983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03197]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0121]
RIN 1625-AA00
Safety Zone; Pacific Ocean, Hilo Harbor, HI--Lightering
Operations
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters of Hilo Harbor, Hawaii. The safety zone is needed
to protect personnel, vessels and the marine environment from potential
hazards associated with ongoing lightering operations of the vessel
MIDWAY ISLAND grounded along the northwest side of Hilo Harbor,
particularly through helicopter to shore hoisting ops and swimmers in
the water. The USCG is overseeing contractor lightering ops to mitigate
the pollution threat from the 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 February 26,
2020 until 8 p.m. on March 12, 2020. For the purposes of enforcement,
actual notice will be used from February 12, 2020 through February 26,
2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
USCG-2020-0121 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 Chief Jason R. Olney, Waterways Management Division, U.S.
Coast Guard; telephone 808-522-8265, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR--Code of Federal Regulations
DHS--Department of Homeland Security
FR--Federal Register
NPRM--Notice of proposed rulemaking
Sec. --Section
U.S.C.--United States Code
II. Background Information and Regulatory History
On February 05, 2020, a temporary final rule [USCG-2020-0113] was
issued to establish a safety zone around the grounded vessel MIDWAY
ISLAND. That rule expired at 8 p.m. on February 12, 2020. The Coast
Guard is issuing this rule to establish the termporary safety zone so
the lightering operations can continue.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to respond
to the potential safety hazards associated with this lightering
operation, and therefore publishing an NPRM is impracticable and
contrary to public interest.
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 responding to potential safety
hazards associated with the lightering operations and protecting
personnel, vessels, and the marine environment within the navigable
waters of the safety zone.
[[Page 10982]]
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. On February 03, 2020, the Coast Guard was informed of a vessel
that ran aground along the northwest side of Hilo Harbor, Hawaii. The
Coast Guard COTP Sector Honolulu has determined that potential hazards
associated with the lightering operations constitute a safety concern
for anyone within the designated safety zone. This rule is necessary to
protect personnel, vessels, and the marine environment within the
navigable waters of the safety zone during ongoing salvage operations.
IV. Discussion of the Rule
This rule establishes a safety zone from February 12, 2020 through
8 p.m. March 12, 2020 or until the lightering operations are complete,
whichever is earlier. If the safety zone is terminated prior to 8 p.m.
on March 12, 2020, the Coast Guard will provide notice via a broadcast
notice to mariners.
The temporary safety zone encompasses all waters extending 100
yards in all directions around the location of ongoing lightering
operations near position: 19[deg]44'41.17'' N; 155[deg]05'24.23'' W.
This zone extends from the surface of the water to the ocean floor. The
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters from potential hazards associated
with the lightering operations of a vessel aground in this area. No
vessel or person will be permitted to enter the safety zone absent the
express authorization of the COTP or his designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and 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 lightering operations and the need to protect
personnel, vessels and the marine environment in these navigable waters
from potential hazards associated with the lightering operations of the
vessel aground in this area. Moreover, the Coast Guard will issue a
broadcast notice to mariners on marine channel 16 about the safety
zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety 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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting 30 days that will prohibit entry into the area
during lightering efforts. It is categorically excluded from further
review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01,
[[Page 10983]]
Rev. 01. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
Recordkeeping Requirements, Security Measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T14-0121 to read as follows:
Sec. 165.T14-0121 Safety Zone; Pacific Ocean, Hilo Harbor, HI--
Lightering Operations.
(a) Location. The safety zone is located within the COTP Zone (See
33 CFR 3.70-10) and will encompass all navigable waters extending 100
yards in all directions from position: 19[deg]44'41.17'' N;
155[deg]05'24.23'' W. This zone extends from the surface of the water
to the ocean floor.
(b) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.23 apply to the safety zone created by this
temporary final rule.
(1) All persons are required to comply with the general regulations
governing safety zones found in 33 CFR part 165.
(2) Entry into or remaining in this zone is prohibited unless
expressly authorized by the COTP or his designated representative.
(3) Persons desiring to transit the safety zone identified in
paragraph (a) of this section may contact the COTP at the Command
Center telephone number (808) 842-2600 and (808) 842-2601, fax (808)
842-2642 or on VHF channel 16 (156.8 Mhz) to seek permission to transit
the zone. If permission is granted, all persons and vessels must comply
with the instructions of the COTP or his designated representative and
proceed at the minimum speed necessary to maintain a safe course while
in the zone.
(4) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the safety zone by Federal, State, and local agencies.
(c) 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 broadcast
notice to mariners on VHF channel 16 (156.8 MHz).
(d) 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.
(e) Enforcement period. This rule will be enforced from February
12, 2020, through 8 p.m. on March 12, 2020. If the safety zone is
terminated prior to 8 p.m. on March 12, 2020, the Coast Guard will
provide notice via a broadcast notice to mariners.
Dated: February 12, 2020.
A.B. Avanni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2020-03197 Filed 2-25-20; 8:45 am]
BILLING CODE 9110-04-P
