82 FR 57354 - Safety Zone; Mamala Bay, Oahu, HI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 232 (December 5, 2017)

Page Range		57354-57356
FR Document		2017-26142

On October 10, 2017, the commercial fishing vessel PACIFIC PARADISE ran aground approximately 400 yards southwest of Kaimana Beach, in the navigable waters of Mamala Bay, Oahu, Hawaii. The Coast Guard established a temporary safety zone extending 500 yards in all directions around the grounded vessel to facilitate vessel salvage operations. To date, the vessel remains aground. Accordingly, effective December 1, 2017, the Coast Guard hereby extends the temporary safety zone for an additional thirty days to facilitate ongoing salvage and subsequent removal operations. The extension of this temporary safety zone is necessary to protect personnel, vessels and the marine environmental from potential hazards associated with ongoing operations to salvage and remove a grounded vessel in this area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Honolulu.

Federal Register, Volume 82 Issue 232 (Tuesday, December 5, 2017)

[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Rules and Regulations]
[Pages 57354-57356]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26142]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0982]
RIN 1625-AA00


Safety Zone; Mamala Bay, Oahu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: On October 10, 2017, the commercial fishing vessel PACIFIC 
PARADISE ran aground approximately 400 yards southwest of Kaimana 
Beach, in the navigable waters of Mamala Bay, Oahu, Hawaii. The Coast 
Guard established a temporary safety zone extending 500 yards in all 
directions around the grounded vessel to facilitate vessel salvage 
operations. To date, the vessel remains aground. Accordingly, effective 
December 1, 2017, the Coast Guard hereby extends the temporary safety 
zone for an additional thirty days to facilitate ongoing salvage and 
subsequent removal operations. The extension of this temporary safety 
zone is necessary to protect personnel, vessels and the marine 
environmental from potential hazards associated with ongoing operations 
to salvage and remove a grounded vessel 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 December 5, 
2017 until 8:00 a.m. on December 31, 2017. For the purposes of 
enforcement, actual notice will be used from 8:00 a.m. on December 1, 
2017 until December 5, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0982 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 
[email protected].

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
TFR Temporary final rule
U.S.C. United States Code

II. Background Information and Regulatory History

    On October 10, 2017, the commercial fishing vessel PACIFIC PARADISE 
ran aground approximately 400 yards southwest of Kaimana Beach, in the 
navigable waters of Mamala Bay, Oahu, Hawaii at position 21[deg]15.69' 
N.; 157[deg]49.49' W. On October 11, 2017, the Coast Guard established 
a seven-day temporary safety zone encompassing all waters extending 500 
yards in all directions around the grounded vessel to facilitate vessel 
salvage operations and protect personnel, vessels and the marine 
environment from the hazards associated with them. Due to the emergent 
nature of the grounding and subsequent removal operations, the 
temporary final rule (TFR) was not initially published in the Federal 
Register. On October 18, 2017, the temporary safety zone was extended 
for two additional weeks to account for delays in salvage operations 
due to ocean and weather conditions. The extension of the temporary 
safety zone was published in the Federal Register (82 FR 49111) on 
October 24, 2017. On November 1, 2017, the safety zone was extended for 
one additional month to account for delays in salvage operations due to 
ocean and weather conditions. The safety zone extension was published 
in the Federal Register (82 FR 51767) on November 8, 2017. Ongoing 
challenges with the salvage efforts and weather necessitate a third 
extension of the temporary safety zone for an additional thirty days.
    The temporary safety zone continues to encompass all waters 
extending 500 yards in all directions around the grounded fishing 
vessel located approximately 400 yards southwest of Kaimana Beach at 
position 21[deg]15.69' N.; 157[deg]49.49' W. When the vessel is off the 
reef, the stationary safety zone will shift to a moving safety zone 
extending 500 yards in all directions around the vessel and continue 
until December 31, 2017 at 8:00 a.m. or until the removal operation is 
complete, whichever is earlier.
    The Coast Guard is extending the existing temporary safety zone 
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 the 
initial estimate to salvage the vessel from the grounding was estimated 
at one week or less. Immediate action remains needed to respond to the 
safety hazards associated with this fishing vessel salvage effort for 
an estimated additional thirty days. Therefore, publishing an NPRM is 
impracticable and contrary to public interest.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. For the same reasons 
stated in the preceding paragraph, delaying the effective period of 
this temporary safety zone would be impracticable and contrary to the 
public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule pursuant to 33 U.S.C. 1231. On 
October 10, 2017, the Coast Guard was informed the commercial fishing 
vessel PACIFIC PARADISE ran aground in Mamala Bay, Oahu, Hawaii, near 
Waikiki's Kaimana Beach. The COTP Honolulu determined that potential 
hazards associated with the salvage and removal operations, including 
high winds and seas, constituted a safety concern. Accordingly, the 
COTP Honolulu established a temporary safety zone extending 500 yards 
in all directions around the grounded vessel to protect personnel, 
vessels, and the marine environment during ongoing salvage and removal 
operations.

