Safety Zone; Mamala Bay, Honolulu, HI-Voluntary First Amendment Zone, 17751-17754 [2020-06259]
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Federal Register / Vol. 85, No. 62 / Tuesday, March 31, 2020 / Rules and Regulations
In accordance with the foregoing, title
17, chapter II of the Code of Federal
Regulations is amended as follows:
PART 227—REGULATION
CROWDFUNDING, GENERAL RULES
AND REGULATIONS
1. The authority citation for part 227
continues to read as follows:
■
Authority: 15 U.S.C. 77d, 77d–1, 77s, 77z–
3, 78c, 78o, 78q, 78w, 78mm, and Pub. L.
112–106, secs. 301–305, 126 Stat. 306 (2012).
2. Amend § 227.202 by adding
paragraph (c) to read as follows:
■
§ 227.202
Ongoing reporting requirements.
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(c) Temporary relief from certain
reporting requirements is provided as
follows:
(1) An issuer that is not able to meet
a filing deadline for any report or form
required to be filed by this section or
§ 227.203(a)(3) or (b) during the period
from and including March 26, 2020, to
May 31, 2020, due to circumstances
relating to coronavirus disease 2019
(COVID–19) shall be deemed to have
satisfied the filing deadline for such
report or form if:
(i) The issuer promptly discloses on
its public website or through an
intermediary’s platform, or provides
direct notification to its investors, that
it is relying on this paragraph (c); and
(ii) The issuer files such report or
form with the Commission no later than
45 days after the original filing deadline
of the report or form.
(2) In any report or form filed
pursuant to paragraph (c)(1)(ii) of this
section, the issuer must disclose that it
is relying on this paragraph (c) and state
the reasons why, in good faith, it could
not file such report or form on a timely
basis.
PART 230—GENERAL RULES AND
REGULATIONS, SECURITIES ACT OF
1933
3. The general authority citation for
part 230 continues to read as follows:
■
Authority: 15 U.S.C. 77b, 77b note, 77c,
77d, 77f, 77g, 77h, 77j, 77r, 77s, 77z–3, 77sss,
78c, 78d, 78j, 78l, 78m, 78n, 78o, 78o–7 note,
78t, 78w, 78ll(d), 78mm, 80a–8, 80a–24, 80a–
28, 80a–29, 80a–30, and 80a–37, and Pub. L.
112–106, sec. 201(a), sec. 401, 126 Stat. 313
(2012), unless otherwise noted.
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4. Amend § 230.257 by adding
paragraph (f) to read as follows:
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■
§ 230.257 Periodic and current reporting;
exit report.
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(f) Temporary relief from ongoing
reporting requirements. (1) An issuer
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that is not able to meet a filing deadline
for any report or form required to be
filed by § 230.252(f)(2)(i) or paragraphs
(a) through (c) of this section during the
period from and including March 26,
2020, to May 31, 2020, due to
circumstances relating to coronavirus
disease 2019 (COVID–19) shall be
deemed to have satisfied the filing
deadline for such report or form if:
(i) The issuer promptly discloses on
its public website or provides direct
notification to its investors that it is
relying on this paragraph (f); and
(ii) The issuer files such report or
form with the Commission no later than
45 days after the original filing deadline
of the report or form.
(2) In any report or form filed
pursuant to paragraph (f)(1)(ii) of this
section, the issuer must disclose that it
is relying on this paragraph (f) and state
the reasons why, in good faith, it could
not file such report or form on a timely
basis.
PART 232—REGULATION S–T—
GENERAL RULES AND REGULATIONS
FOR ELECTRONIC FILINGS
5. The general authority citation for
part 232 continues to read as follows:
■
Authority: 15 U.S.C. 77c, 77f, 77g, 77h,
77j, 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m,
78n, 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8,
80a–29, 80a–30, 80a–37, 7201 et seq.; and 18
U.S.C. 1350, unless otherwise noted.
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6. Amend § 232.10 by adding
paragraph (c) to read as follows:
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§ 232.10
Application of part 232.
