82 FR 16109 - Safety Zone; Pacific Ocean, Kilauea Lava Flow Ocean Entry on Southeast Side of Island of Hawaii, HI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 62 (April 3, 2017)

Page Range		16109-16111
FR Document		2017-06473

The Coast Guard is establishing a temporary safety zone for the navigable waters surrounding the entry of lava from Kilauea volcano into the Pacific Ocean on the southeast side of the Island of Hawaii, HI. The safety zone will encompass all waters extending 300 meters (984 feet) in all directions around all entry points of lava flow into the ocean. The entry points of the lava vary, and the safety zone will vary accordingly. The safety zone is needed to protect persons and vessels from the potential hazards associated with molten lava entering the ocean resulting in explosions of large chunks of hot rock and debris upon impact, collapses of the sea cliff into the ocean, hot lava arching out and falling into the ocean, and the release of toxic gases. Entry of persons or vessels into this safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Honolulu or his designated representative.

Federal Register, Volume 82 Issue 62 (Monday, April 3, 2017)

[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Rules and Regulations]
[Pages 16109-16111]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06473]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0172]
RIN 1625-AA00


Safety Zone; Pacific Ocean, Kilauea Lava Flow Ocean Entry on 
Southeast Side of Island of Hawaii, HI

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 surrounding the entry of lava from Kilauea volcano 
into the Pacific Ocean on the southeast side of the Island of Hawaii, 
HI. The safety zone will encompass all waters extending 300 meters (984 
feet) in all directions around all entry points of lava flow into the 
ocean. The entry points of the lava vary, and the safety zone will vary 
accordingly. The safety zone is needed to protect persons and vessels 
from the potential hazards associated with molten lava entering the 
ocean resulting in explosions of large chunks of hot rock and debris 
upon impact, collapses of the sea cliff into the ocean, hot lava 
arching out and falling into the ocean, and the release of toxic gases. 
Entry of persons or vessels into this safety zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Honolulu or 
his designated representative.

DATES: This rule is effective without actual notice from April 3, 2017, 
through 8 a.m. (HST) on September 28, 2017. For purposes of 
enforcement, actual notice will be used from 8 a.m. (HST) on March 28, 
2017, through April 3, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
USCG-2017-0172 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 
temporary rule, call or email Lieutenant Commander Nicolas Jarboe, 
Waterways Management Division, U.S. Coast Guard; telephone 808-541-
4359, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
TFR Temporary Federal Regulation
U.S.C. United States Code

II. Background Information and Regulatory History

    Lava has been entering the ocean at Kamokuna on K[imacr]lauea 
Volcano's south coast since July of 2016. As with all ocean entries 
during this long-lived K[imacr]lauea eruption, hazards to people nearby 
on land and sea include: A plume of corrosive seawater laden with 
hydrochloric acid and fine volcanic particles that can irritate the 
skin, eyes, and lungs; explosions of debris and scalding water as hot 
rock interacts with the ocean; sudden collapse of lava deltas (new land 
formed as lava accumulates above sea level extending out from the base 
of the existing sea cliff); waves associated with explosions, 
collapses; plumes of hot water. For more information, please see: 
https://pubs.usgs.gov/fs/2000/fs152-00/.
    On New Year's Eve 2016, a large portion of the new lava delta 
collapsed into the ocean producing waves and explosions of debris. 
Following this collapse, portions of the adjacent sea cliff continued 
to collapse into the ocean producing localized ocean waves and showers 
of debris. As of late March 2017, a new delta has begun to form at the 
Kamokuna ocean entry. Additionally, cracks parallel to the sea cliff in 
the surrounding area persist, indicating further collapses with very 
little or no warning are possible.
    Based on a review of nearly 30 years of delta collapse and ejecta 
distance observations in the Hawaii Volcano Observatory records, a 
radius of 300 meters was determined as a reasonable minimum high hazard 
zone around a point of ocean entry.
    The Coast Guard is issuing this temporary final 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 those 
procedures is ``impractical, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for not publishing a NPRM and for making this rule 
effective less than 30 days after publication in the Federal Register. 
The Coast Guard finds it impractical to issue an NPRM with respect to 
this rule because of the emergency situation of potential hazards 
associated with molten lava entering the ocean resulting in explosions 
of large chunks of hot rock and debris upon impact, collapses of the 
sea cliff into the ocean, hot lava arching out and falling into the 
ocean, and the release of toxic gases that poses a danger to vessel 
traffic and the public. Publishing an NPRM and delaying the effective 
date would be contrary to the safety zone's intended objectives, 
including but not limited to protection of the public and mitigation of 
danger to nearby vessels from the hazards of flow entry into the ocean, 
enhancing public safety. Publishing a NPRM and delaying the effective 
date would also be contrary to the public interest since the occasion 
would occur before a notice-and-comment rulemaking could be completed, 
thereby jeopardizing the safety of the public.

