Safety Zone; T/V DENISE FOSS (O.N. 1254223), Honolulu, HI

Issuing agencies

Abstract

The Coast Guard is establishing a temporary safety zone for navigable waters within a 500-yard radius of the T/V DENISE FOSS (O.N. 1254223) and its tow, FOSS 3612 (O.N. 1255436). The moving safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with the transportation of three ship-to-shore cranes. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Honolulu, or their designated representative.

Full Text

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<title>Federal Register, Volume 91 Issue 162 (Monday, August 24, 2026)</title>
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[Federal Register Volume 91, Number 162 (Monday, August 24, 2026)]
[Rules and Regulations]
[Pages 54659-54661]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17217]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2026-0221]
RIN 1625-AA00


Safety Zone; T/V DENISE FOSS (O.N. 1254223), Honolulu, HI

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 500-yard radius of the T/V DENISE FOSS (O.N. 
1254223) and its tow, FOSS 3612 (O.N. 1255436). The moving safety zone 
is needed to protect personnel, vessels, and the marine environment 
from potential hazards associated with the transportation of three 
ship-to-shore cranes. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port, 
Sector Honolulu, or their designated representative.

DATES: This rule is effective without actual notice from August 24, 
2026 through 9 a.m. on August 25, 2026. For the purposes of 
enforcement, actual notice will be used from 6 a.m. on August 19, 2026, 
until August 24, 2026.

ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0221.

[[Page 54660]]


FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
contact LCDR Carol Yin, Sector Honolulu Waterways Management Division, 
U.S. Coast Guard; telephone 808-291-2923, or email 
<a href="/cdn-cgi/l/email-protection#733012011c1f5d375d2a1a1d33060010145d1e1a1f"><span class="__cf_email__" data-cfemail="1b587a697477355f354272755b6e68787c35767277">[email&#160;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 and Authority

    The Coast Guard received notification on August 3, 2026, that Pasha 
Hawaii will ship three ship-to-shore cranes from Los Angeles, CA to 
Honolulu, HI, via tug and barge, with a scheduled arrival date of 
August 14, 2026. The Coast Guard initially published a temporary final 
rule to implement a safety zone from August 13, 2026 through August 17, 
2026 (91 FR 52023; August 12, 2026). Due to Tropical Storm Lala, the 
tug and barge's updated arrival date is August 19, 2026. The day and 
time of this safety zone enforcement will depend on the arrival, but 
enforcement may start as soon as 6 a.m. on August 19, 2026. Hazards 
from this shipment include but are not limited to the tug and barge 
being restricted in its ability to maneuver, which creates hazards for 
the public on the water. The Captain of the Port (COTP) Honolulu has 
determined that potential hazards associated with the shipment of the 
three ship-to-shore cranes are a safety concern for anyone while the 
tug and barge are transiting in Mamala Bay on its approach to Honolulu 
Harbor. Therefore, the COTP is issuing this rule under the authority in 
46 U.S.C. 70034, which is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone.
    Because of these potential hazards, the Coast Guard is issuing this 
rule without prior notice and comment. As is authorized by 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 is impracticable. The Coast Guard was notified of the 
updated arrival date on August 17, 2026, but we must establish this 
safety zone by August 19, 2026, to protect personnel, vessels, and the 
marine environment while the tug and barge are approaching Honolulu 
Harbor. Therefore, we do not have enough time to solicit and respond to 
comments.
    For the same reason, the Coast Guard finds that under 5 U.S.C. 
553(d)(3), good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.

III. Discussion of the Rule

    This rule establishes a moving safety zone that will be enforced 
from August 19, 2026 through August 25, 2026. The day and time of 
enforcement will depend on the arrival of T/V DENISE FOSS (O.N. 
1254223) and its tow, FOSS 3612 (O.N. 1255436), entering Mamala Bay in 
the vicinity of Honolulu Harbor and will be announced to the public in 
advance. The safety zone will cover all navigable waters within a 500 
yard radius of the T/V DENISE FOSS (O.N. 1254223) and its tow, FOSS 
3612 (O.N. 1255436). Vessels and persons will not be allowed to enter 
the zone during this time, unless authorized by the Captain of the 
Port. An image of the vessel is available in the docket on 
<a href="http://regulations.gov">regulations.gov</a> by searching docket number USCG-2026-0221.

IV. 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.

A. Impact on Small Entities

    The regulatory flexibility analysis provisions of the Regulatory 
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that 
are not subject to notice and comment. Because the Coast Guard has, for 
good cause, waived the notice and comment requirement that would 
otherwise apply to this rulemaking, the Regulatory Flexibility Act's 
flexibility analysis provisions do not apply here.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your 
small business, organization, or governmental jurisdiction and you have 
questions, contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section.
    Small businesses may send comments to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards by calling 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.

B. 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).

C. Federalism and Indian Tribal Governments

    We have analyzed this rule under Executive Order 13132, Federalism, 
and have determined that it is consistent with the fundamental 
federalism principles and preemption requirements described in that 
Order.
    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.

D. Unfunded Mandates Reform Act

    As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538), the Coast Guard certifies that this rule will not result in 
an annual expenditure of $100,000,000 or more (adjusted for inflation) 
by a State, local, or tribal government, in the aggregate, or by the 
private sector.

E. 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 et seq.), 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 is a safety zone. It is categorically excluded from 
further review under paragraph L60(a) 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.

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:

[[Page 54661]]

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; DHS Delegation No. 00170.1, Revision No. 01.4.


0
2. Add Sec.  165.T14-0220 to read as follows:


Sec.  165.T14-0220   Safety Zone; T/V DENISE FOSS (O.N. 1254223), 
Honolulu, HI.

    (a) Location. The following area is a safety zone: All navigable 
waters within a 500-yard radius around the T/V DENISE FOSS (O.N. 
1254223) and its tow, FOSS 3612 (O.N. 1255436), in Mamala Bay on its 
approach to Honolulu Harbor.
    (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 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 on VHF-FM channel 16 or by telephone at (800) 552-6458. 
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 subject to enforcement 
from 6 a.m. on August 19, 2026 through 9 a.m. on August 25, 2026. The 
section will be enforced until the T/V DENISE FOSS (O.N. 1254223) and 
its tow, FOSS 3612 (O.N. 1255436), enter the Honolulu Harbor Security 
Zone.

N.S. Worst,
Captain, U.S. Coast Guard, Captain of the Port Sector Honolulu.
[FR Doc. 2026-17217 Filed 8-21-26; 8:45 am]
BILLING CODE 9110-04-P


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