Safety Zone; Pacific Ocean, Offshore Barbers Point, Oahu, HI-Recovery Operations

Published date14 July 2021
Citation86 FR 37047
Record Number2021-14860
SectionRules and Regulations
CourtCoast Guard
Federal Register, Volume 86 Issue 132 (Wednesday, July 14, 2021)
[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
                [Rules and Regulations]
                [Pages 37047-37049]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-14860]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 165
                [Docket Number USCG-2021-0524]
                RIN 1625-AA00
                Safety Zone; Pacific Ocean, Offshore Barbers Point, Oahu, HI--
                Recovery Operations
                AGENCY: Coast Guard, DHS.
                ACTION: Temporary final rule.
                -----------------------------------------------------------------------
                SUMMARY: The Coast Guard is establishing a temporary safety zone for
                the navigable waters of the Southwest shores of Oahu, Hawaii, near
                Barbers Point. The temporary safety zone encompasses all waters
                extending 3 nautical miles in all directions from position
                21[deg]16'36'' N, 158[deg]01'42'' W. The safety zone is needed to
                protect personnel, vessels, and the marine environment from potential
                hazards associated with ongoing operations to salvage a downed aircraft
                in this area. Entry of vessels or persons in this zone is prohibited
                unless specifically authorized by the Captain of the Port (COTP)
                Honolulu.
                DATES: This rule is effective without actual notice from July 14, 2021
                until 12 p.m. on July 30, 2021. For the purposes of enforcement, actual
                notice will be used from July 2, 2021, until July 14, 2021.
                ADDRESSES: To view documents mentioned in this preamble as being
                available in the docket, go to https://www.regulations.gov, type USCG-
                2021-0524 in the search box and click ``Search.'' Next, in the Document
                Type column, select ``Supporting & Related Material.''
                FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
                call or email Lieutenant Commander Joshua Williams, Waterways
                Management Division, U.S. Coast Guard Sector Honolulu at (808) 541-2359
                or [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 respond
                to the potential safety hazards associated with this salvage effort,
                and therefore publishing an NPRM is impracticable and contrary to
                public interest.
                III. Legal Authority and Need for Rule
                 The Coast Guard is issuing this rule under authority in 46 U.S.C.
                70034 (previously 33 U.S.C. 1231). On July 2, 2021, the Coast Guard was
                informed of a cargo plane crash off the Southwest shores of Oahu,
                Hawaii near Barber's Point. The Coast Guard COTP Sector Honolulu has
                determined that the potential hazards associated with the salvage
                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.
                 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 and contrary to the public interest
                because immediate action is necessary to ensure the safety of the
                ongoing recovery operations.
                IV. Discussion of the Rule
                 This rule is effective from July 2, 2021 through 12 p.m. on July
                30, 2021, or until salvage operations are complete, whichever is
                earlier. If the safety zone is terminated prior to 12 p.m. on July 30,
                2021, the Coast Guard will provide notice via a broadcast notice to
                mariners. The temporary safety zone encompasses all waters extending 3
                nautical miles in all directions around the location of ongoing salvage
                operations near position 21[deg]16'36'' N, 158[deg]01'42'' 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
                salvage operations of one downed helicopter 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
                [[Page 37048]]
                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. 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).
                 This regulatory action determination is based on [provide factual
                reasons related to the waterway, duration of rule, etc.].
                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 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. This safety zone is limited in size and
                duration, and mariners may request to enter the zone by contacting the
                COTP.
                 Under section 213(a) of the Small Business Regulatory Enforcement
                Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
                entities in understanding this rule. If the rule would affect your
                small business, organization, or governmental jurisdiction and you have
                questions concerning its provisions or options for compliance, please
                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 with a duration of 28 days or until salvage operations are
                completed. 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, and Waterways.
                 For the reasons discussed in the preamble, the Coast Guard amends
                33 CFR part 165 as follows:
                PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
                0
                1. The authority citation for part 165 continues to read as follows:
                 Authority: 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.T14-0524 to read as follows:
                Sec. 165.T14-0524 Safety Zone; Pacific Ocean, Offshore Barbers
                Point, Oahu, HI--Recovery 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 3
                nautical miles in all directions around the location of ongoing salvage
                operations near position 21[deg]16'36'' N, 158[deg]01'42'' W. This zone
                extends from the surface of the water to the ocean floor.
                 (b) Enforcement period. This rule is effective from 1 p.m. (HST) on
                July 2, 2021 through 12 p.m. (HST) on July 30, 2021, or until salvage
                operations are complete, whichever is earlier. If the safety zone is
                terminated prior to 12 p.m. (HST) on July 30, 2021, the Coast Guard
                will provide notice via a broadcast notice to mariners.
                [[Page 37049]]
                 (c) 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.
                 (d) 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).
                 (e) Definitions. As used in this section, designated representative
                means any Coast Guard commissioned, warrant, or petty officer who has
                been authorized by the COTP to assist in enforcing the safety zone
                described in paragraph (a) of this section.
                 Dated: July 2, 2021.
                N.S. Worst,
                Commander, U.S. Coast Guard, Alternate Captain of the Port Honolulu.
                [FR Doc. 2021-14860 Filed 7-13-21; 8:45 am]
                BILLING CODE 9110-04-P
                

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