[[Page 16110]]

The COTP Honolulu finds this temporary safety zone must be effective 
immediately to ensure the safety of the public during Kilauea's active 
lava flow entry into the Pacific Ocean on the southeast side of the 
Island of Hawaii, HI.
    The Coast Guard is publishing an NPRM elsewhere in this issue of 
the Federal Register that proposes to establish a permanent safety zone 
for the navigable waters surrounding the entry of lava from Kilauea 
volcano into the Pacific Ocean on the southeast side of the Island of 
Hawaii, HI.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Honolulu has determined that potential hazards 
associated with Kilauea's active lava flow entry into the Pacific Ocean 
on the southeast side of the Island of Hawaii, HI is safety concern for 
anyone within 300 meters (984 feet) in all directions around the entry 
of lava flow. The purpose of this rule is to ensure safety of public, 
vessels, and the navigable waters covered by the safety zone.

IV. Discussion of Comments, Changes, and the Rule

    This temporary final rule establishes a safety zone from 8 a.m. 
(HST) on March 28, 2017, through 8 a.m. (HST) on September 28, 2017. 
The entry point of the lava does change based on flow, however the 
safety zone will encompass all waters extending 300 meters (984 feet) 
in all directions around the entry point of lava flow into the ocean 
associated with the lava flow at the Kamokuna lava delta. The safety 
zone is needed to protect persons and vessels from potential hazards 
associated with molten lava entering the ocean resulting in explosions 
of large chunks of hot rock and debris upon impact, hot lava arching 
out and falling into the ocean, and the release of toxic gases. No 
persons or vessels will be permitted to enter the safety zone without 
express authorization from the COTP Honolulu 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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    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 will only 
impacts a small designated area on the southeast side of the Island of 
Hawaii, HI. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the safety zone and the 
rule allows vessels to seek permission to enter the safety 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 for reasons stated in section V. A. above.
    Some owners or operators of vessels, which may be small entities, 
conduct tours in the vicinity of the safety zone where lava flow enters 
the ocean. Some of these owners or operators reportedly navigate closer 
than 300 meters from the lava entry into the ocean. This rule may 
affect their operations. The safety zone does not prohibit ocean tours; 
however the safety zone simply requires operators and vessel owners to 
navigate at a safe distance. It also allows vessels to seek permission 
of the COTP Honolulu to get closer.
    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.

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

[[Page 16111]]

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 significant effect on the human environment. This 
rule involves a temporary safety zone lasting 6 months that will 
prohibit persons and vessels from entry into the 300 meters (984 feet) 
safety zone extending in all directions around the entry of lava flow 
into the Pacific Ocean. This safety zone is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a 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 rule.

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, 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.T14-0172 to read as follows:


Sec.  165.T14-0172  Safety Zone; Pacific Ocean, Kilauea Lava Flow Ocean 
Entry on Southeast Side of Island of Hawaii, HI.

    (a) Location. The safety zone area is located within the COTP Zone 
(See 33 CFR 3.70-10) and encompasses one primary area from the surface 
of the water to the ocean floor at the Kilauea active lava flow entry 
into the Pacific Ocean on the southeast side of the Island of Hawaii, 
HI. The entry point of the lava does change based on flow, however the 
safety zone will encompass all waters extending 300 meters (984 feet) 
in all directions around the entry point of lava flow into the ocean 
associated with the lava flow at the Kamokuna lava delta.
    (b) Effective period. This rule is effective from 8 a.m. (HST) on 
March 07, 2017, through 8 a.m. (HST) on September 22, 2017.
    (c) Regulations. The general regulations governing safety zones 
contained in Sec.  165.23 apply to the safety zone created by this 
temporary final rule.
    (1) All persons and vessels are required to comply with the general 
regulations governing safety zones found in this part.
    (2) Entry into or remaining in this safety zone is prohibited 
unless authorized by the COTP Honolulu or his designated 
representative.
    (3) Persons or vessels desiring to transit the safety zone 
identified in paragraph (a) of this section may contact the COTP of 
Honolulu through his designated representatives at the Command Center 
via telephone: (808) 842-2600 and (808) 842-2601; fax: (808) 842-2642; 
or on VHF channel 16 (156.8 Mhz) to request permission to transit the 
safety zone. If permission is granted, all persons and vessels must 
comply with the instructions of the COTP Honolulu or his designated 
representative and proceed at the minimum speed necessary to maintain a 
safe course while in the safety 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 Honolulu will provide notice of 
enforcement of the safety zone described in this section by verbal 
radio broadcasts and written notice to mariners.
    (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: March 28, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-06473 Filed 3-31-17; 8:45 am]
BILLING CODE 9110-04-P

