[Federal Register: November 28, 2007 (Volume 72, Number 228)]
[Rules and Regulations]
[Page 67251-67256]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no07-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2007-0093]
RIN 1625-AA87
Security Zone; Kahului Harbor, Maui, HI
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule; request for comments.
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SUMMARY: The Coast Guard is creating a temporary security zone in the
waters of Kahului Bay and Kahului Harbor, Maui, and on designated
adjacent areas of land. This zone is intended to enable the Coast Guard
and its law enforcement partners to better protect people, vessels, and
facilities in and around Kahului Bay and Kahului Harbor during the
transit of the Hawaii Superferry. This rule complements, but does not
replace or supersede, existing regulations that establish a moving 100-
yard security zone around large passenger vessels like the Superferry.
DATES: This rule is effective from 12:01 a.m. (HST) on December 1,
2007, through 11:59 p.m. (HST) on January 31, 2008. Comments and
related material must reach the Coast Guard on or before December 19,
2007.
ADDRESSES: You may submit comments and related material, identified by
Coast Guard docket number USCG-2007-0093, by any of the three methods
listed below. To avoid duplication, please use only one of the
following methods:
(1) Mail: Lieutenant Sean Fahey, U.S. Coast Guard District 14 (dl),
Room 9-130, PJKK Federal Building, 300 Ala Moana Blvd., Honolulu,
Hawaii 96850.
(2) Electronically: E-mail to Lieutenant Sean Fahey at
Sean.C.Fahey@uscg.mil using the subject line ``Comment--Maui Security
Zone.''
(3) Fax: (808) 541-2101.
(4) Online: http://www.regulations.gov.
All comments will be reviewed as they are received. We may change
this rule based on your comments.
Documents indicated in this preamble as being available in the
docket are part of docket USCG-2007-0093 and are available for
inspection and copying at U.S. Coast Guard District 14 (dl), Room
[[Page 67252]]
9-130, between 7 a.m. and 3:30 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Sean Fahey, U.S. Coast
Guard District 14 at (808) 541-2106.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
temporary rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that
good cause exists for not publishing an NPRM. It would be contrary to
the public interest to delay implementing this temporary rule, as any
delay might result in damage or injury to the public, the Hawaii
Superferry (HSF) and its passengers and crew, other vessels,
facilities, and law enforcement personnel. Though operation of the HSF
from Oahu to Maui was temporarily enjoined by the state circuit court
in Maui, that injunction was lifted on November 14, 2007, following
action by the Hawaii State legislature, and service to Maui is
advertised to resume on December 1, 2007. Given recent assessments by
the Maui Police Department that waterborne obstruction tactics similar
to those used in Kauai in August 2007 are likely to be employed in Maui
as well when the HSF resumes service there, it is critical that this
rule be in place so that local, State, and Federal public safety
officials can adequately ensure maritime safety and security, and
secure the observances of rights and obligations of the United States.
The main obstruction tactic employed by waterborne protesters in
Kauai in August 2007 was to physically place themselves directly in the
path of the HSF as it attempted to enter the harbor. Several
obstructers ashore threw rocks and bottles at U.S. Coast Guard
personnel. These actions are dangerous not only to the obstructers
themselves--some of whom used or incited children and juveniles in
support of their obstruction efforts--but also to the HSF, its
passengers and crew, and law enforcement personnel working to ensure
the vessel's safe passage.
Groups opposing the lawful operation of the HSF continue to vow to
impede its transit utilizing these same dangerous tactics. These
opposition groups have started several internet forums to encourage and
coordinate support for their efforts. The danger such obstruction
tactics pose is illustrated by an article posted on November 5, 2007,
on Surferspath.com, a popular Web site for Hawaiian surfers. In this
article, two prominent opposition members urge those who oppose the
operation of the Superferry to take ``the last step of non-violent
resistance,'' and prepare themselves for the possibility of ``physical
injury or death'' that may result from obstructing the Superferry.
