[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Proposed Rules]
[Pages 28170-28173]
From the Federal Register Online via the Government Publishing 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
[email protected], 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 [email protected] 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]
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