[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Proposed Rules]
[Pages 29089-29091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11753]
[[Page 29089]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0021]
RIN 1625-AA00
Safety Zones; Hawaiian Island Commercial Harbors, HI
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent safety zones
in Hawaii's nine commercial harbors (Nawiliwili and Port Allen, Kauai;
Barber's Point and Honolulu Harbor, Oahu; Kaunakakai, Molokai;
Kaumalapau, Lanai; Kahalui, Maui and Kawaihae and Hilo on the Island of
Hawaii). The purpose of these safety zones is to expedite the
evacuation of the harbors in the event a tsunami warning is issued for
the main Hawaiian Islands.
DATES: Comments and related material must be received by the Coast
Guard on or before June 17, 2013.
ADDRESSES: You may submit comments identified by docket number 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 rule,
call or email Lieutenant Commander Scott O. Whaley, Waterways
Management Division, U.S. Coast Guard Sector Honolulu; telephone (808)
522-8264 (ext. 352), email [email protected]. 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
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking 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-2013-0021 in the ``SEARCH'' box and 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,
type the docket number USCG-2013-0021 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. 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.
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 now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Basis and Purpose
Tsunamis can occur at any time. There is no tsunami season. The
destructive potential of a tsunami can take lives, cause millions of
dollars in property damage, and alter sensitive ecologies. The tsunami
generated by the 9.0 earthquake that struck Japan in 2011 reached
Hawaiian shores in approximately seven hours. More recently, in 2012 a
tsunami was generated by a 7.7 earthquake originating from the Queen
Charlotte Islands of British Columbia. The surge created from this
earthquake reached the Hawaiian shores in less than four hours. No time
can be wasted in the evacuation of the harbors once a tsunami warning
has been issued.
The purpose for this rule is to evacuate and close Hawaii's
commercial harbors, collectively or individually, after a tsunami
warning has been issued. It is crucial to minimize the number of
vessels in Hawaii's commercial harbors to reduce the amount of vessel
and port damage and potential harbor blockage that could occur in the
event of a tsunami reaching the shores of the Hawaiian Islands. All
Hawaiian Islands rely heavily on their commercial harbors for receiving
goods and services. Dedicated on-island commercial salvage assets are
limited so blockage of a
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channel or harbor by a vessel that failed to evacuate could have
devastating impacts on local residents for a significant period of
time.
The Coast Guard has met with industry partners, commercial
mariners, and recreational boaters in the creation of this rule.
Vessels are much safer at sea beyond the 300 feet or 50 fathom curve
than in port during a tsunami.
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.
C. Discussion of Proposed Rule
This rule will create safety zones encompassing each of Hawaii's
commercial harbors. In the event a tsunami warning is issued, the Coast
Guard will enforce these safety zones, closing those harbors within the
anticipated impact area of the tsunami. When the safety zones are
activated for enforcement, no vessels will be permitted to enter the
closed harbors. Enforcement of these safety zones will also trigger an
immediate evacuation of the closed harbors. The harbors will remain
closed until the Coast Guard reopens the specific harbor(s) impacted.
Once the threat has passed and harbors have been assessed as safe for
reentry of commercial navigation, the safety zones will be deactivated
allowing vessels to transit the harbors in accordance with already
established regulations.
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,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This safety zone will
only be activated for enforcement in the event the state of Hawaii is
issued a tsunami warning for the safety of lives and property.
2. Impact on 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. This safety zone would be activated, and thus subject
to enforcement only when a tsunami warning is issued for the Main
Hawaiian Islands. Once the threat has passed and harbors have been
assessed as safe for reentry of commercial navigation, the safety zone
will be deactivated allowing vessels to transit the harbors in
accordance with already established regulations.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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.
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. 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 the person listed in the FOR FURTHER INFORMATION
CONTACT, above. 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 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 proposed rule under that Order and
determined that this rule 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 aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed 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.
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 Health 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.
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12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
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 that do not individually or cumulatively have a
significant effect on the human environment. This rule will evacuate
commercial harbors which anticipate tsunami impact. This rule is
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction. 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. 14-1414 to read as follows:
Sec. 165. 14-1414 Safety Zones; Hawaiian Islands Commercial Harbors;
HI.
(a) Location. The following areas are safety zones: The commercial
harbors of Nawiliwili and Port Allen, Kauai; Barber's Point and
Honolulu Harbor, Oahu; Kaunakakai, Molokai; Kaumalapau, Lanai; Kahalui,
Maui and Kawaihae and Hilo on the Island of Hawaii. The activation of
these safety zones may include any combination of these harbors, or all
of these harbors, dependent upon details in the tsunami warning. This
safety zone extends from the surface of the water to the ocean floor.
(b) Regulations. When the safety zone is activated and, therefore,
subject to enforcement, no person or vessel may enter or remain in the
safety zone except for support vessels, support personnel, and other
vessels authorized by the Captain of the Port, Sector Honolulu (COTP),
or a designated representative of the COTP. All other applicable
regulations in 33 CFR 165 remain in effect and subject to enforcement.
You may contact the Coast Guard on VHF Channel 16 (156.800 MHz) or at
telephone number 808-842-2600 to obtain clarification on safety zone
transits and locations. Coast Guard patrol boats will be enforcing the
safety zone and providing on-scene direction.
(c) Enforcement period. Paragraph (b) of this section will be
enforced when a tsunami warning has been issued for the Hawaiian
Islands. The COTP will notify the public of any enforcement, suspension
of enforcement, or termination of enforcement through the following
appropriate means to ensure the widest publicity: broadcast notice to
mariners, notices of enforcement, press releases and Homeport.
Following the passage of a tsunami and harbor assessments, de-
activation of these safety zones will be conducted through radio
broadcast by the U.S. Coast Guard.
(d) Penalties. Vessels or persons violating this rule would be
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: April 6, 2013.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2013-11753 Filed 5-16-13; 8:45 am]
BILLING CODE 9110-04-P