Micheal Smolensky

Please accept this comment submission as to the Temporary Interim Rule for Kahului Harbor, Maui, HI, Docket No. USCG-2007-0093. Having reviewed the published information about this interim rule, I am writing to express my support of the safety measures intended under this rule. I personally reviewed the statements at www.surferspath.com, and they are indeed a cause for concern. In addition to expressing my support, I have two comments. 1. The statements at www.surferspath.com indicate that the protestors perceive the Hawaii Superferry (HSF) as being a military vessel. However, the explanation that accompanied the request for comments explains that the HSF is a commercial vessel. Have measures been taken to ensure that the public is informed that HSF is, in fact, a commercial vessel which serves no military function? 2. I am concerned about the environmental impact of the operation of the HSF. The conclusions contained in the published request for comments stated that there is no NEPA violation relating to the "categorical exclusion." What is the "categorical exclusion" to which the publication is referring? Is it the exclusion that the Hawaii legislature enacted upon the request of the governor? I searched the document and could not find that phrase used elsewhere. Additionally, this conclusion that there is no NEPA violation appears to have been offered without an explanation of the factual basis. I thought that regulatory agencies are granted deference by courts on applying law to facts. However, I thought that pure questions of law have traditionally has been the province of the judiciary where regulatory agencies may not enjoy the same level of judicial deference. I have seen some discussion on the Internet about environmental impact, and that seems to be at least one of the motives for the protests. Therefore, for these reasons, I ask that your agency publish in the federal register (a) the meaning of "categorical exception," (b) the factual basis, and (c) your conclusions of law as to the acceptability of the "categorical exception." Thank you very much for your time and consideration.