Rule2023-26808
Safety Zone; Lahaina Boat Basin, Maui, HI-Emergency Operations and Port Recovery
Primary source
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Published
December 8, 2023
Effective
December 8, 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 from the northernmost boundary, 60 yards south of the intersection of Front Street and Baker Street, Maui, to the southernmost boundary, 20 yards south of the intersection of Front Street and Shaw Street, Maui. This action is necessary to provide for the safety of persons and the marine environment 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 December 15, 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 235 (Friday, December 8, 2023)</title>
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[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85500-85502]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26808]
[[Page 85500]]
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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 from the northernmost boundary, 60 yards south of the
intersection of Front Street and Baker Street, Maui, to the
southernmost boundary, 20 yards south of the intersection of Front
Street and Shaw Street, Maui. This action is necessary to provide for
the safety of persons and the marine environment 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 December 15, 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 December 8,
2023 through December 15, 2023. For the purposes of enforcement, actual
notice will be used from December 01, 2023, until December 8, 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-
2023-0743 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#1641777273384638427e797b6579785663657571387b7f7a"><span class="__cf_email__" data-cfemail="7d2a1c1918532d53291512100e12133d080e1e1a53101411">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Honolulu
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 8, 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 temporary rule
establishing a 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. 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.
On September 22, 2023, the Coast Guard issued a rulemaking creating
a temporary safety zone that encompassed all waters extending 200 yards
from shore from the northernmost point, 100 yards south of the
intersection of Kaniau Road and Honoapiilani Highway (Highway 30),
Maui, thenceforth to the southernmost boundary at the southern end of
Launiupoko Beach Park, Maui, with an effective end date of December 5,
2023. A copy of the rulemaking ending on December 5, 2023 is available
in the Docket USCG-2023-0743, 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. As a result, the Coast Guard is
establishing through temporary regulations a safety zone that will be
in effect through December 15, 2023. The safety zone encompasses all
waters extending 200 yards from shore from the northernmost boundary,
60 yards south of the intersection of Front Street and Baker Street,
Maui, to the southernmost boundary, 20 yards south of the intersection
of Front Street and Shaw Street, Maui.
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. The Coast Guard Captain of the Port Sector Honolulu (COTP) 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 establishes a temporary safety zone that will be enforced
from December 01, 2023, through December 15, 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 December 15, 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 from the northernmost
[[Page 85501]]
boundary, 60 yards south of the intersection of Front Street and Baker
Street, Maui, to the southernmost boundary, 20 yards south of the
intersection of Front Street and Shaw Street, 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 her 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 COTP.
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, 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 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:
[[Page 85502]]
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 from the northernmost boundary, 60 yards
south of the intersection of Front Street and Baker Street, Maui, to
the southernmost boundary, 20 yards south of the intersection of Front
Street and Shaw Street, 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. (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 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 rule will be enforced December 1,
2023, through December 15, 2023, unless an earlier end is announced by
broadcast notice to mariners.
Dated: December 1, 2023.
A.L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Sector Honolulu.
[FR Doc. 2023-26808 Filed 12-7-23; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.