16110 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations

The COTP Honolulu finds this alternatives and, if regulation is listed in the FOR FURTHER INFORMATION
temporary safety zone must be effective necessary, to select regulatory CONTACT section.
immediately to ensure the safety of the approaches that maximize net benefits. Small businesses may send comments
public during Kilauea’s active lava flow Executive Order 13563 emphasizes the on the actions of Federal employees
entry into the Pacific Ocean on the importance of quantifying both costs who enforce, or otherwise determine
southeast side of the Island of Hawaii, and benefits, of reducing costs, of compliance with, Federal regulations to
HI. harmonizing rules, and of promoting the Small Business and Agriculture
The Coast Guard is publishing an flexibility. This rule has not been Regulatory Enforcement Ombudsman
NPRM elsewhere in this issue of the designated a ‘‘significant regulatory and the Regional Small Business
Federal Register that proposes to action,’’ under Executive Order 12866. Regulatory Fairness Boards. The
establish a permanent safety zone for Accordingly, it has not been reviewed Ombudsman evaluates these actions
the navigable waters surrounding the by the Office of Management and annually and rates each agency’s
entry of lava from Kilauea volcano into Budget. responsiveness to small business. If you
the Pacific Ocean on the southeast side This regulatory action determination wish to comment on actions by
of the Island of Hawaii, HI. is based on the size, location, duration, employees of the Coast Guard, call 1–
and time-of-day of the safety zone. 888–REG–FAIR (1–888–734–3247). The
III. Legal Authority and Need for Rule
Vessel traffic will be able to safely Coast Guard will not retaliate against
The Coast Guard is issuing this rule transit around this safety zone which small entities that question or complain
under authority in 33 U.S.C. 1231. The will only impacts a small designated about this rule or any policy or action
COTP Honolulu has determined that area on the southeast side of the Island of the Coast Guard.
potential hazards associated with of Hawaii, HI. Moreover, the Coast
Kilauea’s active lava flow entry into the C. Collection of Information
Guard will issue Broadcast Notice to
Pacific Ocean on the southeast side of Mariners via VHF–FM marine channel This rule will not call for a new
the Island of Hawaii, HI is safety 16 about the safety zone and the rule collection of information under the
concern for anyone within 300 meters allows vessels to seek permission to Paperwork Reduction Act of 1995 (44
(984 feet) in all directions around the enter the safety zone. U.S.C. 3501–3520).
entry of lava flow. The purpose of this D. Federalism and Indian Tribal
rule is to ensure safety of public, B. Impact on Small Entities
Governments
vessels, and the navigable waters The Regulatory Flexibility Act of
covered by the safety zone. A rule has implications for federalism
1980, 5 U.S.C. 601–612, as amended, under Executive Order 13132,
IV. Discussion of Comments, Changes, requires Federal agencies to consider Federalism, if it has a substantial direct
and the Rule the potential impact of regulations on effect on the States, on the relationship
small entities during rulemaking. The between the national government and
This temporary final rule establishes
term ‘‘small entities’’ comprises small the States, or on the distribution of
a safety zone from 8 a.m. (HST) on
businesses, not-for-profit organizations power and responsibilities among the
March 28, 2017, through 8 a.m. (HST)
that are independently owned and various levels of government. We have
on September 28, 2017. The entry point
operated and are not dominant in their analyzed this rule under that Order and
of the lava does change based on flow,
fields, and governmental jurisdictions have determined that it is consistent
however the safety zone will encompass
with populations of less than 50,000. with the fundamental federalism
all waters extending 300 meters (984
The Coast Guard certifies under 5 U.S.C. principles and preemption requirements
feet) in all directions around the entry
605(b) that this rule will not have a described in Executive Order 13132.
point of lava flow into the ocean
significant economic impact on a Also, this rule does not have tribal
associated with the lava flow at the
substantial number of small entities for implications under Executive Order
Kamokuna lava delta. The safety zone is
reasons stated in section V. A. above. 13175, Consultation and Coordination
needed to protect persons and vessels
from potential hazards associated with Some owners or operators of vessels, with Indian Tribal Governments,
molten lava entering the ocean resulting which may be small entities, conduct because it does not have a substantial
in explosions of large chunks of hot rock tours in the vicinity of the safety zone direct effect on one or more Indian
and debris upon impact, hot lava where lava flow enters the ocean. Some tribes, on the relationship between the
arching out and falling into the ocean, of these owners or operators reportedly Federal Government and Indian tribes,
and the release of toxic gases. No navigate closer than 300 meters from the or on the distribution of power and
persons or vessels will be permitted to lava entry into the ocean. This rule may responsibilities between the Federal
enter the safety zone without express affect their operations. The safety zone Government and Indian tribes. If you
authorization from the COTP Honolulu does not prohibit ocean tours; however believe this rule has implications for
or his designated representative. the safety zone simply requires federalism or Indian tribes, please
operators and vessel owners to navigate contact the person listed in the FOR
V. Regulatory Analyses at a safe distance. It also allows vessels FURTHER INFORMATION CONTACT section.
We developed this rule after to seek permission of the COTP
Honolulu to get closer. E. Unfunded Mandates Reform Act
considering numerous statutes and
Executive orders related to rulemaking. Under section 213(a) of the Small The Unfunded Mandates Reform Act
Below we summarize our analyses Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires
based on a number of these statutes and Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of
mstockstill on DSK3G9T082PROD with RULES