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(c) Temporary relief from Form ID
notarization requirement is provided as
follows:
(1) An applicant subject to the
notarization requirement under
paragraph (b) of this section who is
unable to obtain the notarization due to
circumstances relating to coronavirus
disease 2019 (COVID–19) may upload
the manually signed PDF copy of the
attachment to the Form ID filing without
the notarization provided that the
applicant indicates on the face of the
signed document that the applicant
could not provide the required
notarization due to circumstances
relating to coronavirus disease 2019
(COVID–19).
(2) Commission staff will issue codes
necessary to file on the EDGAR system
in the cases described in paragraph
(c)(1) from March 26, 2020, to July 1,
2020, to allow filers to proceed with
required electronic filings. The required
notarized document must be submitted
as correspondence via EDGAR within 90
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17751
days of EDGAR codes issuance; if it is
not, the Commission staff is authorized
to inactivate the filer’s EDGAR codes.
(3) The Commission or its staff may
inactivate or terminate codes issued
under this paragraph (c) if the staff has
reason to believe that such action is
necessary for the protection of investors.
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By the Commission.
Dated: March 26, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020–06721 Filed 3–30–20; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0195]
RIN 1625–AAOO
Safety Zone; Mamala Bay, Honolulu,
HI—Voluntary First Amendment Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within Mamala Bay,
Honolulu Hawaii. The safety zone is
needed to protect personnel and vessels
who may want to exercise their First
Amendment in the vicinity of Honolulu
Harbor and Honolulu Channel. Entrance
into the safety zone does not require
notification to the COTP or the COTP’s
designated representative; however
persons or vessels operating within the
safety zone shall travel at the minimum
speed necessary to maintain a safe
course. Addtionally, each person in the
safety zone must comply with all lawful
orders or directions given to them by the
COTP or the COTP’s designated
representative. Vessels wishing to enter
the safety zone will not be allowed to
cross an active security zone and should
make alternative arrangements if
necessary.
DATES: This rule is effective without
actual notice from March 31, 2020
through 11:59 p.m. April 17, 2020. For
the purposes of enforcement, actual
notice will be used from March 20, 2020
through March 31, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0195 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
SUMMARY:
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Federal Register / Vol. 85, No. 62 / Tuesday, March 31, 2020 / Rules and Regulations
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LCDR Joshua Williams, Chief of
Waterways Management, Sector
Honolulu, U.S. Coast Guard; telephone
808–541–4359, email
Joshua.B.Williams@uscg.mil.
SUPPLEMENTARY INFORMATION:
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
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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 because
immediate action is needed to protect
the public exercising their First
Amendment rights in an area that a
large passenger vessel will need to
transit, 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 of
this rule would be impracticable
because immediate action is needed to
allow inviduals a safe location to
exercise their First Amendment rights.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port (COTP) Honolulu
believes that given the nature of the
First Amendment activity expected and
the likely type of vessels used by
individuals desiring to express their
First Amendment rights—namely
kayaks and other small vessels—the
safety zone designating a voluntary First
Amendment Area is necessary to ensure
the safety of those vessels and persons
who choose to express their views safely
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and without interference from, or
interfering with, other maritime traffic.
IV. Discussion of the Rule
From March 20, 2020 through April
17, 2020 there could be a number of
large passenger vessels calling on the
port of Honolulu. During these historic
times taking place around the United
States, there are individuals who have
the desire to exercise their First
Amendment rights. Therefore, this
safety zone is located within the COTP
zone (See 33 CFR 3.70–10) and will
encompass an area beginning at a point
21°17′52″ N, 157°52′61″ W near the
shore of Sand Island, thence West to a
point 21°17′52″ N, 157°52′77″ W, thence
South to a point 21°17′37″ N, 157°52′77″
W near the coastal waters of Mamala
Bay, thence East to a point 21°17′37″ N,
157°52′61″ W, thence to the beginning
point. This zone extends from the
surface of the water to the ocean floor,
while large passenger vessels are
transiting Honolulu channel. Entrance
into the safety zone does not require
notification to the COTP or the COTP’s
designated representative; however
persons or vessels operating within the
safety zone shall travel at the minimum
speed necessary to maintain a safe
course. Additionally, 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.
