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