[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Rules and Regulations]
[Pages 46671-46672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23637]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Honolulu 97-003]
RIN 2115-AA97
Safety Zone: Waimanalo Bay, Oahu, Hawaii
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
offshore of Bellows Air Force Base (AFB) in Waimanalo Bay on the island
of Oahu, Hawaii. The safety zone is a square box approximately 4000
yards wide by 4000 yards long. This zone is needed to protect mariners
and observers from possible safety and navigational hazards associated
with a joint U.S. Navy and U.S. Marine Corps (USMC) amphibious landing
of the USMC Thirteenth Marine Expeditionary Unit (MEU). Entry of
vessels or persons into this temporary zone is prohibited unless
authorized by the Captain of the Port (COTP).
DATES: This regulation is effective from September 3, 1997 through
September 4, 1997.
ADDRESSES: Marine Safety Office, Honolulu, Hawaii 96813.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Michael Heisler, Port Safety and Security Branch, Marine
Safety Office, Honolulu, Hawaii, (808) 522-8260.
SUPPLEMENTARY INFORMATION:
Background and Purpose
A joint U.S. Navy and U.S. Marine Corps (USMC) amphibious landing
of the USMC Thirteenth Marine Expeditionary Unit (MEU) will take place
at Bellows AFB, Oahu, Hawaii. Four large U.S. Navy vessels will
maintain station within the safety zone while launching and recovering
various amphibious craft and vehicles to transport the Marines to
Bellows AFB. This regulation is intended to minimize the risk to
mariners and observers from the amphibious landing operations by
keeping vessels and spectators at a safe distance. The zone will be
seaward of Bellows AFB bounded by the coordinates: water's edge at
approximately 21 deg.22.8'N, 157 deg.40.4'W; 21 deg.22.8'N,
157 deg.42.3'W; 21 deg.20.8'N, 157 deg.40.4'W; water's edge at
approximately 21 deg.20.8'N, 157 deg.42.2'W.
The safety zone will be enforced only as long as is required for
the landing operations. The public will be advised of the exact dates
and times via broadcast notice to mariners.
In accordance with 5 U.S.C. 553, a notice of proposed rule making
was not published for this regulation and good cause exists for making
it effective in less than 30 days after Federal Register This rule is
effective in less than 30 days because it would be impracticable to
delay the effective date as the U.S. Coast Guard was notified of the
event less than 30 days prior to the occurrence of the event.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule will have a significant economic
impact on a substantial number of small entities. ``Small entities''
include 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.
This regulation will be in effect for only a short period and within a
limited area. Therefore, the Coast Guard certifies under section 605(b)
of the Regulatory Flexibility Act (5 U.S.C. 601-612) that this final
rule will not have a significant economic impact on a substantial
number of small entities.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
[[Page 46672]]
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
will assist small entities in understanding the rule so that they can
better evaluate its effects on them and participate in the rulemaking
process. If you need assistance in understanding this rule contact the
Coast Guard where indicated under FOR FURTHER INFORMATION CONTACT.
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4 (109 Stat. 48), requires Federal agencies to assess the
effects of certain regulatory actions on State, local, and tribal
governments and the private sector. Under sections 202 and 205 of the
UMRA, the Coast Guard generally must prepare a written statement of
economic and regulatory alternatives for proposed and final rules that
contain Federal mandates. The Act applies if those mandates cause
State, local, and tribal governments, or the private sector, to spend,
in the aggregate, $100 million or more in any one year.
Because this action does not impose new or additional enforceable
duties on any State, local or tribal government or the private sector,
it does not contain a ``Federal mandate.'' Even if the requirements in
this proposed action were found to be Federal mandates, they will not
result in annual expenditures of $100 million or more. Therefore,
section 202 and 205 do not apply.
Section 203 of the UMRA also requires the Coast Guard to develop a
small government agency plan before the Coast Guard establishes any
regulatory requirements that may significantly or uniquely affect small
governments. Because this rule contains no regulatory requirements that
might significantly or uniquely affect small governments, Section 203
of the UMRA does not apply.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2e(34)(g) of Commandant
Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994), this
rule is categorically excluded from further environmental
documentation. A ``Categorical Exclusion Determination'' is available
in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165--(AMENDED)
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A new temporary section is added to read as follows:
Sec. 165.T14-002 Safety Zone; Waimanalo Bay, Oahu, Hawaii
(a) Location. A safety zone is established within an area bounded
by a line drawn between the following points: water's edge at
approximately 21 deg.22.8'N, 157 deg.40.4'W; 21 deg.22.8'N,
157 deg.42.3'W; 21 deg.20.8'N, 157 deg.40.4'W; water's edge at
approximately 21 deg.20.8'N, 157 deg.42.2'W.
(b) Effective date. This regulation is effective from September 3,
1997 through September 4, 1997.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited, except as
authorized by the Captain of the Port, or the patrol commander, via
marine radio channel 16, VHF-FM.
Dated: August 27, 1997.
Frank L. Whipple,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 97-23637 Filed 9-2-97; 1:50 pm]
BILLING CODE 4910-14-M