Vessels wishing to enter the safety zone
will not be allowed to cross an active
security zone and should make
alternative arrangements if necessary.
While the Coast Guard is concerned
about any security threats to the areas
described above, the Coast Guard is
likewise committed to ensuring that
individuals who wish to express their
opinions on any issue during these large
passenger vessel transits, have the
means to do so in a manner that protects
them and other vessels operating on
Mamala Bay and surrounding waters.
Therefore, this safety zone is located
within the COTP zone (See 33 CFR
3.70–10) and will encompass an area
beginning at a point 21°17′52″ N,
157°52′61″ W near the shore of Sand
Island, thence West to a point 21°17′52″
N, 157°52′77″ W, thence South to a
point 21°17′37″ N, 157°52′77″ W near
the coastal waters of Mamala Bay,
thence East to a point 21°17′37″ N,
157°52′61″ W, thence to the beginning
point, wherein the Coast Guard will
allow demonstrators or any individual
who wishes to express their views. This
area is being established to allow
individuals expressing their views the
means to do so in a safe manner to their
intended audience without posing an
undue risk to maritime safety. After
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analyzing maritime traffic patterns and
other environmental factors, the Coast
Guard is requiring that any persons or
vessels permitted to operate within the
safety zone shall travel at the minimum
speed necessary to maintain a safe
course. The navigation rules shall apply
at all times within the safety zone.
Anchoring is prohibited within this
zone.
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, duration,
and time of year of the safety zone.
Vessel traffic will be able to safely
transit around the safety zone; the zone
will impact a small designated area and
will be enforced only during the event
and event-related activities. The safety
zone will be in a location where
commercial vessel traffic is expected to
be minimal during enforcement;
commercial vessel traffic will be
authorized to transit the safety zone to
the extent compatible with public safety
and security. Persons and vessels will
be able to operate in the surrounding
area adjacent to the zone during the
enforcement period, and will be able to
enter within the safey zone if authorized
by the Captain of the Port Honolulu or
a designated representative. Moreover,
the Coast Guard will issue a Broadcast
to Mariners via VHF–FM maine channel
16 about the 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
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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.
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.
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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 enforced intermittently between
March 20, 2020 through April 17, 2020
that will prohibit entry into an area
beginning at a point 21°17′52″ N,
157°52′61″W near the shore of Sand
Island, thence West to a point 21°17′52″
N, 157°52′77″ W, thence South to a
point 21°17′37″ N, 157°52′77″ W near
the coastal waters of Mamala Bay,
thence East to a point 21°17′37″ N,
157°52′61″ W, thence to the beginning
point. It is categorically excluded from
further review under paragraph L60(d)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. 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
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17753
section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
INFORMATION CONTACT
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 Secruity Delegation
No. 0170.1.
2. Add § 165.T14–0195 to read as
follows:
■
§ 165.T14–0195 Safety Zone; Pacific
Ocean, Mamala Bay, HI—Voluntary First
Amendment Zone
(a) Location. The safety zone is
located within the COTP Zone (See 33
CFR 3.70–10) and will encompass all
navigable waters at an area beginning at
a point 21°17′52″ N, 157°52′61″ W near
the shore of Sand Island, thence West to
a point 21°17′52″ N, 157°52′77″ W,
thence South to a point 21°17′37″ N,
157°52′77″ W near the coastal waters of
Mamala Bay, thence East to a point
21°17′37″ N, 157°52′61″ W, thence to
the beginning point. 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 does not require notification to the
COTP or the COTP’s designated
representative; however persons or
vessels operating within the safety zone
shall travel at the minimum speed
necessary to maintain a safe course.
Under the general safety zone
regulations in § 165.23(d) of this part,
each person in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
Vessels wishing to enter the safety zone
will not be allowed to cross an active
security zone and should make
alternative arrangements.
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(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).