Executive orders, and we discuss First we want to assist small entities in their discretionary regulatory actions. In
Amendment rights of protestors. understanding this rule. If the rule particular, the Act addresses actions
would affect your small business, that may result in the expenditure by a
A. Regulatory Planning and Review organization, or governmental State, local, or tribal government, in the
Executive Orders 12866 and 13563 jurisdiction and you have questions aggregate, or by the private sector of
direct agencies to assess the costs and concerning its provisions or options for $100,000,000 (adjusted for inflation) or
benefits of available regulatory compliance, please contact the person more in any one year. Though this rule

VerDate Sep<11>2014 16:02 Mar 31, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\03APR1.SGM 03APR1

Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations 16111

will not result in such an expenditure, § 165.T14–0172 Safety Zone; Pacific Dated: March 28, 2017.
we do discuss the effects of this rule Ocean, Kilauea Lava Flow Ocean Entry on M.C. Long,
elsewhere in this preamble. Southeast Side of Island of Hawaii, HI. Captain, U.S. Coast Guard, Captain of the
(a) Location. The safety zone area is Port Honolulu.
F. Environment located within the COTP Zone (See 33 [FR Doc. 2017–06473 Filed 3–31–17; 8:45 am]
We have analyzed this rule under CFR 3.70–10) and encompasses one BILLING CODE 9110–04–P
Department of Homeland Security primary area from the surface of the
Management Directive 023–01 and water to the ocean floor at the Kilauea
Commandant Instruction M16475.lD, active lava flow entry into the Pacific DEPARTMENT OF HOMELAND
which guide the Coast Guard in Ocean on the southeast side of the SECURITY
complying with the National Island of Hawaii, HI. The entry point of
Environmental Policy Act of 1969(42 the lava does change based on flow, Coast Guard
U.S.C. 4321–4370f), and have however the safety zone will encompass
determined that this action is one of a all waters extending 300 meters (984 33 CFR Part 165
category of actions that do not feet) in all directions around the entry [Docket No. USCG–2017–0222]
individually or cumulatively have a point of lava flow into the ocean
associated with the lava flow at the RIN 1625–AA00
significant effect on the human
environment. This rule involves a Kamokuna lava delta. Safety Zone; Annual Events Requiring
temporary safety zone lasting 6 months (b) Effective period. This rule is Safety Zones in the Captain of the Port
that will prohibit persons and vessels effective from 8 a.m. (HST) on March Lake Michigan Zone—Lubbers Cup
from entry into the 300 meters (984 feet) 07, 2017, through 8 a.m. (HST) on Regatta
safety zone extending in all directions September 22, 2017.
around the entry of lava flow into the (c) Regulations. The general AGENCY: Coast Guard, DHS.
Pacific Ocean. This safety zone is regulations governing safety zones ACTION: Notice of enforcement of
categorically excluded from further contained in § 165.23 apply to the safety regulation.
review under paragraph 34(g) of Figure zone created by this temporary final
rule. SUMMARY: The Coast Guard will enforce
2–1 of the Commandant Instruction. An
(1) All persons and vessels are the safety zone on the Spring Lake in
environmental analysis checklist
required to comply with the general Spring Lake, MI in the vicinity of
supporting this determination and a
regulations governing safety zones Keenan Marina within a rectangle that
Categorical Exclusion Determination are
found in this part. is approximately 6,300 by 300 feet for
available in the docket where indicated
(2) Entry into or remaining in this the Lubbers Cup Regatta on April 8,
under ADDRESSES. We seek any
safety zone is prohibited unless 2017 and April 9, 2017. This action is
comments or information that may lead
authorized by the COTP Honolulu or his necessary and intended to ensure safety
to the discovery of a significant
designated representative. of life on navigable waters immediately
environmental impact from this rule.
prior to, during, and after the Regatta.
