82 FR 45461 - 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 188 (September 29, 2017)
Coast Guard
Federal Register Volume 82, Issue 188 (September 29, 2017)
| Page Range | 45461-45464 | |
| FR Document | 2017-20902 |
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)] [Rules and Regulations] [Pages 45461-45464] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20902] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is extending, for an additional six months, the existing temporary safety zone surrounding the entry of lava from the Kilauea volcano into the navigable waters of the Pacific Ocean on the southeast side of the Island of Hawaii, HI. The extension of this safety zone is necessary to protect persons and vessels from hazards associated with molten lava entering the ocean while the proposed rule is reviewed. DATES: This rule is effective from September 28, 2017 through March 28, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, type 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 rule, call or email Lieutenant Commander John Bannon, Waterways Management Division, Coast Guard; telephone: 808-541-4359, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations BLS Bureau of Labor Statistics COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section symbol OMB Office of Management and Budget RFA Regulatory Flexibility Act SNPRM Supplemental notice of proposed rulemaking TFR Temporary final rule U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is extending, for an additional six months, an existing temporary safety zone for the navigable waters surrounding the entry of lava from the Kilauea Volcano into the Pacific Ocean on the southeast side of the Island of Hawaii, HI. Extending this safety zone ensures mariners remain safe from the potential hazards associated with molten lava entering the ocean while the proposed rule is being reviewed. This safety zone will continue to encompass all waters within 300 meters (984 feet) of all entry points of lava flow into the ocean. Because the entry points of the lava vary, the safety zone location will also vary. Entry of persons or vessels into this safety zone remains prohibited, unless specifically authorized by the Captain of the Port (COTP) Honolulu, or his designated representative. Lava flow that enters the ocean can be potentially hazardous to anyone near it, particularly when lava deltas collapse. A lava delta is new land that forms when lava accumulates above sea level, and extends from the existing base of a sea cliff. Persons near active lava flow entry sites incur potential hazards, particularly when lava deltas collapse. These hazards include, but are not limited to, plumes of hot, corrosive seawater laden with hydrochloric acid, and fine volcanic particles that can irritate the skin, eyes, and lungs; explosions of debris and eruptions of scalding water from hot rock entering the ocean; sudden lava delta collapses; and waves associated with these explosions and collapses. Lava has been entering the ocean at the Kamokuna lava delta on Kilauea Volcano's south coast since July 2016. On December 31, 2016, a large portion of lava delta collapsed into the ocean at the Kamokuna entry point. Following this collapse, portions of the adjacent sea cliff fell into the ocean, producing localized waves, and showers of debris. As of March 2017, a new delta has begun to form at the Kamokuna ocean entry point. This lava delta continues to grow and collapse, and cracks parallel to the sea cliff surrounding it persist, indicating further collapses may occur with little or no warning. On March 28, 2017, the Coast Guard established a temporary final rule (TFR) and put into place a safety zone for mariners near lava entry points to address the hazards of the lava entering the ocean. The TFR discussed Sector Honolulu's review of nearly 30 years of delta collapse and ejecta distance observations from the Hawaii Volcano Observatory records. The TFR was published in the April 3, 2017 Federal Register (82 FR 16109). On April 3, 2017, the Coast Guard also published a notice of proposed rulemaking (NPRM) to establish a permanent safety zone that would encompass all waters extending 300 meters (984 feet) in every direction around all entry points of lava flow into the navigable waters surrounding the entry of lava from the Kilauea Volcano into the Pacific Ocean on the southeast side of the Island of Hawaii, HI (82 FR 16142). We determined that a radius of 300 meters was a reasonable, minimum high-hazard zone around a point of active lava flow entering the ocean. The safety zone allows the Coast Guard to impose and enforce restrictions on vessels operating closely to the lava entry area, which protects persons and vessels from the potential hazards associated with molten lava entering the ocean. The NPRM addressed this concern and invited the public to comment on the safety zone. The comment period, which ended on June 2, 2017, received 67 comments. On May 8, 2017, at a public meeting held in Hilo, HI, meeting participants discussed the proposed rule and NPRM's public comments. During the period of the TFR, four tour operators and one photographer with economic ties to lava tourism petitioned the COTP Honolulu for entry within 300 meters of the high-hazard zone. They also requested and petitioned for various levels of entry distances--ranging from a close, safe distance to 50 meters--based on sea conditions resulting from the lava entry. The COTP Honolulu granted express authorization for entry within 300 meters to the five operators. The authorization included operational restrictions and other vessel safety criteria requirements considered by the [[Page 45462]] COTP Honolulu and will continue under the extended period of this TFR. In order to review the overall impact of the final rule, a supplemental notice of proposed rulemaking (SNPRM) will be published, providing an additional 60 days for public comments and input. This TFR is necessary to promote navigational safety, provide for the safety of life and property, and facilitate the reasonable demands of commerce relating to tourism surrounding the lava entry points. It also provides an opportunity for further comment from the public. Upon publication of the SNPRM, we will invite additional public comments on this rulemaking. Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Although we expect to review the SNPRM within 30 days of publication of this TFR, it would be impractical to delay the effective date of this rule. Immediate action is necessary to protect persons, vessels, and the public from the potential safety hazards associated with the ocean lava entry. 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 a safety concern for anyone within 300 meters (984 feet) in every direction around the entry of lava flow. The purpose of this rule is to ensure the safety of the public and vessels traveling in the navigable waters covered by the safety zone. IV. Discussion of Comments, Changes, and the Rule This TFR extends the existing safety zone from September 28, 2017 through March 28, 2018, or until it is no longer necessary. If the safety zone terminates prior to March 28, 2018, the Coast Guard will provide notice via established notice to mariners. In order to review the overall impact of the rule, the Coast Guard will publish an SNPRM providing an additional 60 days for comments on the proposed final rule. This TFR is necessary to promote navigational safety, provide for the safety of life and property, and facilitate the reasonable demands of commerce relating to tourism surrounding the lava entry points. 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 (``Regulatory Planning and Review'') and 13563 (``Improving Regulation and Regulatory Review'') direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select those 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. Executive Order 13771 (``Reducing Regulation and Controlling Regulatory Costs''), directs agencies to reduce regulation and control regulatory costs and provides that ``for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.'' Under Executive Order 12866, this rule has not been designated a ``significant regulatory action. Accordingly, the Office of Management and Budget (OMB) has not reviewed it. As this rule is a non-significant regulatory action, it is exempt from the requirements of Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled `Reducing Regulation and Controlling Regulatory Costs' '' (February 2, 2017). A regulatory analysis follows. This TFR extends, for an additional six months, the existing safety zone for the navigable waters surrounding the entry of lava from Kilauea volcano into the Pacific Ocean. The safety zone will remain to include waters within 300 meters (984 feet) of where lava enters the ocean. Entry of persons or vessels into the safety zone may only occur if granted permission by the COTP Honolulu, or his designated representative. Lava has been entering the ocean at Kamokuna on Kilauea Volcano's south coast since July of 2016 and will continue to do so in the future. When lava enters the ocean, new hazards emerge: Plumes of corrosive seawater can irritate the skin, eyes, and lungs; explosions of debris and scalding water can injure passengers; sudden collapse of lava deltas can cause large waves potentially capsizing vessels. This TFR establishes a minimum safe operating distance in order to protect individuals and operators from the hazards of the Kilauea lava flow at sea. This rule affects any vessel that would normally travel within 300 meters of points where lava reaches the ocean. Currently, four lava tour-boat operators have state licenses to operate from the Pohoiki Boat Ramp, the closest location to pick up passengers for tours of the Kilauea lava flow. The Coast Guard is also aware of one photographer who photographs the Kilauea lava flow. Since the implementation of the temporary safety zone, the COTP granted prior approval to these parties to enter the safety zone, so long as they comply with the conditions set by the COTP. These entities are required to notify the COTP by phone before each tour when entering the 300-meter safety zone. When the Coast Guard published the original TFR on April 3, 2017, owners and operators were required to prepare and submit a written request to the COTP to enter the safety zone. The TFR is a continuation of the requirements extending the safety zone for an additional six months, and therefore, we are presenting the costs associated with this TFR. First, the captain of a lava tour boat will initiate the request to enter the safety zone through an initial written request to the COTP. Based on waiver requests from the four state-licensed operations, the Coast Guard estimates it takes about 4-hours for an owner or operator to submit a written request to enter the safety zone. This includes the time it would take lava tour-boat owners or operators to respond to questions from the COTP concerning the waiver request. Lava tour-boat owners or operators are only required to make this written waiver request once for consideration by the COTP. We obtained the mean hourly wage rate for a Captain of a lava