(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 the safety zone
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 interminttently from March
20, 2020, through 11:59 p.m. on April
17, 2020. If the safety zone is terminated
prior to 11:59 p.m. on April 17, 2020,
the Coast Guard will provide notice via
a broadcast notice to mariners.
Dated: March 20, 2020.
A.B. Avanni,
Captain, U.S. Coast Guard, Captain of the
Port Honolulu.
[FR Doc. 2020–06259 Filed 3–30–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Background
50 CFR Part 648
[Docket No.: 200325–0088]
RIN 0648–BJ51
Fisheries of the Northeastern United
States; Framework Adjustment 32 to
the Atlantic Sea Scallop Fishery
Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
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AGENCY:
NMFS approves and
implements Framework Adjustment 32
to the Atlantic Sea Scallop Fishery
SUMMARY:
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Management Plan. This action is
necessary to set scallop specifications
and other measures for fishing years
2020 and 2021, and implement
measures to protect small scallops and
reduce bycatch of flatfish. This action is
intended to prevent overfishing and
improve both yield-per-recruit and the
overall management of the Atlantic sea
scallop resource.
DATES: Effective April 1, 2020.
ADDRESSES: The New England Fishery
Management Council developed an
environmental assessment for this
action that describes the measures in
Framework Adjustment 32 and other
considered alternatives and analyzes the
impacts of the measures and
alternatives. Copies of Framework 32,
the environmental assessment, the
Initial Regulatory Flexibility Analysis
(IRFA), and information on the
economic impacts of this rulemaking are
available upon request from Thomas A.
Nies, Executive Director, New England
Fishery Management Council, 50 Water
Street, Newburyport, MA 01950 and
accessible via the internet in documents
available at: https://www.nefmc.org/
library/framework-32.
Copies of the small entity compliance
guide are available from Michael
Pentony, Regional Administrator,
NMFS, Greater Atlantic Regional
Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930–2298, or
available on the internet at: https://
www.greateratlantic.fisheries.noaa.gov/
sustainable/species/scallop/.
FOR FURTHER INFORMATION CONTACT:
Travis Ford, Fishery Policy Analyst,
978–281–9233.
SUPPLEMENTARY INFORMATION:
The New England Fishery
Management Council adopted
Framework 32 to the Atlantic Sea
Scallop Fishery Management Plan
(FMP) on December 5, 2019. The
Council submitted an environmental
assessment to NMFS on March 6, 2020,
for approval. NMFS published a
proposed rule for Framework 32 on
February 20, 2020 (85 FR 9705). To help
ensure that the final rule would be
implemented before April 1, 2020, the
start of the fishing year, the proposed
rule included a 15-day public comment
period that closed on March 6, 2020.
NMFS has approved all of the
measures in Framework 32
recommended by the Council, as
described below. This final rule
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implements Framework 32, which sets
scallop specifications and other
measures for fishing years 2020 and
2021, including changes to the catch,
effort, and quota allocations and
adjustments to the rotational area
management program for fishing year
2020, measures to reduce bycatch of
flatfish, and default specifications for
fishing year 2021. The MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) allows NMFS to approve, partially
approve, or disapprove measures
proposed by the Council based on
whether the measures are consistent
with the FMP, the Magnuson-Stevens
Act and its National Standards, and
other applicable law. NMFS generally
defers to the Council’s policy choices
unless there is a clear inconsistency
with the law or the FMP. Details
concerning the development of these
measures were contained in the
preamble of the proposed rule and are
not repeated here. This final rule also
addresses regulatory text that is
unnecessary, outdated, or unclear
consistent with section 305(d) of the
Magnuson-Stevens Act.
