
[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Proposed Rules]
[Pages 28170-28173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11233]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0080]
RIN 1625-AA11


Regulated Navigation Area; Southern Oahu Tsunami Vessel 
Evacuation; Honolulu, HI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a permanent regulated navigation area 
(RNA), enforcement of which would take place only during times when a 
tsunami warning is issued for the Hawaiian Islands by the Pacific 
Tsunami Warning Center. Tsunami warnings require the evacuation of a 
large number of vessels from their respective harbors. Following the 
evacuation, these vessels must remain offshore until the emergency 
situation has passed and the harbors have been deemed safe for re-
entry. Past tsunami warnings have created potentially dangerous 
offshore traffic congestion between commercial and recreational vessel 
traffic. Because of this, designated vessel traffic staging areas are 
necessary for a safe and orderly evacuation of Southern Oahu ports.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 13, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0080 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Lieutenant Commander Scott Whaley of the United States 
Coast Guard Sector Honolulu at 808-522-8264 ext.352 or 
Scott.O.Whaley@uscg.mil, respectively. If you have questions on viewing 
or submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area

A. Public Participation and Request for Comments

    We encourage you to respond to this notice by submitting comments 
and related materials. All comments received will be posted without 
change to http://www.regulations.gov and will include any personal 
information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission. To submit your 
comment online, go to http://www.regulations.gov, type the docket 
number USCG-2012-0080 in the ``SEARCH'' box, and then click ``SEARCH.'' 
Click on ``Submit a Comment'' on the line associated with this 
rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
inserting USCG-2012-0080 in the ``SEARCH'' box, and then click 
``SEARCH.'' You may also visit the Docket Management Facility in Room 
W12-140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We 
have an agreement with the Department of Transportation to use the 
Docket Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain in detail why you believe a public meeting 
would be beneficial. If we determine that one would aid in solving this 
problem, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. Basis and Purpose

    The statutory basis for this rulemaking is 33 U.S.C. 1231, which 
gives the Coast Guard, under a delegation from the Secretary of 
Homeland Security, regulatory authority to enforce the Ports and 
Waterways Safety Act. A regulated navigation area is a water area 
within a defined boundary for which regulations for

[[Page 28171]]

vessels navigating within the area have been established to mitigate 
hazardous conditions deemed to exist in that area. The purpose of this 
rulemaking is to provide greater safety for vessels and maritime 
commerce in the event of a tsunami threat.
    Earthquakes off Chile and Japan in February 2010 and March 2011, 
respectively, resulted in tsunami threats to the Main Hawaiian Islands. 
These incidents emphasized the need to establish heightened safety 
measures, to ensure an orderly and organized evacuation plan, in order 
to protect the infrastructure of the southern coast of Oahu, Hawaii, 
including Honolulu Harbor. Honolulu Harbor has only one entrance for 
large commercial vessels and is the principle harbor of Hawaii's hub 
and spoke maritime commerce system. If, during an emergency, a marine 
incident were to occur off the southern shore of Oahu, especially near 
the entrance of Honolulu Harbor, the results could be devastating to 
Hawaii's economy and the maritime commerce system and the 
constituencies that rely heavily upon the system's viability.

C. Discussion of Proposed Rule

    In response to this risk, the Coast Guard proposes to establish a 
regulated navigation area designated as the Southern Oahu Tsunami 
Evacuation zone.
    The Coast Guard has collaborated with the Hawaii Ocean Safety Team, 
the Industry Advisory Board, and other industry partners in the 
development of this rule. All recommendations have received careful 
consideration during the drafting of this rule. This rule accurately 
reflects the best practices as recommended by Hawaii's professional 
mariners.
    In the event of a tsunami warning, the Coast Guard Captain of the 
Port for Honolulu (COTP) would notify the public that an enforcement 
period is in effect for the duration of the emergency for this RNA. At 
the conclusion of the treat, the COTP would notify the public when the 
RNA enforcement period is suspended or terminated.
    During the enforcement period, the COTP would deploy Coast Guard 
assets to ensure participating commercial and recreational vessels move 
to and stay within separate staging areas, and seaward of the 50 fathom 
curve that covers near-shore waters less than 300 feet deep. Coast 
Guard plans, which could vary depending on specific conditions during 
an actual emergency, call for those staging areas to be separated by an 
exclusionary area. This exclusionary area would measure 3.7 nautical 
miles long by one (1) nautical mile wide, centering lengthwise and 
along a line running seaward at 208 degrees southwest of the Honolulu 
Harbor Range light. Commercial vessels would have to stay west of the 
exclusionary area, and recreational vessels would have to stay east of 
the exclusionary area.
    A graphic of the regulated navigation area is in the docket (see 
the ``Viewing comments and documents'' section of this NPRM). It shows 
how we expect to separate commercial and recreational vessels when we 
would enforce the RNA, but under actual enforcement conditions local 
commanders could make alternate arrangements as those conditions 
warrant.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
because it would have an effect on the regulated public only in the 
rare circumstances of a tsunami threat, while at other times vessels 
will be able to transit the area freely. Therefore, it 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.

2. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    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 because it would have an effect on the regulated public 
only in the rare circumstances of a tsunami threat, while at other 
times vessels will be able to transit the area freely.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it. Before the 
effective period, we will issue maritime advisories widely available to 
the Oahu maritime, commercial, and tourist communities.

3. Assistance for Small Entities

    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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Commander Scott 
Whaley, Waterways Management Division, U.S. Coast Guard Sector 
Honolulu, at 808-522-8264 ext. 352, or at Scott.O.Whaley@uscg.mil via 
email. 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 
proposed rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. 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 proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the ``For Further 
Information Contact'' section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

7. 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

[[Page 28172]]

aggregate, or by the private sector of $100,000,000 or more in any one 
year. Though this proposed rule would not result in such expenditure, 
we do discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

    This proposed 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.

10. Protection of Children From Environmental Heath Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed 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.

12. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. An action is a ``significant energy action'' 
under E.O. 13211 if the action is (1) an agency action, (2) which is or 
will lead to a final rule, and is either (3a) a ``significant 
regulatory action'' under Executive Order 12866 AND is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy OR (3b) has been designated a ``significant energy action by the 
Administrator of the Office of Information and Regulatory Affairs. 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. Further, the 
Administrator of the Office of Information and Regulatory Affairs has 
not designated this as a significant energy action. Therefore, it does 
not require a Statement of Energy Effects under Executive Order 13211.

13. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272) 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination that 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 from further review under paragraph (34)(g) of Figure 2-1 of 
the Commandant Instruction. An environmental analysis checklist and a 
categorical exclusion determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

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 proposes 
to amend 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; 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.  165.1413 to read as follows:


Sec.  165.1413  Regulated navigation area; Southern Oahu Tsunami 
Evacuation; Honolulu, Hawaii.

    (a) Location. The following area is a regulated navigation area 
(RNA): All waters contained within an area composing of an area on the 
southern side of Oahu, HI. The RNA extends from the surface of the 
water to the ocean floor and is bound by the following points: 
21[deg]17'14'' N, 157[deg]55'34'' W, 21[deg]13'30'' N, 157[deg]55'34'' 
W; 21[deg]13'30'' N, 157[deg]48'20'' W; 21[deg]15'10'' N, 
157[deg]48'20'' W thence westward along the 50 fathom curve to the 
beginning point. These coordinates are based upon the National Oceanic 
and Atmospheric Administration Coast Survey, Pacific Ocean, Oahu, 
Hawaii, chart 19357.
    (b) Regulations. You may contact the Coast Guard on VHF Channel 16 
(156.800 MHz) or at telephone number 808-842-2600, to obtain 
clarification on RNA transits and locations. Coast Guard patrol boats 
will be enforcing the RNA and providing on-scene direction. During the 
enforcement period persons and vessels wishing to remain inside the RNA 
must abide by the following stipulations:
    (1) No person or vessel may enter into an exclusionary area 3.7 
nautical miles long by one (1) nautical miles wide, centered lengthwise 
and along a line running seaward at 208 degrees southwest of Honolulu 
Harbor Front Range Light, except to transit to or from the staging 
areas or other areas outside the zone. Loitering or lingering in the 
exclusionary zone is prohibited.
    (2) All recreational vessels wishing to remain in the RNA must 
transit to and stage east of the exclusionary area, while all 
commercial vessels wishing to remain in the RNA must transit to and 
stage west of the exclusionary area.
    (3) All vessels staging in the RNA must be seaward of the 50 fathom 
(300 foot) curve.
    (c) Enforcement period. Paragraph (b) of this section will be 
enforced only when a tsunami warning has been issued for the Hawaiian 
Islands by the Pacific Tsunami Warning Center. The COTP will notify the 
public of any enforcement, suspension of enforcement, or termination of

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enforcement through appropriate means to ensure the widest publicity, 
including the use of broadcast notice to mariners, Notices of 
implementation, and press releases.
    (d) 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: April 16, 2013.
C.W. Ray,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard 
District.
[FR Doc. 2013-11233 Filed 5-13-13; 8:45 am]
BILLING CODE 9110-04-P