tour boat from the Bureau of Labor Statistics (BLS) Occupational Employment Statistics National Occupational Employment and Wage Estimates for May 2016. Based on BLS's data, the mean hourly wage rate for Captains, Mates, and Pilots of Water Vessels with the North American Industry Classification System (NAICS) occupational code of 53-5021 in the ``Scenic and Sightseeing Transportation, Water'' industry is $24.42. Because this is an unloaded hourly wage rate, we added a load factor of 1.52 derived from the BLS March 2017 ``Employer Cost for Compensation'' databases to obtain a loaded hourly wage rate of $37.12. We estimate the one-time initial cost for an owner or operator to prepare a written request and respond to comments from [[Page 45463]] the Coast Guard to be about $148.47 ($37.12 per hour x 4 hours). We estimate the total cost of the temporary final rule to be about $593.88 ($148.47 x 4 lava tour-boat owners or operators). Since all four tour operators and the photographer were each granted permission to enter the safety zone through an initial waiver request, the only potential cost to these tour operators is the cost of the initial request. Each owner or operator also will be required to notify the COTP before entering the safety zone. These entities shall notify the Coast Guard by phone; however, we do not estimate a cost for the call because the equipment already exists onboard the vessel and operators will make their calls in the normal course of a Captain's duty. The Federal Government also will incur costs of this temporary final rule. Government costs to implement the rule include the one-time cost of reviewing the waiver requests (we do not estimate a cost for the time to receive a call from an owner or operator to when entering a safety zone because the COTP conducts this review in the normal course of the COTP duties). To process the written request, we estimate one non-commissioned officer with a rank of E-7, and three officers with ranks of O-4, O-5, and O-6 will take about one hour each to review the written request. Based on the labor rates in table 1, we estimate the total cost to the Government of the temporary final rule to be about $378.00. Table 1 below summarizes these Government costs.\1\ --------------------------------------------------------------------------- \1\ We obtained the hourly wage rates from Enclosure (2) of Commandant Instruction 7310.1R (29 March 2017) using the ``In Government Rate''. Table 1--Total Government Costs of the Temporary Final Rule ------------------------------------------------------------------------ Labor Total Rank Wage rate hours cost ------------------------------------------------------------------------ E-7.................................... $65 1 $65 O-4.................................... 92 1 92 O-5.................................... 104 1 104 O-6.................................... 117 1 117 -------------------------------- Total.............................. ......... 4 378 ------------------------------------------------------------------------ We estimate the total cost of this temporary final rule to industry and the Government to be about $972 ($593.88 for lava tour-boat owners or operators + $378 for the Government). B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 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. Rules that are exempt from the Administrative Procedures Act include interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or when the agency for good cause finds that notice and comment are impracticable, unnecessary, or contrary to the public interest. When an agency is not required to publish an NPRM for a rule, the RFA does not require an agency to prepare a regulatory flexibility analysis. The Coast Guard was not required to publish an NPRM for this rule for the reasons stated in section II. ``Background Information and Regulatory History'' and therefore is not required to publish a regulatory flexibility analysis. 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 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. A Record of Environmental Consideration supporting this determination is 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. [[Page 45464]] 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: Title 33--Navigation and Navigable Waters 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 Captain of the Port (COTP) Zone (see 33 CFR 3.70-10) and it 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) Enforcement period. This rule is effective from September 28, 2017, through March 28, 2018. (c) Definitions. As used in this section, ``designated representative'' means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer or other officer on a Coast Guard vessel or a Federal, State, or local officer designated by or assisting the COTP in the enforcement of the safety zones. (d) 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 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. All safety zone transit requests must be in writing. 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. Dated: September 25, 2017. M.C. Long, Captain, U.S. Coast Guard, Captain of the Port Honolulu. [FR Doc. 2017-20902 Filed 9-28-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45461
request in the appropriate format in email Lieutenant Commander John this collapse, portions of the adjacent
accordance with established procedures. Bannon, Waterways Management sea cliff fell into the ocean, producing
(vi) In accordance with the provisions Division, Coast Guard; telephone: 808– localized waves, and showers of debris.