Specification of Scallop Overfishing
Limit (OFL), Acceptable Biological
Catch (ABC), Annual Catch Limits
(ACLs), Annual Catch Targets (ACTs),
Annual Projected Landings (APLs) and
Set-Asides for the 2020 Fishing Year,
and Default Specifications for Fishing
Year 2021
The Council set the OFL based on a
fishing mortality (F) of 0.64, equivalent
to the F threshold updated through the
Northeast Fisheries Science Center’s
most recent scallop benchmark stock
assessment that was completed in
August 2018. The ABC and the
equivalent total ACL for each fishing
year are based on an F of 0.51, which
is the F associated with a 25-percent
probability of exceeding the OFL. The
Council’s Scientific and Statistical
Committee (SSC) recommended scallop
fishery ABCs of 100.1 million lb (45,414
mt) for 2020 and 80.3 million lb (36,435
mt) for the 2021 fishing year, after
accounting for discards and incidental
mortality. The SSC will reevaluate and
potentially adjust the ABC for 2021
when the Council develops the next
framework adjustment.
Table 1 outlines the scallop fishery
catch limits derived from the ABC
values and the projected landings of the
fleet.
E:\FR\FM\31MRR1.SGM
31MRR1
]]>Agencies
[Federal Register Volume 85, Number 62 (Tuesday, March 31, 2020)]
[Rules and Regulations]
[Pages 17751-17754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06259]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0195]
RIN 1625-AAOO
Safety Zone; Mamala Bay, Honolulu, HI--Voluntary First Amendment
Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within Mamala Bay, Honolulu Hawaii. The safety zone is
needed to protect personnel and vessels who may want to exercise their
First Amendment in the vicinity of Honolulu Harbor and Honolulu
Channel. Entrance into the safety zone does not require notification to
the COTP or the COTP's designated representative; however persons or
vessels operating within the safety zone shall travel at the minimum
speed necessary to maintain a safe course. Addtionally, each person in
the safety zone must comply with all lawful orders or directions given
to them by the COTP or the COTP's designated representative. Vessels
wishing to enter the safety zone will not be allowed to cross an active
security zone and should make alternative arrangements if necessary.
DATES: This rule is effective without actual notice from March 31, 2020
through 11:59 p.m. April 17, 2020. For the purposes of enforcement,
actual notice will be used from March 20, 2020 through March 31, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0195 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket
[[Page 17752]]
Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Joshua Williams, Chief of Waterways Management,
Sector Honolulu, U.S. Coast Guard; telephone 808-541-4359, 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
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 protect
the public exercising their First Amendment rights in an area that a
large passenger vessel will need to transit, 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 of
this rule would be impracticable because immediate action is needed to
allow inviduals a safe location to exercise their First Amendment
rights.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP)
Honolulu believes that given the nature of the First Amendment activity
expected and the likely type of vessels used by individuals desiring to
express their First Amendment rights--namely kayaks and other small
vessels--the safety zone designating a voluntary First Amendment Area
is necessary to ensure the safety of those vessels and persons who
choose to express their views safely and without interference from, or
interfering with, other maritime traffic.
IV. Discussion of the Rule
From March 20, 2020 through April 17, 2020 there could be a number
of large passenger vessels calling on the port of Honolulu. During
these historic times taking place around the United States, there are
individuals who have the desire to exercise their First Amendment
rights. Therefore, this safety zone is located within the COTP zone
(See 33 CFR 3.70-10) and will encompass an area beginning at a point
21[deg]17'52'' N, 157[deg]52'61'' W near the shore of Sand Island,
thence West to a point 21[deg]17'52'' N, 157[deg]52'77'' W, thence
South to a point 21[deg]17'37'' N, 157[deg]52'77'' W near the coastal
waters of Mamala Bay, thence East to a point 21[deg]17'37'' N,
157[deg]52'61'' W, thence to the beginning point. This zone extends
from the surface of the water to the ocean floor, while large passenger
vessels are transiting Honolulu channel. Entrance into the safety zone
does not require notification to the COTP or the COTP's designated
representative; however persons or vessels operating within the safety
zone shall travel at the minimum speed necessary to maintain a safe
course. Additionally, 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. Vessels wishing to enter the safety zone
will not be allowed to cross an active security zone and should make
alternative arrangements if necessary.
