[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Rules and Regulations]
[Pages 41333-41335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18451]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0809]
RIN 1625-AA00


Safety Zone; Pacific Ocean, North Shore, Oahu, HI--Recovery 
Operations

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the navigable waters of the North Shore of Oahu, Hawaii, near Ka'Ena 
Point. The temporary safety zone encompasses all waters extending 3 
nautical miles in all directions from position 21[deg]34.88' N.; 
158[deg]17.90' W. The safety zone is needed to protect personnel, 
vessels and the marine environment from potential hazards associated 
with ongoing operations to salvage a downed helicopter in this area. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Honolulu.

DATES: This rule is effective without actual notice from August 31, 
2017 until 8:00 a.m. on September 15, 2017. For the purposes of 
enforcement, actual notice will be used from August 22, 2017, until 
August 31, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0809 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander John Bannon, Waterways Management 
Division, U.S. Coast Guard Sector Honolulu at (808) 541-4359 or 
<a href="/cdn-cgi/l/email-protection#412b2e292f6f246f23202f2f2e2f01343222266f2c282d"><span class="__cf_email__" data-cfemail="751f1a1d1b5b105b17141b1b1a1b35000616125b181c19">[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 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 immediate action is needed to respond 
to the potential safety hazards associated with this salvage effort, 
and therefore publishing an NPRM is impracticable and contrary to 
public interest.
    On August 16, 2017, the Coast Guard published a temporary final 
rule entitled, ``Safety Zone; Pacific Ocean, North Shore Oahu, HI 
docket number USCG-2016-0507, establishing a safety zone in the 
navigable waters of the Pacific Ocean, North Shore, Oahu, HI. The 
purpose of the safety zone was to provide for the safety of search and 
rescue efforts for an August 15, 2017 downed helicopter off the North 
Shore, Oahu, HI, near Ka'Ena Point. Additionally, the safety zone was 
necessary to map the debris field and crash location. The new TFR 
adjusts the safety zone to complete all salvage and recovery operations 
after the completion of the search and rescue operations.

[[Page 41334]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. On August 15, 2017, the Coast Guard was informed of a helicopter 
crash off the North Shore of Oahu, Hawaii, near Ka'Ena Point. The Coast 
Guard COTP Sector Honolulu has determined that potential hazards 
associated with the salvage operations constitute a safety concern for 
anyone within the designated safety zone. This rule is necessary to 
protect personnel, vessels, and the marine environment within the 
navigable waters of the safety zone during ongoing salvage operations.

IV. Discussion of the Rule

    This rule is effective from August 22, 2017 through 8:00 a.m. on 
September 15, 2017, or until salvage operations are complete, whichever 
is earlier. If the safety zone is terminated prior to 8:00 a.m. on 
September 15, 2017, the Coast Guard will provide notice via a broadcast 
notice to mariners. The temporary safety zone encompasses all waters 
extending 3 nautical miles in all directions around the location of 
ongoing salvage operations near position: 21[deg]34.88' N.; 
158[deg]17.90' W. This zone extends from the surface of the water to 
the ocean floor. The zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters from potential 
hazards associated with the salvage operations of one downed helicopter 
in this area. No vessel or person will be permitted to enter the safety 
zone absent the express authorization of the COTP or his 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which would 
impact only a small designated area of the waters off of Ka'Ena Point 
where vessel traffic is normally low. Moreover, the Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the zone, and the rule would allow vessels to seek permission to enter 
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. The safety zone is limited in size and 
duration, and mariners may request to enter the zone by contacting the 
COTP.
    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 
contact 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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

[[Page 41335]]

significant effect on the human environment. This rule involves a 
safety zone with a duration of six days or until the search is 
suspended. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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, and 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:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T14-0809 to read as follows:


Sec.  165.T14-0809   Safety Zone; Pacific Ocean, North Shore Oahu, HI--
Recovery Operations.

    (a) Location. The safety zone is located within the COTP Zone (See 
33 CFR 3.70-10) and will encompass all navigable waters extending 3 
nautical miles in all directions from position: 21[deg]34.88' N.; 
158[deg]17.90' W. This zone extends from the surface of the water to 
the ocean floor.
    (b) Enforcement Period. This rule is effective from 1:00 p.m. (HST) 
on August 22, 2017 through 8:00 a.m. (HST) on September 15, 2017, or 
until salvage operations are complete, whichever is earlier. If the 
safety zone is terminated prior to 8:00 a.m. (HST) on September 15, 
2017, the Coast Guard will provide notice via a broadcast notice to 
mariners.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.20, subpart C, apply to the safety zone created 
by this temporary final rule.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in 33 CFR part 165.
    (2) Entry into or remaining in this zone is prohibited unless 
expressly authorized by the COTP or his designated representative.
    (3) Persons desiring to transit the safety zone identified in 
paragraph (a) of this section may contact the COTP at the Command 
Center telephone number (808) 842-2600 and (808) 842-2601, fax (808) 
842-2642 or on VHF channel 16 (156.8 Mhz) to seek permission to transit 
the zone. If permission is granted, all persons and vessels must comply 
with the instructions of the COTP or his designated representative and 
proceed at the minimum speed necessary to maintain a safe course while 
in the zone.
    (4) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone by Federal, State, and local agencies.
    (d) Notice of enforcement. The COTP will cause notice of the 
enforcement of the safety zone described in this section to be made by 
verbal broadcasts and written notice to mariners and the general 
public.
    (e) Definitions. As used in this section, designated representative 
means any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the COTP to assist in enforcing the safety zone 
described in paragraph (a) of this section.

    Dated: August 22, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-18451 Filed 8-30-17; 8:45 am]
 BILLING CODE 9110-04-P


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