These preparations include making the ``proper arrangements,''
preparing a ``last will and testament'' and engaging in a ``cleansing
ceremony to prepare your body, mind, and spirit to greet the Spiritual
Hierarchy that awaits your return.'' The letter goes on to say that,
``[t]here is also the possibility of accident in the turmoil of
numerous boats, swimmers, and surfers in an ocean environment. In that
sense you have to be prepared at the level of the Native American who
decided when it was `a good day to die.' ''
The Coast Guard cannot disregard such adamant safety and security
threats. Consequently, this rule is necessary to prevent damage or
injury to vessels, persons, and waterfront facilities, including the
HSF, its passengers and crew, law enforcement personnel working to
ensure the vessel's safe passage, and the obstructers themselves,
arising from these dangerous and unlawful obstruction tactics. Any
delay in implementing this temporary rule would be contrary to the
public interest and would jeopardize the security and safety of the
public, the HSF and its passengers and crew, other vessels, facilities,
and law enforcement personnel.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Although the Coast
Guard has good cause to issue this temporary rule without first
publishing a proposed rule, you are invited to submit post-promulgation
comments and related material regarding this rule on or before December
19, 2007. We may change this temporary interim rule based on the
comments received. All comments received will be posted, without
change, to http://www.regulations.gov and will include any personal
information you have provided. We have an agreement with the Department
of Transportation (DOT) for their Docket Management Facility to process
online submissions to Coast Guard dockets. You may review the
Department of Transportation's Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477), or you may visit
Background and Purpose
The Hawaii Superferry (HSF) is a 349-foot large passenger vessel
documented by the U.S. Coast Guard with an endorsement for coastwise
trade, and certified for large passenger vessel service in the United
States. The HSF, operating Hawaii's first inter-island vehicle-
passenger service, is intended to provide service among the islands of
Oahu, Maui, and Kauai. The sole port in Maui that can accommodate the
HSF is Kahului Harbor. The sole port in Kauai that can accommodate the
HSF is Nawiliwili Harbor.
The HSF inaugurated commercial service from Oahu to both Maui and
Kauai on August 26, 2007. The voyage to and from Maui on that date
occurred without incident. However, in Kauai, nearly 40 swimmers and
obstructers on kayaks and surfboards blocked Nawiliwili Harbor's
navigable channel entrance to prevent the lawful entry of the HSF into
Kauai. Other demonstrators ashore threw rocks and bottles at Coast
Guard personnel who were conveying detained obstructers to shore.
On the following day, August 27, 2007, the HSF again sailed to and
from Maui without incident. Upon arrival in Kauai, however,
approximately 70 persons entered the water again to physically block
the channel entrance, thereby preventing the HSF from docking in
Nawiliwili Harbor. Due to the difficulty in maneuvering in the small
area of Nawiliwili Harbor, and in the interest of ensuring the safety
of the protesters, the HSF's master chose not to enter the channel
until the Coast Guard cleared the channel of obstructers. However,
because the vessel remained outside the harbor, and because the
obstructers did not approach within 100 yards of the vessel, the
existing security zone for large passenger vessels (33 CFR 165.1410)
did not provide the Coast Guard with the authority to control
obstructer entry into Nawiliwili Harbor or clear the channel of
obstructers before the HSF commenced its transit into the harbor. After
waiting 3 hours, and with nearly 20 obstructers still in the water
actively blocking the HSF, the HSF's master, after consulting with
company officials, made the decision to return to Oahu without mooring
in Kauai.
On August 28, HSF officials announced the ``indefinite'' suspension
of commercial operations. Since that date, the HSF has only sailed in
commercial service to either Kauai or Maui once; on September 8, 2007,
to pick up and return cars to Oahu that were stranded on Maui after the
[[Page 67253]]
suspension of commercial service on August 28. This sailing was the
product of a stipulated agreement in an ongoing lawsuit (discussed
further below) involving HSF and environmental groups opposed to the
HSF operating in and out of Kahului Harbor, Maui.
Shortly after the company announced its suspension of operations on
August 28, the trial court judge in the ongoing state court proceeding
referenced in the previous paragraph issued a temporary restraining
order, which was followed by a preliminary injunction several weeks
later, prohibiting HSF from utilizing the harbor improvements in
Kahului Harbor, Maui. This injunction was the product of a Hawaii
Supreme Court determination that the Hawaii Environmental Protection
Act (HEPA) required the state to conduct an environmental assessment of
the effects of the harbor improvements that were necessary to
accommodate the HSF in Kahului Harbor. Following the Supreme Court
decision, the trial court determined that HEPA required the
environmental assessment to be conducted before the HSF could use those
harbor improvements; and since that assessment had not occurred, the
injunction was a necessary remedy. The injunction only pertained to
Kahului Harbor; it did not apply in Nawiliwili Harbor, Kauai. However,
the HSF voluntarily decided not to sail to Kauai while the court case
was ongoing.
In response to this judicial action, the governor called the Hawaii
legislature into special session to consider whether to grant
legislative relief to HSF. The legislature passed a bill during this
special session called Act 2, which the governor signed into law. Act 2
allowed the HSF to utilize the harbor improvements in Maui and Kauai
while all necessary environmental assessments were being conducted. The
trial judge in Maui determined that this legislation overcame the
requirement in HEPA that caused him to enjoin HSF from utilizing of the
harbor improvements in Maui, and in a ruling on November 14, 2007, he
dissolved and vacated the injunction. This opened the door to HSF
resuming commercial service to Maui.
