
[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Rules and Regulations]               
[Page 38019-38021]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy10-13]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0457]
RIN 1625-AA00

 
Safety Zone; Fixed Mooring Balls, South of Barbers Pt. Harbor 
Channel, Oahu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: Due to the placement of six fixed mooring balls in an area 
south of Barbers Pt. Harbor Channel, the Coast Guard is establishing a 
temporary safety zone around the mooring balls. This safety zone is 
needed to protect persons and vessels from safety hazards associated 
with navigation in the area of the mooring balls. Entry into this zone 
would be prohibited unless specifically authorized by the Captain of 
the Port Upper Mississippi River or a designated representative.

DATES: This rule is effective from 6 a.m. on July 1, 2010 through 6 
p.m. on July 21, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0457 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0457 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Lieutenant Commander Marcella Granquist, Waterways 
Management Division, U.S. Coast Guard Sector Honolulu, telephone 808-
842-2600, e-mail Marcella.A.Granquist@uscg.mil. If you have questions 
on viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

[[Page 38020]]

Regulatory Information

    The Coast Guard is issuing this final 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. The Coast Guard finds that it would be 
impracticable to publish a NPRM with respect to this rule because the 
event would occur before the rulemaking process could be completed.

Basis and Purpose

    In 2010, Fourth Mate Productions formally proposed placing six 
fixed mooring balls approximately 2,500 yards south of Barbers Point 
channel buoy 2. The mooring balls will be placed in a 133-yard 
(121-meter) circular design for preapproved vessel mooring purposes. 
For ease of identification, these mooring balls will be monitored by a 
small boat during daylight hours and will be illuminated with a single 
flashing white light on each of the six mooring balls during non-
daylight hours. With the State of Hawaii's permission and after pre-
planning meetings with various members of the maritime community 
including environmental officials, a safety zone was determined to be 
appropriate by the Captain of the Port (COTP) to ensure safe transit in 
and around the fixed mooring balls by vessels and the general public.

Discussion of Rule

    The Coast Guard is establishing a temporary 400-yard (366-meter) 
radius safety zone around position 21[deg]18'35.00'' N, 
158[deg]07'33.00'' W, approximately 2,500 yards south of Barbers Point 
Harbor channel buoy 2, Oahu, Hawaii. Entry of persons, vessels 
or other watercraft into this temporary safety zone is prohibited 
unless authorized by the Captain of the Port. This safety zone extends 
from the surface of the water to the ocean floor. All vessels are 
requested to pass to the west, or makai side, of the Safety Zone to 
avoid grounding on the shallow and live coral reef area between the 
safety zone and the shoreline. Vessels desiring to transit through the 
safety zone can request permission by contacting the Honolulu Captain 
of the Port at 808-563-9906 or 808-842-2600. The safety zone will be 
enforced from 6 a.m. on July 1, through 6 p.m. on July 21, 2010. The 
COTP may cease enforcement of the zone earlier if conditions warrant.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    Although this rule restricts access to the waters encompassed by 
the safety zone, the effect of this rule will not be significant 
because vessels will be able to transit around the safety zone. Vessels 
may also transit through the safety zone with permission from the COTP.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 
would not have a significant economic impact on a substantial number of 
small entities. While the safety zone is being enforced, vessels will 
be able to transit around the safety zone. Furthermore, vessels will be 
allowed to transit through the temporary safety zone if permission to 
enter is granted from the COTP.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. 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.

Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This rule would not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not

[[Page 38021]]

an economically significant rule and would not create an environmental 
risk to health or risk to safety that might disproportionately affect 
children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(h), of the Instruction. This rule involves the establishment of a 
safety zone. An environmental analysis checklist and a categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard is amending 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T14-204 to read as follows:


Sec.  165.T14-204  Safety Zone; Fixed Mooring Balls, South of Barbers 
Pt Harbor Channel, Oahu, Hawaii.

    (a) Location. The following area is a safety zone: All waters 
contained within a 400-yard radius (366-meter) radius around position 
21[deg]18'35.00'' N., 158[deg]07'33.00'' W. This position is 
approximately 2,500 yards south of Barbers Point Harbor channel buoy 
2, Oahu, Hawaii. This Safety Zone will have six (6), 24-inch 
white mooring balls with a single blue reflective stripe. The mooring 
balls will be placed 133 yards (121 meters) in a circular design for 
preapproved vessel mooring purposes. This safety zone extends from the 
surface of the water to the ocean floor. These coordinates are based 
upon the National Oceanic and Atmospheric Administration Coast Survey, 
Pacific Ocean, Oahu, Hawaii, chart 19357.
    (b) Regulations. (1) Entry into or remaining in the safety zone 
described in paragraph (a) of this section is prohibited unless 
authorized by the Coast Guard Captain of the Port Honolulu zone.
    (2) Persons desiring to transit the safety zone may contact the 
Honolulu Captain of the Port on VHF channel 81A (157.075 MHz), VHF 
channel 16 (156.800 MHz), or at telephone numbers 1-808-563-9906 or 
808-842-2600 to seek permission to transit the area with a designated 
escort vessel. If permission is granted, all persons and vessels must 
comply with the instructions of the Captain of the Port or his or her 
designated representative. All other vessels are requested to pass to 
the west, or makai side, of the Safety Zone to avoid grounding on the 
shallow and live coral reef area located between the safety zone and 
the shoreline.
    (c) Enforcement period. This rule will be enforced from 6 a.m. on 
July 1, 2010 until 6 p.m. on July 21, 2010 or unless canceled earlier 
by the Captain of the Port.
    (d) Regulations. In accordance with the general regulations in 33 
CFR part 165, Subpart C, no person or vessel may enter or remain in the 
zone except for support vessels/aircraft and support personnel, or 
other vessels authorized by the Captain of the Port or his designated 
representatives.
    (e) Penalties. Vessels or persons violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: June 18, 2010.
B. A. Compagnoni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2010-15969 Filed 6-30-10; 8:45 am]
BILLING CODE 9110-04-P

