Federal Register / Vol. 77, No. 9 / Friday, January 13, 2012 / Rules and Regulations 2019 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–1161 to read as 

follows 

§ 165.T09–1161 Safety Zone; Ice Rescue 

Exercise, Green Bay, Dyckesville, 

Wisconsin 

(a) Location. The safety zone will 

encompass all U.S. navigable waters of 

Green Bay within the arc of a circle with 

a 2000-yard radius of the Red River 

county park with its center point 

located with its center in the 

approximate position 44°40′00′′ N, 

087°45′00′′ W. [DATUM: NAD 83]. 

(b) Effective and enforcement period. 

This rule is effective and will be 

enforced from 7 a.m. on January 17, 

2012, until 7 a.m. on January 20, 2012. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port, 

Sector Lake Michigan, or his or her 

designated representative. 

(3) The ‘‘designated representative’’ of 

the Captain of the Port, Sector Lake 

Michigan, is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the Captain 

of the Port, Sector Lake Michigan, to act 

on his or her behalf. The designated 

representative of the Captain of the Port, 

Sector Lake Michigan, will be in the 

area of the ice rescue exercise at all 

times. 

(4) People or vessels desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port, Sector 

Lake Michigan, or his or her designated 

representative to obtain permission to 

do so. The Captain of the Port, Sector 

Lake Michigan, or his or her designated 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port, Sector Lake Michigan, or his 

or her designated representative. 

Dated: January 5, 2012. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Lake Michigan. 

[FR Doc. 2012–616 Filed 1–12–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1159] 

RIN 1625–AA87 

Security Zone; Passenger Vessel 

SAFARI EXPLORER Arrival/Departure, 

Kaunakakai Harbor, Molokai, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

for Kaunakakai Harbor, Molokai 

including the entrance channel and 

offshore area adjacent to the channel’s 

entrance. The establishment of this 

security zone is necessary to enable the 

Coast Guard and its law enforcement 

partners to protect people, vessels, and 

facilities in and around Kaunakakai 

Harbor during potential non-compliant 

protests involving the passenger vessel 

SAFARI EXPLORER to its intended 

berth in the harbor. Entry into the 

temporary security zone is prohibited 

unless authorized by the Coast Guard 

Captain of the Port, Honolulu, or her 

designated representatives. 

DATES: This rule is effective from 

11 p.m. HST on January 19, 2012, 

through 9 a.m. HST on May 15, 2012. 

Comments and related material must be 

received by the Coast Guard on or before 

February 3, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–1159 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: (202) 493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is (202) 366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule call or email Lieutenant 

Commander Scott O. Whaley, U.S. Coast 

Guard; telephone (808) 522–8264 (ext. 

352), email Scott.O.Whaley@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2011–1159), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will considered 

as having been received by the Coast 

Guard when it is received at the Docket 

Management Facility. We recommend 

that you include your name and a 

mailing address, an email address, or a 

telephone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://regulations.gov, click on the 

‘‘Submit a Comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Search All’’ and insert ‘‘USCG– 

2011–1159’’ in the ‘‘Keyword’’ box. 


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2020 Federal Register / Vol. 77, No. 9 / Friday, January 13, 2012 / Rules and Regulations 

Click ‘‘Search’’ and then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘Read Comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2011– 

1159’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m. 

(EST), Monday through Friday, except 

Federal holidays. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issues of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not plan to hold a public 

meeting. Insufficient time exists prior to 

this event to facilitate requests for a 

public meeting. If you object to this 

decision, you may submit a request for 

a public meeting using one of the four 

methods specified under ADDRESSES. 

Please explain in detail why you believe 

a public meeting would be beneficial. If 

we ultimately determine that a public 

meeting would aid in this rulemaking, 

we will hold one at a time and place 

announced by a later notice in the 

Federal Register. 

Regulatory Information 

The Coast Guard is issuing this 

temporary interim 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. Though the 

operation of the SAFARI EXPLORER 

into Molokai has been voluntarily 

suspended by the operating company, 

operations could resume at any time. It 

would be contrary to public interest to 

delay implementing this rule because it 

could expose waterborne protestors and 

persons on the vessel to significant 

hazards associated with the protestor’s 

tactics of intentionally impeding the 

channel to Kaunakakai Harbor and 

using themselves as human barriers to 

the SAFARI EXPLORER’s movement 

into the harbor. For the same reason, 

under 5 U.S.C. 533(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. 

Although the Coast Guard has good 

cause to issue this temporary interim 

rule without first publishing a proposed 

rule, comments are invited regarding 

this rule on or before February 3, 2012. 

We may issue a temporary final rule that 

reflects changes from this temporary 

interim rule based upon your 

comments. 

Basis and Purpose 

The entrance channel into 

Kaunakakai Harbor is narrow making 

transit for larger vessels difficult in all 

but calm weather. There is no turning 

basin within the harbor and larger 

vessels are restricted in their ability to 

maneuver once they enter the channel. 