of § 199.17(o)(2), coverage terminates for 541–4359, email: John.E.Bannon@ As of March 2017, a new delta has
young adult dependents who fail to uscg.mil. begun to form at the Kamokuna ocean
make premium payments in accordance SUPPLEMENTARY INFORMATION: entry point. This lava delta continues to
with established procedures. grow and collapse, and cracks parallel
(vii) Absent a new qualifying event, I. Table of Abbreviations to the sea cliff surrounding it persist,
young adults are not eligible to re-enroll BLS Bureau of Labor Statistics indicating further collapses may occur
in TYA until the next annual open COTP Captain of the Port with little or no warning.
season. DHS Department of Homeland Security On March 28, 2017, the Coast Guard
* * * * * FR Federal Register established a temporary final rule (TFR)
(f) Administration. The Director may NPRM Notice of proposed rulemaking
and put into place a safety zone for
establish other processes, policies and § Section symbol
OMB Office of Management and Budget mariners near lava entry points to
procedures for the effective address the hazards of the lava entering
RFA Regulatory Flexibility Act
administration of the TYA Program and SNPRM Supplemental notice of proposed the ocean. The TFR discussed Sector
may authorize exceptions to rulemaking Honolulu’s review of nearly 30 years of
requirements of this section, if TFR Temporary final rule delta collapse and ejecta distance
permitted. U.S.C. United States Code observations from the Hawaii Volcano
Dated: September 20, 2017. II. Background Information and Observatory records. The TFR was
Aaron Siegel, Regulatory History published in the April 3, 2017 Federal
Alternate OSD Federal Register Liaison Register (82 FR 16109).
The Coast Guard is extending, for an
Officer, Department of Defense. On April 3, 2017, the Coast Guard
additional six months, an existing
[FR Doc. 2017–20392 Filed 9–28–17; 8:45 am] also published a notice of proposed
temporary safety zone for the navigable
BILLING CODE 5001–06–P waters surrounding the entry of lava rulemaking (NPRM) to establish a
from the Kilauea Volcano into the permanent safety zone that would
Pacific Ocean on the southeast side of encompass all waters extending 300
DEPARTMENT OF HOMELAND the Island of Hawaii, HI. Extending this meters (984 feet) in every direction
SECURITY safety zone ensures mariners remain around all entry points of lava flow into
safe from the potential hazards the navigable waters surrounding the
Coast Guard associated with molten lava entering the entry of lava from the Kilauea Volcano
ocean while the proposed rule is being into the Pacific Ocean on the southeast
33 CFR Part 165 reviewed. This safety zone will continue side of the Island of Hawaii, HI (82 FR
[Docket Number USCG–2017–0172] to encompass all waters within 300 16142). We determined that a radius of
meters (984 feet) of all entry points of 300 meters was a reasonable, minimum
RIN 1625–AA00 high-hazard zone around a point of
lava flow into the ocean. Because the
entry points of the lava vary, the safety active lava flow entering the ocean. The
Safety Zone; Pacific Ocean, Kilauea safety zone allows the Coast Guard to
Lava Flow Ocean Entry on Southeast zone location will also vary. Entry of
persons or vessels into this safety zone impose and enforce restrictions on
Side of Island of Hawaii, HI vessels operating closely to the lava
remains prohibited, unless specifically
AGENCY: Coast Guard, DHS. authorized by the Captain of the Port entry area, which protects persons and
ACTION: Temporary final rule. (COTP) Honolulu, or his designated vessels from the potential hazards
representative. associated with molten lava entering the
SUMMARY: The Coast Guard is extending, Lava flow that enters the ocean can be ocean. The NPRM addressed this
for an additional six months, the potentially hazardous to anyone near it, concern and invited the public to
existing temporary safety zone particularly when lava deltas collapse. comment on the safety zone. The
surrounding the entry of lava from the A lava delta is new land that forms comment period, which ended on June
Kilauea volcano into the navigable when lava accumulates above sea level, 2, 2017, received 67 comments. On May
waters of the Pacific Ocean on the and extends from the existing base of a 8, 2017, at a public meeting held in
southeast side of the Island of Hawaii, sea cliff. Persons near active lava flow Hilo, HI, meeting participants discussed
HI. The extension of this safety zone is entry sites incur potential hazards, the proposed rule and NPRM’s public
necessary to protect persons and vessels particularly when lava deltas collapse. comments.