While the Coast Guard is concerned about any security threats to
the areas described above, the Coast Guard is likewise committed to
ensuring that individuals who wish to express their opinions on any
issue during these large passenger vessel transits, have the means to
do so in a manner that protects them and other vessels operating on
Mamala Bay and surrounding waters. Therefore, this safety zone is
located within the COTP zone (See 33 CFR 3.70-10) and will encompass an
area beginning at a point 21[deg]17'52'' N, 157[deg]52'61'' W near the
shore of Sand Island, thence West to a point 21[deg]17'52'' N,
157[deg]52'77'' W, thence South to a point 21[deg]17'37'' N,
157[deg]52'77'' W near the coastal waters of Mamala Bay, thence East to
a point 21[deg]17'37'' N, 157[deg]52'61'' W, thence to the beginning
point, wherein the Coast Guard will allow demonstrators or any
individual who wishes to express their views. This area is being
established to allow individuals expressing their views the means to do
so in a safe manner to their intended audience without posing an undue
risk to maritime safety. After analyzing maritime traffic patterns and
other environmental factors, the Coast Guard is requiring that any
persons or vessels permitted to operate within the safety zone shall
travel at the minimum speed necessary to maintain a safe course. The
navigation rules shall apply at all times within the safety zone.
Anchoring is prohibited within this zone.
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, duration, and time of year of the safety zone. Vessel traffic
will be able to safely transit around the safety zone; the zone will
impact a small designated area and will be enforced only during the
event and event-related activities. The safety zone will be in a
location where commercial vessel traffic is expected to be minimal
during enforcement; commercial vessel traffic will be authorized to
transit the safety zone to the extent compatible with public safety and
security. Persons and vessels will be able to operate in the
surrounding area adjacent to the zone during the enforcement period,
and will be able to enter within the safey zone if authorized by the
Captain of the Port Honolulu or a designated representative. Moreover,
the Coast Guard will issue a Broadcast to Mariners via VHF-FM maine
channel 16 about the 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
[[Page 17753]]
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.
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 enforced intermittently between March 20, 2020 through
April 17, 2020 that will prohibit entry into an area beginning at a
point 21[deg]17'52'' N, 157[deg]52'61''W near the shore of Sand Island,
thence West to a point 21[deg]17'52'' N, 157[deg]52'77'' W, thence
South to a point 21[deg]17'37'' N, 157[deg]52'77'' W near the coastal
waters of Mamala Bay, thence East to a point 21[deg]17'37'' N,
157[deg]52'61'' W, thence to the beginning point. It is categorically
excluded from further review under paragraph L60(d) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. 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 Secruity Delegation No. 0170.1.
0
2. Add Sec. 165.T14-0195 to read as follows:
Sec. 165.T14-0195 Safety Zone; Pacific Ocean, Mamala Bay, HI--
Voluntary First Amendment Zone
(a) Location. The safety zone is located within the COTP Zone (See
33 CFR 3.70-10) and will encompass all navigable waters at an area
beginning at a point 21[deg]17'52'' N, 157[deg]52'61'' W near the shore
of Sand Island, thence West to a point 21[deg]17'52'' N,
157[deg]52'77'' W, thence South to a point 21[deg]17'37'' N,
157[deg]52'77'' W near the coastal waters of Mamala Bay, thence East to
a point 21[deg]17'37'' N, 157[deg]52'61'' W, thence to the beginning
point. 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 does not require
notification to the COTP or the COTP's designated representative;
however persons or vessels operating within the safety zone shall
travel at the minimum speed necessary to maintain a safe course. Under
the general safety zone regulations in Sec. [thinsp]165.23(d) of this
part, each person in the safety zone must comply with all lawful orders
or directions given to them by the COTP or the COTP's designated
representative. Vessels wishing to enter the safety zone will not be
allowed to cross an active security zone and should make alternative
arrangements.
[[Page 17754]]
(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).
(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 the safety zone 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 interminttently
from March 20, 2020, through 11:59 p.m. on April 17, 2020. If the
safety zone is terminated prior to 11:59 p.m. on April 17, 2020, the
Coast Guard will provide notice via a broadcast notice to mariners.
Dated: March 20, 2020.
A.B. Avanni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2020-06259 Filed 3-30-20; 8:45 am]
BILLING CODE 9110-04-P