Turning around and holding position in 

the narrow channel can create a 

hazardous condition and places the 

vessel at risk of grounding in the 

shallow waters adjacent to the channel. 

On November 26, 2011, protestors 

impeded the scheduled passage of the 

SAFARI EXPLORER into Kaunakakai 

Harbor by blocking the entrance of the 

channel with small vessels and persons 

on surfboards. To avoid risk of collision 

or grounding, the master of the SAFARI 

EXPLORER held station outside of the 

channel’s entrance and ultimately 

decided not to attempt entry into 

Kaunakakai Harbor after the protestors 

in the channel failed to allow access for 

two hours. 

Given this past protest activity and 

the communicated desire of certain 

persons to carry out protest activities in 

the future, certain individuals may 

attempt to implement the same or 

similar techniques in order to impede 

future transits by the SAFARI 

EXPLORER. By designating the waters 

and land within Kaunakakai Harbor as 

a security zone, to be enforced prior to 

scheduled SAFARI EXPLORER transits, 

the regulation provides the Coast Guard 

and its law enforcement partners the 

authority to prevent persons and vessels 

from intentionally blocking the channel 

and ensures the safe passage of the 

vessel. 

Discussion of Temporary Interim Rule 

This rule creates a security zone 

encompassing the navigable channel in 

Kaunakakai Harbor and adjacent waters, 

and areas onshore including the Young 

Brothers facility and a public boat ramp. 

The security zone includes all waters 

and land encompassed within a 

rectangle-like shape bounded by the 

following coordinates: North of the 

Young Brothers Facility at 21°05′08′′ N, 

157°01′41′′ W; then Southeast at a 

bearing of 125° for 770 yards to 

21°04′55′′ N, 157°01′21′′ W; then 

southwest at a bearing of 226° for 1,360 

yards to 21°04′27′′ N, 157°01′52′′ W; 

then northwest at a bearing of 306° for 

580 yards to 21°04′27′′ N, 157°01′52′′ W; 

then northeast at a bearing of 038° for 

1,375 yards to the starting point. 

A graphic labeled ‘‘Illustration of 

Kaunakakai Harbor, Molokai Security 

Zone’’ is available via http:// 

www.regulations.gov in docket USCG– 

2011–1159. It provides a graphical 

representation of the security zone 

discussed above that is being 

established by this temporary interim 

rule. 

The security zone will be activated for 

enforcement 60 minutes before the 

SAFARI EXPLORER’s intended transit 

into the Kaunakakai Harbor Channel 

and will remain subject to enforcement 

until 10 minutes after the SAFARI 

EXPLORER is safely moored in the 

harbor. The security zone may also be 

activated for enforcement 60 minutes 

before the SAFARI EXPLORER’s 

intended transit until after the SAFARI 

EXPLORER has safely departed from the 

security zone. Notice of the zone’s 

activation will be provided by broadcast 

notice to mariners and the display of a 

red flag at the Kaunakakai Harbor 

Master’s building. 

In preparing this temporary rule, the 

Coast Guard made sure to consider the 

rights of lawful protestors. To that end, 

the Coast Guard will allow 

demonstrations within the land portion 

of the security zone on the public 

section of the pier immediately adjacent 

to the Young Brothers facility where the 

SAFARI EXPLORER intends to 


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disembark passengers. The sizeable area 

will allow protestors to assemble and 

convey their message is a safe manner 

to their intended audience. 

In accordance with the general 

regulations in 33 CFR part 165, subpart 

D, no person or vessel will be permitted 

to transit into or remain in the zone 

except for those authorized support 

vessels and personnel, or other 

personnel or vessels authorized by the 

Coast Guard Captain of the Port 

Honolulu or the Fourteenth District 

Commander. Any Coast Guard 

commissioned, warrant or petty officer, 

or other Captain of the Port 

representative permitted by law, may 

enforce the zone. 

Vessels or persons in violation of this 

rule may be subject to the penalties set 

forth in 33 U.S.C. 1232 and 50 U.S.C. 

192 which include federal felony 

provisions. 

Regulatory Analyses 

We developed this temporary interim 

rule after considering numerous statutes 

and executive orders related to 

rulemaking. Below we summarize our 

analyses based on 14 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order or under Executive Order 13563, 

Improving Regulation and Regulatory 

Review. The Office of Management and 

Budget has not reviewed it under that 

Order. The Coast Guard expects the 

economic impact of this rule to be so 

minimal that a full Regulatory 

Evaluation under the regulatory policies 

and procedures of DHS is unnecessary. 

This conclusion is based on the limited 

duration of the zone and the limited 

geographic area affected by it. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule will have a significant 

economic impact on a substantial 

number of small entities. 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. 