from hazards associated with molten These hazards include, but are not During the period of the TFR, four
lava entering the ocean while the limited to, plumes of hot, corrosive tour operators and one photographer
proposed rule is reviewed. seawater laden with hydrochloric acid, with economic ties to lava tourism
DATES: This rule is effective from and fine volcanic particles that can petitioned the COTP Honolulu for entry
September 28, 2017 through March 28, irritate the skin, eyes, and lungs; within 300 meters of the high-hazard
2018. explosions of debris and eruptions of zone. They also requested and
ADDRESSES: To view documents scalding water from hot rock entering petitioned for various levels of entry
mentioned in this preamble as being the ocean; sudden lava delta collapses; distances—ranging from a close, safe
asabaliauskas on DSKBBXCHB2PROD with RULES
available in the docket, go to https:// and waves associated with these distance to 50 meters—based on sea
www.regulations.gov, type USCG–2017– explosions and collapses. conditions resulting from the lava entry.
0172 in the ‘‘SEARCH’’ box and click Lava has been entering the ocean at The COTP Honolulu granted express
‘‘SEARCH.’’ Click on Open Docket the Kamokuna lava delta on Kilauea authorization for entry within 300
Folder on the line associated with this Volcano’s south coast since July 2016. meters to the five operators. The
rule. On December 31, 2016, a large portion authorization included operational
FOR FURTHER INFORMATION CONTACT: If of lava delta collapsed into the ocean at restrictions and other vessel safety
you have questions on this rule, call or the Kamokuna entry point. Following criteria requirements considered by the
VerDate Sep<11>2014 16:55 Sep 28, 2017 Jkt 241001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1](https://thefederalregister.org/doc/82_FR_45649/page/1.svg)
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G. Protest Activities zone created by this temporary final participants or official patrol vessels,
rule. unless specifically authorized by the
The Coast Guard respects the First (1) All persons and vessels are Captain of the Port Marine Safety Unit
Amendment rights of protesters. required to comply with the general Pittsburgh (COTP) or a designated
Protesters are asked to contact the regulations governing safety zones representative.
person listed in the FOR FURTHER found in this part.
INFORMATION CONTACT section to DATES: The regulations in 33 CFR
(2) Entry into or remaining in this
coordinate protest activities so that your 165.801 Table 1, Sector Ohio Valley, No.
safety zone is prohibited unless
message can be received without 37 will be enforced on November 17,
authorized by the COTP Honolulu or his
jeopardizing the safety or security of 2017.
designated representative.
people, places, or vessels. (3) Persons or vessels desiring to FOR FURTHER INFORMATION CONTACT: If
List of Subjects in 33 CFR Part 165 transit the safety zone identified in you have questions about this notice of
paragraph (a) of this section may contact enforcement, call or email MST1
Harbors, Marine safety, Navigation the COTP Honolulu through his Jennifer Haggins, Marine Safety Unit
(water), Reporting and recordkeeping designated representatives at the Pittsburgh, U.S. Coast Guard; telephone
requirements, Security measures, Command Center via telephone: 808– 412–221–0807, email
Waterways. 842–2600 and 808–842–2601; fax: 808– Jennifer.L.Haggins@uscg.mil.
For the reasons discussed in the 842–2642; or on VHF channel 16 (156.8 SUPPLEMENTARY INFORMATION: The Coast
preamble, the Coast Guard amends 33 Mhz) to request permission to transit the Guard will enforce the Safety Zone for
CFR part 165 as follows: safety zone. All safety zone transit the Pittsburgh Downtown Partnership/
requests must be in writing. If Light Up Night Fireworks on the
Title 33—Navigation and Navigable
permission is granted, all persons and Allegheny River, listed in 33 CFR
Waters
vessels must comply with the 165.801 Table 1, Sector Ohio Valley, No.
