Rule2021-23179
Safety Zone; Pacific Ocean, Offshore Barbers Point, Oahu, HI-Salvage Operations
Primary source
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Published
October 25, 2021
Effective
October 25, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for the navigable waters of the Southwest shores of Oahu, Hawaii, near Barbers Point. The temporary safety zone encompasses all waters extending 1 nautical mile in all directions from position 21[deg]16'40" N, 158[deg]01'28" W. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with ongoing operations to salvage a downed aircraft in this area. Entry of vessels or persons in this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Honolulu.
Full Text
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<title>Federal Register, Volume 86 Issue 203 (Monday, October 25, 2021)</title>
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[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Rules and Regulations]
[Pages 58803-58805]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23179]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0525]
RIN 1625-AA00
Safety Zone; Pacific Ocean, Offshore Barbers Point, Oahu, HI--
Salvage Operations
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters of the Southwest shores of Oahu, Hawaii, near
Barbers Point. The temporary safety zone encompasses all waters
extending 1 nautical mile in all directions from position
21[deg]16'40'' N, 158[deg]01'28'' W. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards associated with ongoing operations to salvage a downed aircraft
in this area. Entry of vessels or persons in this zone is prohibited
unless specifically authorized by the Captain of the Port (COTP)
Honolulu.
DATES: This rule is effective without actual notice from October 25,
2021, through November 6, 2021, at midnight. For the purposes of
enforcement, actual notice will be used from October 9, 2021, at 12:01
a.m. until October 25, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0525 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Joshua Williams, Waterways
Management Division, U.S. Coast Guard Sector Honolulu at (808) 541-2359
or <a href="/cdn-cgi/l/email-protection#b7fdd8c4dfc2d699d599c0dedbdbded6dac4f7c2c4d4d099dadedb"><span class="__cf_email__" data-cfemail="2d67425e45584c034f035a444141444c405e6d585e4e4a03404441">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On July 2, 2021, Transair 810, a cargo plane, crashed off the
Southwest shores of Oahu, Hawaii, near Barbers Point.
On July 2, 2021, the Coast Guard issued a temporary rule to
establish a safety zone extending 3 nautical miles in all directions
from position 21[deg]16'36'' N, 158[deg]01'42'' W to protect personnel,
vessels, and the marine environment from potential hazards associated
with ongoing operations to salvage a downed aircraft in the area. That
rule expired at 12:00 a.m. on July 30, 2021. The Coast Guard is issuing
this rule so that salvage operations can continue.
The Coast Guard is issuing this temporary 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 because immediate action is needed to
facilitate an emergency salvage operation. Due to the limited
capabilities nationally and limited resources locally, the logistics
and planning of such a salvage operations does not allow for public
comment, and therefore publishing a NPRM is impracticable and contrary
to public interest.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
[[Page 58804]]
respond to the potential safety, navigational and environmental hazards
associated with emergency salvage of Transair 810.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). On July 2, 2021, the Coast Guard was
informed of a cargo plane crash off the Southwest shores of Oahu,
Hawaii, near Barbers Point. The Coast Guard COTP Sector Honolulu has
determined that the potential hazards associated with the salvage
operations constitute a safety concern for anyone within the designated
safety zone. This rule is necessary to protect personnel, vessels, and
the marine environment within the navigable waters of the safety zone
during ongoing salvage operations.
IV. Discussion of the Rule
This rule is effective from October 9, 2021, at 12:01 a.m. through
November 6, 2021, at midnight, or until salvage operations are
complete, whichever is earlier. If the safety zone is terminated prior
to 12:00 a.m. on November 6, 2021, the Coast Guard will provide notice
via a broadcast notice to mariners. The temporary safety zone
encompasses all waters extending 1 nautical mile in all directions
around the location of ongoing salvage operations at position
21[deg]16'40'' N, 158[deg]01'28'' W. This zone extends from the surface
of the water to the ocean floor. The zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters from potential hazards associated with the salvage operations of
one downed aircraft in this area. No vessel or person will be permitted
to enter the safety zone absent the express authorization of the COTP
or their designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration, of the safety zone. Vessel traffic will be able
to safely transit around this safety zone which would impact a small
designated area of the navigable waters off the Southwest shores of
Oahu, Hawaii, near Barbers Point where vessel traffic is normally low.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator. This safety zone is limited in size and
duration, and mariners may request to enter the zone by contacting the
COTP.
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 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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
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 rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
E. 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 will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined 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 involves a
safety zone lasting 28 days, or until salvage
[[Page 58805]]
operations are complete, that will prohibit entry within 1 nautical
mile of vessels and machinery being used by personnel to effect the
salvage of Transair 810. It is categorically excluded from further
review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
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 amends
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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T14-0525 to read as follows:
Sec. 165.T14-0525 Safety Zone; Pacific Ocean, Offshore Barbers Point,
Oahu HI--Salvage Operations.
(a) Location. The following area is a safety zone: All waters
extending 1 nautical miles in all directions around the location of
ongoing salvage operations at position 21[deg]16'40'' N,
158[deg]01'28'' W. This zone extends from the surface of the water to
the ocean floor. These coordinates are based on the 1984 World Geodetic
System (WGS 84).
(b) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the Captain of the Port (COTP) Honolulu to assist in
enforcing the safety zone described in paragraph (a) of this section.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP at the Command
Center telephone number (808) 842-2600 and (808) 842-2601, fax (808)
842-2642 or on VHF channel 16 (156.8 Mhz). Those in the safety zone
must comply with all lawful orders or directions given to them by the
COTP or the COTP's designated representative.
Dated: October 8, 2021.
A.L. Kirksey,
Commander, U.S. Coast Guard, Alternate Captain of the Port Honolulu.
[FR Doc. 2021-23179 Filed 10-22-21; 8:45 am]
BILLING CODE 9110-04-P
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