This rule could affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels for hire intending to transit or 

operate within Kaunakakai Harbor from 

January 19, 2012, to May 15, 2012. 

This security zone will not have a 

significant economic impact on a 

substantial number of small entities 

because this rule will be activated and 

thus subject to enforcement for periods 

estimated to be no longer than two 

hours per transit. Activation of the 

security zone will only affect a small 

population of vessels operating within 

Kaunakakai Harbor. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule will have a significant 

economic impact on it, please submit a 

comment (see ADDRESSES) explaining 

why you think it qualifies and how and 

to what degree this rule will 

economically affect it. 

Assistance for Small Entities 

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 so that they can 

better evaluate its effects on them and 

participate in the rulemaking. 

If the rule will affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact LCDR Scott 

O. Whaley at (808) 522–8264 extension 

352. The Coast Guard will not retaliate 

against small entities that question or 

complain about this temporary interim 

rule or any policy or action of the Coast 

Guard. 

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. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

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 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. 

Taking of Private Property 

This proposed rule will not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it will 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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 


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Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a determination that this 

action is one of a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment. This rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Instruction. 

This regulation establishes a temporary 

security zone. A final ‘‘Environmental 

Analysis Checklist’’ and a final 

‘‘Categorical Exclusion Determination’’ 

are available in the docket where 

indicated under ADDRESSES. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T14–1159 to read as 

follows: 

§ 165.T14–1159 Security Zone; Passenger 

Vessel SAFARI EXPLORER Arrival/ 

Departure, Kaunakakai Harbor, Molokai, 

Hawaii. 

(a) Location. All waters, from the 

surface to the sea floor, and land 

encompassed within a rectangle-like 

shape bounded by the following 

coordinates: North of the Young 

Brothers Facility at 21°05′08′′ N, 

157°01′41′′ W; then Southeast at a 

bearing of 125° for 770 yards to 

21°04′55′′ N, 157°01′21′′ W; then 

southwest at a bearing of 226° for 1,360 

yards to 21°04′27′′ N, 157°01′52′′ W; 

then northwest at a bearing of 306° for 

580 yards to 21°04′27′′ N, 157°01′52′′ W; 

then northeast at a bearing of 038° for 

1,375 yards back to the starting point. 

(b) Definitions. As used in this 

section, designated representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

Honolulu to assist in enforcing the 

security zones described in paragraph 

(a) of this section. 

(c) Regulations. The general security 

zone found in 33 CFR part 165, subpart 

D, apply to the security zones created by 

this temporary section. 

(1) All persons are required to comply 

with the general regulations governing 

security zones found in 33 CFR 165.33. 

(2) Entry into or remaining in the 

security zone described in paragraph (a) 

of this section is prohibited unless 

authorized by the Coast Guard Captain 

of the Port Honolulu zone or her 

designated representatives. 

(3) Persons desiring to transit the area 

of the security zone may contact the onscene patrol commander on VHF 

channel 16 (156.800 MHz) or VHF 

channel 13 (156.650 MHz), or the 

Captain of the Port Honolulu at 

telephone number 1–(808) 842–2600. If 

permission is granted to enter the 

security zone, all persons and vessels 

must comply with the instructions of 

the Captain of the Port or her designated 

representatives. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zones by Federal, 

State, and local agencies. 

(e) Enforcement period. The security 

zone described in paragraph (a) of this 

section will be activated for 

enforcement 60 minutes before the 

SAFARI EXPLORER’s intended transit 

into the Kaunakakai Harbor Channel 

and will remain subject to enforcement 

until 10 minutes after the SAFARI 

EXPLORER is safely moored in the 

harbor. The security zone may also be 

activated for enforcement 60 minutes 

before the SAFARI EXPLORER’s 

intended transit until after the SAFARI 

EXPLORER has safely departed from the 

security zone. Notice of the zone’s 

activation will be provided by broadcast 

notice to mariners and the display of a 

red flag at the Kaunakakai Harbor 

Master’s building. 

Dated: December 21, 2011. 

J. M. Nunan, 

Captain, U.S. Coast Guard, Captain of the 

Port Honolulu. 

[FR Doc. 2012–549 Filed 1–12–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110303179–1290–02] 

RIN 0648–XA926 

Fisheries of the Northeastern United 

States; Spiny Dogfish Fishery; 

Commercial Period 2 Quota Harvested 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure of 

spiny dogfish fishery. 

SUMMARY: NMFS announces that the 

spiny dogfish commercial quota 

available to the coastal states from 

Maine through Florida for the second 

semi-annual quota period, November 1, 

2011–April 30, 2012, has been 

harvested. Therefore, effective 0001 

hours, January 13, 2012, federally 

permitted spiny dogfish vessels may not 

fish for, possess, transfer, or land spiny 

dogfish until May 1, 2012, when the 


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