Safety Zone: Waimanalo Bay, Oahu, Hawaii

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.

-----------------------------------------------------------------------

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