Notwithstanding the fact that the HSF did not face waterborne
obstructers in Kahului Harbor during any of its commercial voyages
there, recent intelligence and assessments by the Maui Police
Department indicate a substantial likelihood that certain elements in
Maui, disaffected by the process that led to adoption of Act 2 and
vacation of the injunction, plan to adopt the dangerous tactics used by
the obstructers in Kauai in an effort to prevent the HSF from safely
arriving in Maui. Individuals and groups have organized rallies and
started several internet forums to encourage and coordinate support for
their efforts. The dangerous and unlawful intent of these individuals
and groups is clear, as is their resolve.
This temporary security zone is in response to the threat posed by
would-be obstructers in and around Kahului Harbor to HSF and its crew
and passengers, law enforcement officers working to ensure HSF's safe
transit, and the obstructers themselves. By designating significant
portions of the waters of Kahului Harbor and Kahului Bay, and specified
areas of land adjacent to the water, as a security zone, activated for
enforcement 60 minutes before the HSF's arrival into the zone through
10 minutes after its departure from the zone, this temporary security
zone rule provides the Coast Guard and its law enforcement partners the
authority to prevent persons and vessels from entering or remaining in
the water with the intent of using themselves as human barriers to
impede the HSF's safe passage.
Discussion of Rule
This rule creates a temporary security zone in most of the waters
of Kahului Harbor, Maui; in waters of Kahului Bay, Maui; and on
designated areas of land adjacent to Kahului Harbor. This temporary
security zone is effective from 12:01 a.m. (HST) on December 1, 2007,
through 11:59 p.m. (HST) on January 31, 2008. The security zone will be
activated for enforcement 60 minutes before the HSF's arrival into the
zone, and will remain activated for 10 minutes after the HSF's
departure from the zone. The activation of the zone for enforcement
will be announced by marine information broadcast and by a red flag,
illuminated between sunset and sunrise, posted at the following
locations: at Gate 1 at the main entrance to the harbor; on Pier No. 2;
and at the harbor entrance on Wharf Street. During its period of
activation and enforcement, entry into the land and water areas of the
security zone is prohibited without the permission of the Captain of
the Port, Honolulu, or his or her designated representative.
In preparing this temporary rule, the Coast Guard made sure to
consider the rights of lawful protestors. To that end, the Coast Guard
excluded from the security zone a defined region which creates a
sizeable area of water in which demonstrators may lawfully assemble and
convey their message in a safe manner to their intended audience. This
area of the harbor not included in the security zone is completely
accessible to anyone who desires to enter the water, and is fully
visible to observers ashore, at the HSF mooring facility, aboard the
HSF when transiting the harbor, and from the air.
The Coast Guard also took into account the lawful users of Kahului
Harbor and Kahului Bay in its creation of this temporary rule. As
previously noted, the rule will only be activated 1 hour before the
HSF's arrival into port, and will be deactivated 10 minutes after the
HSF departs the port. Kahului Harbor and Kahului Bay are fully
available to all users during the period when the zone is not
activated. Furthermore, the rule affords those desiring to use the
harbor and surrounding waters and land areas with the opportunity to
and a process for requesting permission of the Captain of the Port to
enter the zone while it is activated in a manner that will not endanger
any vessel, waterfront facility, the port, or any person.
The security zone incorporates the minimum land and water areas
necessary to ensure the purposes underlying the rule's creation are
served. Waters outside of the harbor are included in the zone to ensure
that the HSF is able to line up, unimpeded, on the range that guides it
safely into Kahului Harbor. The breakwaters on either side of the
harbor entrance are included in the zone to ensure that would-be
obstructers do not have a ready staging point for attempting to block
the very narrow entrance to Kahului Harbor. Pier No. 2, to which the
HSF ties up, is included in the security zone, is entirely fenced off,
and not legally accessible except to authorized personnel. Other than
the designated protest area, the waters of Kahului Harbor, including
areas of the harbor not navigable by the HSF, are included in the zone
to prevent would-be obstructers from interfering with law enforcement
vessels in the harbor that are working to ensure the HSF's safe
passage.
Under 33 CFR 165.33, entry by persons or vessels into the security
zone during a period of zone activation is prohibited unless authorized
by the Coast Guard Captain of the Port, Honolulu or his or her
designated representatives.
Operation of any type of vessel, including every description of
watercraft or other artificial contrivance used, or capable of being
used, as a means of transportation on water, within the security zone
while the zone is activated is prohibited. If a vessel is found to be
operating within the security zone without permission of the
[[Page 67254]]
Captain of the Port, Honolulu while the zone is activated, the vessel
is subject to seizure and forfeiture.
All persons and vessels permitted in the security zone while the
zone is activated must comply with the instructions of the Coast Guard
Captain of the Port or the designated on-scene patrol personnel. These
personnel include commissioned, warrant, and petty officers of the
Coast Guard and other persons permitted by law to enforce this
regulation. Upon being hailed by an authorized vessel or law
enforcement officer using siren, radio, flashing light, loudhailer,
voice command, or other means, the operator of the vessel must proceed
as directed.
