[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5282]
[[Page Unknown]]
[Federal Register: March 8, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 110
[CGD14-93-003]
RIN 2115-AA98
Anchorage Ground; Pacific Ocean (Mamala Bay), Honolulu Harbor, HI
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to eliminate the existing anchorage
ground for nitrate laden vessels off Honolulu Harbor and establish four
new anchorage grounds. The purpose of the regulation is to provide safe
anchorage grounds for commercial vessels off Honolulu Harbor.
DATES: Comments must be received on or before May 9, 1994.
ADDRESSES: Comments may be mailed to Commander (oan), Fourteenth Coast
Guard District, Prince Kalanianaole Federal building, 300 Ala Moana
Blvd., Honolulu, Hawaii 96850-4982, or may be delivered to room 9139 at
the above address between 6:30 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. For information concerning comments the
telephone number is (808) 541-2315.
The Fourteenth Coast Guard District Aids to Navigation Branch
maintains the public docket for this rulemaking. Comments will become
part of this docket and will be available for inspection or copying at
room 9139 at the above address.
FOR FURTHER INFORMATION CONTACT:
Lt S.S. Beckerman, (808) 541-2315.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD14-93-003) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Each person wanting acknowledgment of receipt of comments
should enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to Commander, Aids to Navigation Branch at
the address under ADDRESSES. If it is determined that the opportunity
for oral presentations will aid this rulemaking, the Coast Guard will
hold a public hearing at a time and place announced by a later notice
in the Federal Register.
Drafting Information
The principal persons involved in drafting this document are Lt
S.S. Beckerman, Project Manager, and Cdr B.N. Durham, Project Counsel.
Background and Purpose
The anchorage for nitrate laden vessels off Honolulu Harbor is a
hold over from World War II and is no longer needed. It encompasses
much of the area available for commercial vessels to anchor off
Honolulu Harbor. Eliminating the no longer needed nitrate laden
anchorage would free up the area to establish four new anchorages and
provide for better usage of the area available for anchoring. This
proposal was initiated at the request of the State of Hawaii. The
District Engineer, U.S. Army Corps of Engineers, has been contacted and
has no objection to the issuance of this regulation.
Discussion of Proposed Amendments
Under existing state regulations, all vessels are prohibited from
anchoring off Waikiki and to the east of Waikiki. These regulations
protect the beaches from potential oil spills which could damage the
local tourist industry. The area west of Waikiki off Honolulu Harbor
provides the only suitable anchorage area available for commercial
vessels. With the exception of the nitrate laden vessel anchorage,
vessels are currently anchoring in the area proposed. This proposal
would bring the regulations in line with current practice.
Reguatory Evaluation
This proposal is not considered a significant regulatory action
under Executive Order 12866 and is not significant under the Department
of Transportation Regulatory Policies and Procedures (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a Regulatory Evaluation is unnecessary.
The only effect of this regulation is to formally establish anchorage
grounds for commercial vessels off Honolulu Harbor in areas where they
presently anchor. The proposed regulation will not restrict access to
any fairway or channel, or limit access to any facility or area
previously accessible to vessels. The primary intent of the proposed
regulation is to designate anchorages for commercial vessels off
Honolulu Harbor.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632). Because it expects the impact of this proposal to be
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this
proposal, if adopted, will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal in accordance with the
principals and criteria contained in Executive Order 12612 and has
determined that this proposal does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under section 2.B.2.c of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. A Categorical Exclusion
Determination is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Proposed Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 2030, 2035 and 2071; 49 CFR 1.46 and
33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a
is also issued under 33 U.S.C. 1223 and 1231.
2. Section 110.235 is revised to read as follows:
Sec. 110.235 Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii.
(Datum: NAD 83)
(a) The anchorage grounds--(1) Anchorage A. The waters bounded by
the arc of a circle with a radius of 350 yards with the center located
at:
Latitude Longitude
21 deg.16'57'' N 157 deg.53'12'' W
(2) Anchorage B. The waters bounded by a line connecting the
following coordinates:
Latitude Longitude
21 deg.17'06'' N 157 deg.54'40'' W; to
21 deg.17'22'' N 157 deg.54'40'' W; to
21 deg.17'22'' N 157 deg.54'19'' W; to
21 deg.17'06'' N 157 deg.54'19'' W; thence back to
21 deg.17'06'' N 157 deg.54'40'' W
(3) Anchorage C. The waters bounded by the arc of a circle with a
radius of 450 yards with the center located at:
Latitude Longitude
21 deg.17'09'' N 157 deg.54'55'' W
(4) Anchorage D. The waters bounded by the arc of a circle with a
radius of 450 yards with the center located at:
Latitude Longitude
21 deg.17'21'' N 157 deg.55'20'' W
(b) The regulations. (1) Anchors must be placed inside the
anchorage areas.
(2) The anchorages are general anchorages for commercial vessels.
(3) No bunkering operations or vessel to vessel transfer of oil in
bulk of any kind is permitted within Anchorage A. Anchorage A should be
used only if Anchorages B, C, and D are full.
(4) Nothing in this section shall be construed as relieving the
owner or person in charge of any vessel from complying with the rules
of navigation and with safe navigation practice.
Dated: February 22, 1994.
H.B. Gehring,
Commander, 14th CG District.
[FR Doc. 94-5282 Filed 3-7-94; 8:45 am]
BILLING CODE 4910-14-M