PART 165—REGULATED NAVIGATION instructions of the COTP Honolulu or 37 on November 17, 2017. Entry into the
AREAS AND LIMITED ACCESS AREAS his designated representative and safety zone is prohibited unless
proceed at the minimum speed authorized by the COTP or a designated
■ 1. The authority citation for part 165 necessary to maintain a safe course representative. Persons or vessels
continues to read as follows: while in the safety zone. desiring to enter into or passage through
(4) The U.S. Coast Guard may be the safety zone must request permission
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
assisted in the patrol and enforcement from the COTP or a designated
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation of the safety zone by Federal, State, and representative. If permission is granted,
No. 0170.1. local agencies. all persons and vessels shall comply
Dated: September 25, 2017. with the instructions of the COTP or
■ 2. Add § 165.T14–0172 to read as designated representative.
follows: M.C. Long,
Captain, U.S. Coast Guard, Captain of the
This notice of enforcement is issued
§ 165.T14–0172 Safety Zone; Pacific Port Honolulu. under authority of 33 CFR 165.801 and
Ocean, Kilauea Lava Flow Ocean Entry on [FR Doc. 2017–20902 Filed 9–28–17; 8:45 am]
5 U.S.C. 552(a). In addition to this
Southeast Side of Island of Hawaii, HI. notice in the Federal Register, the Coast
BILLING CODE 9110–04–P
(a) Location. The safety zone area is Guard will provide the maritime
located within the Captain of the Port community with advance notification of
(COTP) Zone (see 33 CFR 3.70–10) and DEPARTMENT OF HOMELAND this enforcement period via Local
it encompasses one primary area from SECURITY Notice to Mariners and updates via
the surface of the water to the ocean Marine Information Broadcasts.
floor at the Kilauea active lava flow Coast Guard Dated: September 14, 2017.
entry into the Pacific Ocean on the L. McClain, Jr.,
southeast side of the Island of Hawaii, 33 CFR Part 165 Commander, U.S. Coast Guard, Captain of
HI. The entry point of the lava does [Docket No. USCG–2017–0874] the Port Marine Safety Unit Pittsburgh.
change based on flow; however, the [FR Doc. 2017–20931 Filed 9–28–17; 8:45 am]
safety zone will encompass all waters Safety Zone; Allegheny River Miles BILLING CODE 9110–04–P
extending 300 meters (984 feet) in all 0.0–1.0, Pittsburgh, PA
directions around the entry point of lava AGENCY: Coast Guard, DHS.
flow into the ocean associated with the DEPARTMENT OF HOMELAND
lava flow at the Kamokuna lava delta. ACTION: Notice of enforcement of SECURITY
regulation.
(b) Enforcement period. This rule is
effective from September 28, 2017, Coast Guard
SUMMARY: The Coast Guard will enforce
through March 28, 2018. the subject safety zone for the Pittsburgh
(c) Definitions. As used in this 33 CFR Part 165
Downtown Partnership/Light Up Night
section, ‘‘designated representative’’ Fireworks on all navigable waters of the [Docket No. USCG–2017–0679]
means a Coast Guard Patrol Allegheny River miles 0.0 to 1.0,
Commander, including a Coast Guard extending the entire width of the river. Safety Zone; North Atlantic Ocean,
asabaliauskas on DSKBBXCHB2PROD with RULES
coxswain, petty officer or other officer The zone is needed to protect vessels Ocean City, NJ
on a Coast Guard vessel or a Federal, transiting the area and event spectators AGENCY: Coast Guard, DHS.
State, or local officer designated by or from the hazards associated with the ACTION: Notice of enforcement of
assisting the COTP in the enforcement barge-based fireworks display. During regulation; change of enforcement date.
of the safety zones. the enforcement period, entry into,
(d) Regulations. The general transiting, or anchoring in the safety SUMMARY: On August 7, 2017, the Coast
regulations governing safety zones zone is prohibited to all vessels not Guard provided notice in the Federal
contained in § 165.23 apply to the safety registered with the sponsor as Register that the agency would enforce
VerDate Sep<11>2014 16:55 Sep 28, 2017 Jkt 241001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1](https://thefederalregister.org/doc/82_FR_45649/page/4.svg)
Document Created: 2017-09-29 03:26:44
Document Modified: 2017-09-29 03:26:44
| 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 from September 28, 2017 through March 28, 2018. | |
| Contact | If you have questions on this rule, call or email Lieutenant Commander John Bannon, Waterways Management Division, Coast Guard; telephone: 808-541-4359, email: [email protected] | |
| FR Citation | 82 FR 45461 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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