[[Page 57355]]

IV. Discussion of the Rule

    This rule extends an existing temporary safety zone. This rule is 
effective from 8:00 a.m. on December 1, 2017 through 8:00 a.m. on 
December 31, 2017, or until salvage operations are complete, whichever 
is earlier. If the temporary safety zone is terminated prior to 8:00 
a.m. on December 1, 2017, the Coast Guard will provide notice via a 
broadcast notice to mariners.
    The temporary safety zone encompasses all waters from the surface 
of the water to the ocean floor extending 500 yards in all directions 
around the commercial fishing vessel 400 yards southwest of Kaimana 
Beach near position 21[deg]15.69' N.; 157[deg]49.49' W. The temporary 
safety zone is currently stationary around the grounded vessel. When 
the vessel is removed from the reef, it will be towed to a disposal 
site, at which time the stationary safety zone will shift to a moving 
safety zone. The zone shall continue to encompass 500 yards in all 
directions around the commercial fishing vessel PACIFIC PARADISE and 
remain in effect until December 31, 2017 at 8:00 a.m. or until the 
disposal operation is complete, whichever is earlier. When the vessel 
is off the reef and removal operations commence, the Coast Guard will 
provide notice of the moving safety zone via a broadcast notice to 
mariners. No vessel or person will be permitted to enter the safety 
zone absent the express authorization of 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 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 
and duration of the temporary safety zone. Vessel traffic will be able 
to safely transit around this temporary safety zone away from the reef 
or during the salvage tow, which would impact only a small designated 
area of the waters off Kaimana Beach and Waikiki where vessel traffic 
is normally low. Closer to shore, the waterway is used primarily for 
beach recreation activities. Offshore of the beach, waterway traffic is 
primarily tourism related operations which will not be affected by the 
tow due to the open space in the area. Moreover, vessels wishing to 
enter the zone may seek permission as set forth below.

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 
temporary 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 temporary safety zone is 
limited in size and duration, and the grounded vessel is not in an 
actively used navigable waterway. When the vessel is removed from the 
reef, it will be towed to a disposal site. The tow evolution will not 
have a significant impact on existing waterway users. Mariners may 
request to enter the zone by contacting the COTP, as described below.
    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.
    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

[[Page 57356]]

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 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 the extension of a temporary safety zone extension for 
thirty days, or until the salvage and removal operations are 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, 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.T14-0982 to read as follows:


Sec.  165.T14-0982   Safety Zone; Mamala Bay, Oahu, HI.

    (a) Location. The temporary safety zone is located within the COTP 
Honolulu Zone (See 33 CFR 3.70-10) and will encompass all navigable 
waters extending 500 yards in all directions from the commercial 
fishing vessel PACIFIC PARADISE, which is currently aground on a reef 
approximately 400 yards southwest of Kaimana Beach near position 
21[deg]15.69' N.; 157[deg]49.49' W. When the commercial fishing vessel 
PACIFIC PARADISE is removed from the reef, the temporary safety zone 
will become a moving safety zone extending 500 yards in all directions 
from the PACIFIC PARADISE to facilitate the towing and subsequent 
disposal of the vessel. The temporary safety zone will be enforced 
throughout the salvage, transit and removal operations within and 
offshore of Mamala Bay. This zone extends from the surface of the water 
to the ocean floor.
    (b) Enforcement period. This rule is effective from 8:00 a.m. on 
December 1, 2017 through 8:00 a.m. on December 31, 2017, or until 
salvage recovery operations are complete, whichever is earlier. If the 
temporary safety zone is terminated prior to 8:00 a.m. on December 31, 
2017, the Coast Guard will provide notice via a broadcast notice to 
mariners.
    (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 are required to comply with the general regulations 
governing safety zones found in this part.
    (2) Entry into, or remaining in, this zone is prohibited unless 
expressly authorized by the COTP Honolulu or his designated 
representative.
    (3) Persons desiring to transit the temporary stationary or moving 
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 Honolulu 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 temporary safety zone by Federal, State, and local 
agencies.
    (d) Notice of enforcement. The COTP will provide notice of 
enforcement of the temporary safety zone described in this section via 
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 
temporary safety zone described in paragraph (a) of this section.

    Dated: November 29, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-26142 Filed 12-4-17; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Rules and Regulations 57355

IV. Discussion of the Rule duration of the temporary safety zone. and the Regional Small Business
This rule extends an existing Vessel traffic will be able to safely Regulatory Fairness Boards. The
temporary safety zone. This rule is transit around this temporary safety Ombudsman evaluates these actions
effective from 8:00 a.m. on December 1, zone away from the reef or during the annually and rates each agency’s
2017 through 8:00 a.m. on December 31, salvage tow, which would impact only responsiveness to small business. If you
2017, or until salvage operations are a small designated area of the waters off wish to comment on actions by
complete, whichever is earlier. If the Kaimana Beach and Waikiki where employees of the Coast Guard, call 1–
temporary safety zone is terminated vessel traffic is normally low. Closer to 888–REG–FAIR (1–888–734–3247). The
prior to 8:00 a.m. on December 1, 2017, shore, the waterway is used primarily Coast Guard will not retaliate against
the Coast Guard will provide notice via for beach recreation activities. Offshore small entities that question or complain
a broadcast notice to mariners. of the beach, waterway traffic is about this rule or any policy or action
The temporary safety zone primarily tourism related operations of the Coast Guard.
encompasses all waters from the surface which will not be affected by the tow
due to the open space in the area. C. Collection of Information
of the water to the ocean floor extending
500 yards in all directions around the Moreover, vessels wishing to enter the This rule will not call for a new
commercial fishing vessel 400 yards zone may seek permission as set forth collection of information under the
southwest of Kaimana Beach near below. Paperwork Reduction Act of 1995 (44
position 21°15.69′ N.; 157°49.49′ W. The U.S.C. 3501–3520).
B. Impact on Small Entities
temporary safety zone is currently D. Federalism and Indian Tribal
stationary around the grounded vessel. The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended, Governments
When the vessel is removed from the
reef, it will be towed to a disposal site, requires Federal agencies to consider A rule has implications for federalism
at which time the stationary safety zone the potential impact of regulations on under Executive Order 13132,
will shift to a moving safety zone. The small entities during rulemaking. The Federalism, if it has a substantial direct
zone shall continue to encompass 500 term ‘‘small entities’’ comprises small effect on the States, on the relationship
yards in all directions around the businesses, not-for-profit organizations between the national government and
commercial fishing vessel PACIFIC that are independently owned and the States, or on the distribution of
PARADISE and remain in effect until operated and are not dominant in their power and responsibilities among the
December 31, 2017 at 8:00 a.m. or until fields, and governmental jurisdictions various levels of government. We have
the disposal operation is complete, with populations of less than 50,000. analyzed this rule under that Order and
whichever is earlier. When the vessel is The Coast Guard certifies under 5 U.S.C. have determined that it is consistent
off the reef and removal operations 605(b) that this rule will not have a with the fundamental federalism
commence, the Coast Guard will significant economic impact on a principles and preemption requirements
provide notice of the moving safety zone substantial number of small entities. described in Executive Order 13132.
While some owners or operators of This rule does not have tribal
via a broadcast notice to mariners. No
vessels intending to transit the implications under Executive Order
vessel or person will be permitted to
temporary safety zone may be small 13175, Consultation and Coordination
enter the safety zone absent the express
entities, for the reasons stated in section with Indian Tribal Governments,
authorization of the COTP Honolulu or
V.A above, this rule will not have a because it does not have a substantial
his designated representative.
significant economic impact on any direct effect on one or more Indian
V. Regulatory Analyses vessel owner or operator. The temporary tribes, on the relationship between the
We developed this rule after safety zone is limited in size and Federal Government and Indian tribes,
considering numerous statutes and duration, and the grounded vessel is not or on the distribution of power and
Executive orders related to rulemaking. in an actively used navigable waterway. responsibilities between the Federal
Below we summarize our analyses When the vessel is removed from the Government and Indian tribes. If you
based on a number of these statutes and reef, it will be towed to a disposal site. believe this rule has implications for
Executive orders, and we discuss First The tow evolution will not have a federalism or Indian tribes, please
Amendment rights of protestors. significant impact on existing waterway contact the person listed in the FOR
users. Mariners may request to enter the FURTHER INFORMATION CONTACT section
A. Regulatory Planning and Review zone by contacting the COTP, as above.
Executive Orders 12866 and 13563 described below.
direct agencies to assess the costs and Under section 213(a) of the Small E. Unfunded Mandates Reform Act
benefits of available regulatory Business Regulatory Enforcement The Unfunded Mandates Reform Act
alternatives and, if regulation is Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
necessary, to select regulatory we want to assist small entities in Federal agencies to assess the effects of
approaches that maximize net benefits. understanding this rule. If the rule their discretionary regulatory actions. In
Executive Order 13771 directs agencies would affect your small business, particular, the Act addresses actions
to control regulatory costs through a organization, or governmental that may result in the expenditure by a
budgeting process. This rule has not jurisdiction and you have questions State, local, or tribal government, in the
been designated a ‘‘significant concerning its provisions or options for aggregate, or by the private sector of
regulatory action,’’ under Executive compliance, please contact the person $100,000,000 (adjusted for inflation) or
Order 12866. Accordingly, this rule has listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
sradovich on DSK3GMQ082PROD with RULES

not been reviewed by the Office of CONTACT section. will not result in such an expenditure,
Management and Budget (OMB), and Small businesses may send comments we do discuss the effects of this rule
pursuant to OMB guidance it is exempt on the actions of Federal employees elsewhere in this preamble.
from the requirements of Executive who enforce, or otherwise determine
Order 13771. compliance with, Federal regulations to F. Environment
This regulatory action determination the Small Business and Agriculture We have analyzed this rule under
is based on the size, location and Regulatory Enforcement Ombudsman Department of Homeland Security

VerDate Sep<11>2014 17:53 Dec 04, 2017 Jkt 244001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\05DER1.SGM 05DER1

57356 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Rules and Regulations

Management Directive 023–01 and become a moving safety zone extending Dated: November 29, 2017.
Commandant Instruction M16475.lD, 500 yards in all directions from the M.C. Long,
which guide the Coast Guard in PACIFIC PARADISE to facilitate the Captain, U.S. Coast Guard, Captain of the
complying with the National towing and subsequent disposal of the Port Honolulu.
Environmental Policy Act of 1969 (42 vessel. The temporary safety zone will [FR Doc. 2017–26142 Filed 12–4–17; 8:45 am]
U.S.C. 4321–4370f), and have be enforced throughout the salvage, BILLING CODE 9110–04–P
determined this action is one of a transit and removal operations within
category of actions that do not and offshore of Mamala Bay. This zone
individually or cumulatively have a extends from the surface of the water to POSTAL SERVICE
significant effect on the human the ocean floor.
environment. This rule involves the 39 CFR Part 20
(b) Enforcement period. This rule is
extension of a temporary safety zone
effective from 8:00 a.m. on December 1, International Mailing Services: Mailing
extension for thirty days, or until the
2017 through 8:00 a.m. on December 31, Services Product and Price Changes
salvage and removal operations are
2017, or until salvage recovery
suspended. It is categorically excluded AGENCY: Postal ServiceTM.
operations are complete, whichever is
from further review under paragraph ACTION: Final rule.
earlier. If the temporary safety zone is
34(g) of Figure 2–1 of the Commandant
terminated prior to 8:00 a.m. on
Instruction. A Record of Environmental SUMMARY: On October 24, 2017, the
Consideration supporting this December 31, 2017, the Coast Guard
Postal Service published proposed
determination is available in the docket will provide notice via a broadcast
product and price changes to reflect a
where indicated under ADDRESSES. notice to mariners.
notice of price adjustments filed with
(c) Regulations. The general the Postal Regulatory Commission
G. Protest Activities regulations governing safety zones (PRC). The PRC has found that price
The Coast Guard respects the First contained in § 165.23 apply to the safety adjustments and product changes
Amendment rights of protesters. zone created by this temporary final contained in the Postal Service’s notice
Protesters are asked to contact the rule. may go into effect on January 21, 2018.
person listed in the FOR FURTHER (1) All persons are required to comply The Postal Service will revise Notice
INFORMATION CONTACT section to 123, Price List to reflect the new prices
with the general regulations governing
coordinate protest activities so that your safety zones found in this part. and Mailing Standards of the United
message can be received without States Postal Service, International Mail
jeopardizing the safety or security of (2) Entry into, or remaining in, this Manual (IMM®) to reflect the product
people, places or vessels. zone is prohibited unless expressly changes.
authorized by the COTP Honolulu or his
List of Subjects in 33 CFR Part 165 designated representative. DATES: Effective: January 21, 2018.
Harbors, Marine safety, Navigation FOR FURTHER INFORMATION CONTACT:
(3) Persons desiring to transit the
(water), Reporting and recordkeeping Paula Rabkin at 202–268–2537.
temporary stationary or moving safety
requirements, Security measures, zone identified in paragraph (a) of this SUPPLEMENTARY INFORMATION:
Waterways. section may contact the COTP at the I. Proposed Rule and Response
For the reasons discussed in the Command Center telephone number
preamble, the Coast Guard amends 33 In October 2017, the Postal Service
(808) 842–2600 and (808) 842–2601, fax filed a notice of mailing services price
CFR part 165 as follows: (808) 842–2642 or on VHF channel 16 adjustments with the Postal Regulatory
(156.8 Mhz) to seek permission to Commission (PRC) for products and
PART 165—REGULATED NAVIGATION transit the zone. If permission is
AREAS AND LIMITED ACCESS AREAS services covered by Mailing Standards
granted, all persons and vessels must of the United States Postal Service,
■ 1. The authority citation for part 165 comply with the instructions of the International Mail Manual (IMM®), to be
continues to read as follows: COTP Honolulu or his designated effective on January 21, 2018. On
representative and proceed at the October 24, 2017, the USPSTM
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; minimum speed necessary to maintain a
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; published a notice of proposed product
Department of Homeland Security Delegation
safe course while in the zone. and price changes in the Federal
No. 0170.1. (4) The U.S. Coast Guard may be Register entitled ‘‘International Mailing
■ 2. Add § 165.T14–0982 to read as assisted in the patrol and enforcement Services: Proposed Product and Price
follows: of the temporary safety zone by Federal, Changes—CPI’’ (82 FR 49160). The
State, and local agencies. document included price changes that
§ 165.T14–0982 Safety Zone; Mamala Bay, the Postal Service would adopt for
Oahu, HI. (d) Notice of enforcement. The COTP
will provide notice of enforcement of products and services covered by
(a) Location. The temporary safety Mailing Standards of the United States
zone is located within the COTP the temporary safety zone described in
this section via verbal broadcasts and Postal Service, International Mail
Honolulu Zone (See 33 CFR 3.70–10) Manual (IMM®) and publish in Notice
and will encompass all navigable waters written notice to mariners and the
general public. 123, Price List, on Postal Explorer® at
extending 500 yards in all directions pe.usps.com. The Postal Service
from the commercial fishing vessel (e) Definitions. As used in this received no comments.
sradovich on DSK3GMQ082PROD with RULES

PACIFIC PARADISE, which is currently section, ‘‘designated representative’’
aground on a reef approximately 400 means any Coast Guard commissioned, II. Decision of the Postal Regulatory
yards southwest of Kaimana Beach near warrant, or petty officer who has been Commission
position 21°15.69′ N.; 157°49.49′ W. authorized by the COTP to assist in As stated in the PRC’s Order No.
When the commercial fishing vessel enforcing the temporary safety zone 4215, issued on November 9, 2017, the
PACIFIC PARADISE is removed from described in paragraph (a) of this PRC found that the prices in the Postal
the reef, the temporary safety zone will section. Service’s Notice may go into effect on

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Document Created: 2017-12-04 23:45:27
Document Modified: 2017-12-04 23:45:27

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 December 5, 2017 until 8:00 a.m. on December 31, 2017. For the purposes of enforcement, actual notice will be used from 8:00 a.m. on December 1, 2017 until December 5, 2017.
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 [email protected]
FR Citation		82 FR 57354
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 57354 - Safety Zone; Mamala Bay, Oahu, HI

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 232 (December 5, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard