Rule2023-18697
Safety Zone; Lahaina Boat Basin, Maui, HI-Emergency Operations and Port Recovery
Primary source
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Published
August 29, 2023
Effective
August 29, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for the navigable waters in the vicinity of Lahaina Boat Basin, Maui, Hawaii. The temporary safety zone encompasses all waters extending 200 yards from shore starting from the potential safety hazards associated with the damage assessment, debris management, vessel salvage and port recovery of Lahaina Boat Basin and surrounding waters, through September 27, 2023. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Honolulu or designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 166 (Tuesday, August 29, 2023)</title>
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[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Rules and Regulations]
[Pages 59453-59455]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18697]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0743]
RIN 1625-AA00
Safety Zone; Lahaina Boat Basin, Maui, HI--Emergency Operations
and Port Recovery
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 in the vicinity of Lahaina Boat Basin, Maui,
Hawaii. The temporary safety zone encompasses all waters extending 200
yards from shore starting from the potential safety hazards associated
with the damage assessment, debris management, vessel salvage and port
recovery of Lahaina Boat Basin and surrounding waters, through
September 27, 2023. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Honolulu or designated representative.
DATES: This rule is effective without actual notice from August 29,
2023, through September 27, 2023. For the purposes of enforcement,
actual notice will be used from August 24, 2023, until August 29, 2023.
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-
2021-0742 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 Wade Thomson, Waterways Management
Division, U.S. Coast Guard Sector Honolulu at (808) 541-4359 or
<a href="/cdn-cgi/l/email-protection#7a2d1b1e1f542a542e1215170915143a0f09191d54171316"><span class="__cf_email__" data-cfemail="88dfe9eceda6d8a6dce0e7e5fbe7e6c8fdfbebefa6e5e1e4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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 August 9, 2023, high winds and wildfires struck portions of
Maui, Hawaii, causing damage to coastal infrastructure and prompting
mass rescue operations for area residents.
On August 9, 2023, the Coast Guard issued a rulemaking creating a
temporary safety zone for all waters extending 1 nautical mile from
shore starting from the northernmost point of Kekaa Point, Maui,
thenceforth to the southernmost point at Hekili Point, Maui, to protect
personnel, vessels, and the marine environment from potential hazards
associated with emergency response and port recovery operations after
wildfires affected the area (88 FR 55373, August 15, 2023). The safety
zone was effective through August 23, 2023. A copy of the rulemaking
that ended on August 23, 2023, is available in Docket USCG-2023-0669,
which can be found using instructions in the ADDRESSES section.
However, additional time is needed to continue to provide protection
against hazards in the area due to emergency response and port recovery
operations. The safety zone encompasses all waters extending 200 yards
from shore starting from the northernmost boundary at Wahikuli Wayside
Park, Maui, thenceforth to the southernmost boundary at Launiupoko
Beach Park, Maui.
[[Page 59454]]
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)
because it would be impracticable and contrary to the public interest.
The Coast Guard was unable to publish an NPRM and hold a reasonable
comment period for this rulemaking due to the emergent nature of the
continuing damage assessment and salvage operations.
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 to restrict
vessel traffic within the safety zone is needed to protect life,
property and the environment, therefore a 30-day notice period is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of providing immediate protection to
on-scene emergency personal, creating a working buffer necessary to
mitigate any safety and potential pollution threats caused by the
wildfires and establishing immediate maritime safety in the vicinity of
on-scene damage assessments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. On August 9, 2023, the Coast Guard was informed of damage,
pollution, and debris in the vicinity of Lahaina Boat Basin, Maui,
Hawaii. The Coast Guard COTP Sector Honolulu has determined that the
potential hazards associated with the emergency response and port
recovery efforts connected to wildfires in the area 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 emergency
response and port recovery operations.
IV. Discussion of the Rule
This rule is in effect from August 24, 2023, through September 27,
2023, at 11:59 p.m., or until emergency response and port recovery
operations are complete, whichever is earlier. If the safety zone is
terminated prior to 11:59 p.m. on September 27, 2023, the Coast Guard
will provide notice via a broadcast notice to mariners. The temporary
safety zone encompasses all waters extending 200 yards from shore
starting from the northernmost boundary at Wahikuli Wayside Park, Maui,
thenceforth to the southernmost boundary at Launiupoko Beach Park,
Maui. The safety zone is needed to protect personnel, vessels, and the
marine environment from potential hazards associated with ongoing
emergency response and port recovery operations after wildfires
affected the area. No vessel or person will be permitted to enter the
safety zone absent the express authorization of the COTP or his
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, as amended by
Executive Order 14094 (Modernizing Regulatory Review). 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 limited duration of the safety zone. This zone impacts a
small, designated area of the Lahaina Harbor and surrounding waters and
operations may suspend early at the discretion of the Captain of the
Port, Sector Honolulu.
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.
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,
[[Page 59455]]
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 that will prohibit entry within certain navigable
waters of Lahaina Boat Basin. 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.
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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T14-0743 to read as follows:
Sec. 165.T14-0743 Safety Zone; Pacific Ocean, Lahaina Boat Basin,
Maui, HI--Emergency Operations and Port Recovery.
(a) Location. The following area is a safety zone: All waters
extending 200 yards from shore starting from the northernmost boundary
at Wahikuli Wayside Park, Maui, thenceforth to the southernmost
boundary at Launiupoko Beach Park, Maui.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Honolulu (COTP) in the enforcement of the
safety zone.
(c) Regulations. 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 or the COTP's
representative by VHF/FM Chanel 16. 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.
(d) Enforcement period. This section will be enforced August 24,
2023, through September 27, 2023, unless an earlier end is announced by
broadcast notice to mariners.
Dated: August 24, 2023.
A.L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Sector Honolulu.
[FR Doc. 2023-18697 Filed 8-25-23; 4:15 pm]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 29, 2023.
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