(3) Persons or vessels desiring to
G. Protest Activities During the aforementioned period, the
transit the safety zone identified in
Coast Guard will enforce restrictions
The Coast Guard respects the First paragraph (a) of this section may contact
upon, and control movement of, vessels
Amendment rights of protesters. the COTP of Honolulu through his
in the safety zone. No person or vessel
Protesters are asked to contact the designated representatives at the
may enter the safety zone while it is
person listed in the FOR FURTHER Command Center via telephone: (808)
being enforced without permission of
INFORMATION CONTACT section to 842–2600 and (808) 842–2601; fax: (808)
the Captain of the Port Lake Michigan
coordinate protest activities so that your 842–2642; or on VHF channel 16 (156.8
or a designated representative.
message can be received without Mhz) to request permission to transit the
safety zone. If permission is granted, all DATES: The regulations in 33 CFR
jeopardizing the safety or security of
persons and vessels must comply with 165.929 will be enforced for safety zone
people, places or vessels.
the instructions of the COTP Honolulu (b)(2), Table 165.929, from 7:45 a.m.
List of Subjects in 33 CFR Part 165 or his designated representative and until 7:15 p.m. on April 8, 2017 and
proceed at the minimum speed 7:45 a.m. until 12:15 p.m. on April 9,
Harbors, Marine safety, Navigation 2017.
(water), Reporting and recordkeeping necessary to maintain a safe course
requirements, Security measures, while in the safety zone. FOR FURTHER INFORMATION CONTACT: If
Waterways. (4) The U.S. Coast Guard may be you have questions on this document,
assisted in the patrol and enforcement call or email marine event coordinator,
For the reasons discussed in the of the safety zone by Federal, State, and Prevention Department, Coast Guard
preamble, the Coast Guard amends 33 local agencies. Sector Lake Michigan, Milwaukee, WI at
CFR part 165 as follows: (d) Notice of enforcement. The COTP (414) 747–7148, email D09-SMB-
Honolulu will provide notice of SECLakeMichigan-WWM@uscg.mil.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS enforcement of the safety zone SUPPLEMENTARY INFORMATION: The Coast
described in this section by verbal radio Guard will enforce the Lubbers Cup
■ 1. The authority citation for part 165 broadcasts and written notice to Regatta safety zone listed as item (b)(2)
continues to read as follows: mariners. in Table 165.929 of 33 CFR 165.929.
mstockstill on DSK3G9T082PROD with RULES

(e) Definitions. As used in this Section 165.929 lists many annual
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; section, ‘‘designated representative’’ events requiring safety zones in the
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
means any Coast Guard commissioned, Captain of the Port Lake Michigan zone.
Department of Homeland Security Delegation
No. 0170.1. warrant, or petty officer who has been This safety zone will encompass all
authorized by the COTP to assist in waters of Spring Lake in Spring Lake,
■ 2. Add § 165.T14–0172 to read as enforcing the safety zone described in Michigan in the vicinity of Keenan
follows: paragraph (a) of this section. Marina within a rectangle that is

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Document Created: 2017-04-01 09:36:12
Document Modified: 2017-04-01 09:36:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective without actual notice from April 3, 2017, through 8 a.m. (HST) on September 28, 2017. For purposes of enforcement, actual notice will be used from 8 a.m. (HST) on March 28, 2017, through April 3, 2017.
Contact		If you have questions on this temporary rule, call or email Lieutenant Commander Nicolas Jarboe, Waterways Management Division, U.S. Coast Guard; telephone 808-541- 4359, email [email protected]
FR Citation		82 FR 16109
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 16109 - Safety Zone; Pacific Ocean, Kilauea Lava Flow Ocean Entry on Southeast Side of Island of Hawaii, HI

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 62 (April 3, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard