Rule2023-27036
Safety Zone; Kaneohe Bay, Oahu, HI-Navy P8 Aircraft Salvage Operations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 12, 2023
Effective
December 12, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a 0.5 nautical mile radius temporary safety zone for navigable waters in Kaneohe Bay, HI encompassing the partially submerged Navy P8 aircraft. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by salvage operations of the Navy P8 aircraft. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Honolulu.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 237 (Tuesday, December 12, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Rules and Regulations]
[Pages 86046-86048]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27036]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0949]
RIN 1625-AA00
Safety Zone; Kaneohe Bay, Oahu, HI--Navy P8 Aircraft Salvage
Operations
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a 0.5 nautical mile radius
temporary safety zone for navigable waters in Kaneohe Bay, HI
encompassing the partially submerged Navy P8 aircraft. The safety zone
is needed to protect personnel, vessels, and the marine environment
from potential hazards created by salvage operations of the Navy P8
aircraft. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port, Sector
Honolulu.
DATES: This rule is effective without actual notice from December 12,
2023 through December 10, 2023. For the purposes of enforcement, actual
notice will be used from December 2, 2023. This rule will be enforced
each day it is in effect from 7 a.m. to 6 p.m. December 12, 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-
2023-0949 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 about this rule,
call or email Chief Petty Officer Bradley Lindsey, Waterways Management
Division, U.S. Coast Guard Sector Honolulu; telephone 808-541-4363,
<a href="/cdn-cgi/l/email-protection#d4b6a6b5b0b8b1adfaa3fab8bdbab0a7b1ad94a1a7b7b3fab9bdb8"><span class="__cf_email__" data-cfemail="bfddcddedbd3dac691c891d3d6d1dbccdac6ffcaccdcd891d2d6d3">[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
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 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 and logistical coordination of salvage operations.
It is impracticable to publish an NPRM because we must establish this
safety zone by December 2, 2023.
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
respond to remove the existing threat to the environment and safeguard
against future potential threat to the environment as well as safety
hazards associated with emergency salvage operations of the Navy P8
aircraft.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Honolulu (COTP) has determined
that potential hazards associated with emergency salvage operations
starting December 2, 2023, will be a safety concern for anyone within a
0.5 nautical mile radius of the Navy P8 aircraft. This rule is needed
to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while salvage operations take
place.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. until 6 p.m. on
December 2, 2023, through December 10, 2023. The Coast Guard is
establishing a 0.5 nautical mile radius temporary safety zone for
navigable waters in Kaneohe Bay, HI encompassing the partially
submerged Navy P8 aircraft. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the aircraft is being salvaged. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a 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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
[[Page 86047]]
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 Kaneohe Bay of Oahu, Hawaii,
where vessel traffic is normally low. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 and
publish a Marine Safety Information Bulletin (MSIB) on Homeport 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.
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 only 11 hours per day for 10 days that will
prohibit entry within 0.5 nautical miles of vessels and machinery being
used by personnel to salvage the Navy P8 aircraft. 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, 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.T14-0949 to read as follows:
Sec. 165.T14-0949 Safety Zone; Kaneohe Bay, Oahu, HI--Navy P8 Salvage
Operations.
(a) Location. The following area is a safety zone: The Coast Guard
is establishing a 0.5 nautical mile radius temporary safety zone for
navigable waters in Kaneohe Bay, HI encompassing the partially
submerged Navy P8 aircraft. This zone extends from the surface of the
water to the ocean floor.
(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 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
[[Page 86048]]
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 at the command center at (808) 842-2600 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: December 1, 2023.
A.L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Sector Honolulu.
[FR Doc. 2023-27036 Filed 12-11-23; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 12, 2023.
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.