[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Rules and Regulations]
[Pages 46671-46672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23637]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Honolulu 97-003]
RIN 2115-AA97


Safety Zone: Waimanalo Bay, Oahu, Hawaii

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
offshore of Bellows Air Force Base (AFB) in Waimanalo Bay on the island 
of Oahu, Hawaii. The safety zone is a square box approximately 4000 
yards wide by 4000 yards long. This zone is needed to protect mariners 
and observers from possible safety and navigational hazards associated 
with a joint U.S. Navy and U.S. Marine Corps (USMC) amphibious landing 
of the USMC Thirteenth Marine Expeditionary Unit (MEU). Entry of 
vessels or persons into this temporary zone is prohibited unless 
authorized by the Captain of the Port (COTP).

DATES: This regulation is effective from September 3, 1997 through 
September 4, 1997.

ADDRESSES: Marine Safety Office, Honolulu, Hawaii 96813.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Michael Heisler, Port Safety and Security Branch, Marine 
Safety Office, Honolulu, Hawaii, (808) 522-8260.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    A joint U.S. Navy and U.S. Marine Corps (USMC) amphibious landing 
of the USMC Thirteenth Marine Expeditionary Unit (MEU) will take place 
at Bellows AFB, Oahu, Hawaii. Four large U.S. Navy vessels will 
maintain station within the safety zone while launching and recovering 
various amphibious craft and vehicles to transport the Marines to 
Bellows AFB. This regulation is intended to minimize the risk to 
mariners and observers from the amphibious landing operations by 
keeping vessels and spectators at a safe distance. The zone will be 
seaward of Bellows AFB bounded by the coordinates: water's edge at 
approximately 21 deg.22.8'N, 157 deg.40.4'W; 21 deg.22.8'N, 
157 deg.42.3'W; 21 deg.20.8'N, 157 deg.40.4'W; water's edge at 
approximately 21 deg.20.8'N, 157 deg.42.2'W.
    The safety zone will be enforced only as long as is required for 
the landing operations. The public will be advised of the exact dates 
and times via broadcast notice to mariners.
    In accordance with 5 U.S.C. 553, a notice of proposed rule making 
was not published for this regulation and good cause exists for making 
it effective in less than 30 days after Federal Register This rule is 
effective in less than 30 days because it would be impracticable to 
delay the effective date as the U.S. Coast Guard was notified of the 
event less than 30 days prior to the occurrence of the event.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule will have a significant economic 
impact on a substantial number of small entities. ``Small entities'' 
include 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. 
This regulation will be in effect for only a short period and within a 
limited area. Therefore, the Coast Guard certifies under section 605(b) 
of the Regulatory Flexibility Act (5 U.S.C. 601-612) that this final 
rule will not have a significant economic impact on a substantial 
number of small entities.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory

[[Page 46672]]

Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
will assist small entities in understanding the rule so that they can 
better evaluate its effects on them and participate in the rulemaking 
process. If you need assistance in understanding this rule contact the 
Coast Guard where indicated under FOR FURTHER INFORMATION CONTACT.

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4 (109 Stat. 48), requires Federal agencies to assess the 
effects of certain regulatory actions on State, local, and tribal 
governments and the private sector. Under sections 202 and 205 of the 
UMRA, the Coast Guard generally must prepare a written statement of 
economic and regulatory alternatives for proposed and final rules that 
contain Federal mandates. The Act applies if those mandates cause 
State, local, and tribal governments, or the private sector, to spend, 
in the aggregate, $100 million or more in any one year.
    Because this action does not impose new or additional enforceable 
duties on any State, local or tribal government or the private sector, 
it does not contain a ``Federal mandate.'' Even if the requirements in 
this proposed action were found to be Federal mandates, they will not 
result in annual expenditures of $100 million or more. Therefore, 
section 202 and 205 do not apply.
    Section 203 of the UMRA also requires the Coast Guard to develop a 
small government agency plan before the Coast Guard establishes any 
regulatory requirements that may significantly or uniquely affect small 
governments. Because this rule contains no regulatory requirements that 
might significantly or uniquely affect small governments, Section 203 
of the UMRA does not apply.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2e(34)(g) of Commandant 
Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994), this 
rule is categorically excluded from further environmental 
documentation. A ``Categorical Exclusion Determination'' is available 
in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Vessels, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:

PART 165--(AMENDED)

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A new temporary section is added to read as follows:


Sec. 165.T14-002  Safety Zone; Waimanalo Bay, Oahu, Hawaii

    (a) Location. A safety zone is established within an area bounded 
by a line drawn between the following points: water's edge at 
approximately 21 deg.22.8'N, 157 deg.40.4'W; 21 deg.22.8'N, 
157 deg.42.3'W; 21 deg.20.8'N, 157 deg.40.4'W; water's edge at 
approximately 21 deg.20.8'N, 157 deg.42.2'W.
    (b) Effective date. This regulation is effective from September 3, 
1997 through September 4, 1997.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited, except as 
authorized by the Captain of the Port, or the patrol commander, via 
marine radio channel 16, VHF-FM.

    Dated: August 27, 1997.
Frank L. Whipple,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 97-23637 Filed 9-2-97; 1:50 pm]
BILLING CODE 4910-14-M