If authorized passage through the security zone, a vessel must
operate at the minimum speed necessary to maintain a safe course and
must proceed as directed by the Captain of the Port or his or her
designated representatives. While underway with permission of the
Captain of the Port or his or her designated representatives, under 33
CFR 165.1408, no person or vessel is allowed within 100 yards of the
HSF when it is underway, moored, position-keeping, or at anchor, unless
authorized by the Captain of the Port or his or her designated
representatives.
When conditions permit, the Captain of the Port, or his or her
designated representatives, may permit vessels that are at anchor,
restricted in their ability to maneuver, or constrained by draft to
remain within the security zone during the enforcement period in order
to ensure navigational safety. Any Coast Guard commissioned, warrant,
or petty officer, and any other person permitted by law, may enforce
the regulations in this section.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This expectation is based on
the short activation and enforcement duration of the security zone
created by this temporary rule, as well as the limited geographic area
affected by the security zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. 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 we are aware that the affected area has small entities,
including canoe and boating clubs and small commercial businesses that
provide recreational services, we anticipate that there will be little
or no impact to these small entities due to the narrowly tailored scope
of this temporary rule, as well as the fact that such entities can
request permission from the Captain of the Port to enter the security
zone when it is activated.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule so that they may better evaluate
its effects on them and participate in the rulemaking process. If this
rule will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Sean Fahey, U.S.
Coast Guard District 14, at (808) 541-2106. 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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and either preempts State law or imposes a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children. While some obstructers, both on
land on and shore, used small children in furtherance of their
obstruction activities during the August 26 and 27 HSF arrivals into
Kauai, and while online forums and other sources indicate that some
organizers are actively recruiting adolescents and small children with
the intent of putting them in harm's way should the HSF attempt to
enter either Kauai or Maui, any heightened harm faced by children as a
result of these tactics has no relation to the creation of this rule.
Instead, those heightened risks are entirely the product of persons who
recruit and employ adolescents and children to put themselves at risk
of death or serious physical injury by attempting to physically
obstruct the passage of a large passenger vessel in a small harbor.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination
[[Page 67255]]
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards is inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., specifications of materials, performance, design, or operation;
test methods; sampling procedures; and related management systems
practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, under figure 2-1, paragraph (34)(g) of the Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. An ``Environmental Analysis Checklist''
and ``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add a new Sec. 165.T14-164 to read as follows:
Sec. 165.T14-164 Security Zone; Kahului Harbor, Maui, HI.
(a) Location. The following land areas, and water areas from the
surface of the water to the ocean floor, are a security zone that is
activated as described in paragraph (c) of this section, and enforced
subject to the provisions of paragraph (d) of this section:
(1) All waters of Kahului Harbor, Maui, shoreward of the Kahului
Harbor COLREGS DEMARCATION LINE (see 33 CFR 80.1460), except for a zone
extending from the shoreline with the following three legs as
boundaries:
(i) A leg extending in a straight line between Buoy ``10'' (LLNR
28375) and Buoy ``12'' (LLNR 28380);
(ii) A leg extending in a straight line between Buoy ``10'' (LLNR
28375) and the nearest shoreline point; and
(iii) A leg extending in a straight line between Buoy ``12'' (LLNR
28380) and the fence line at the southwestern base of Pier Two, at
position (20[deg]53.589[min] N, 156[deg]28.084[min] W).
(2) Pier No. 2 in Kahului Harbor.
(3) The eastern breakwater at the entrance of Kahului Harbor,
beginning at the east break wall (20[deg]53.958[min] N,
156[deg]28.161[min] W).
(4) The western breakwater at the entrance of Kahului Harbor,
beginning at the berm on the west break wall (20[deg]53.925[min] N,
156[deg]28.611[min] W).
(5) All waters of Kahului Bay bounded on the south by the COLREGS.
DEMARCATION LINE (see 33 CFR 80.1460); bounded on the north by line of
latitude 20[deg]56[min] N; bounded on the west by a straight line drawn
from the berm on the west break wall (20[deg]53.925[min] N,
156[deg]28.611[min] W) at a direction of 330[deg] to the line of
latitude 20[deg]56[min] N; and bounded on the east by a straight line
drawn from the east break wall (20[deg]53.958[min] N,
156[deg]28.161[min] W) at a direction of 030[deg] and ending at the
line of latitude 20[deg]56[min] N.
(b) Effective period. This section is effective from 12:01 a.m.
(HST) on December 1, 2007, through 11:59 p.m. (HST) on January 31,
2008. It will be activated for enforcement as described in paragraph
(c) of this section.
(c) Enforcement periods. The zone described in paragraph (a) of
this section will be activated for enforcement 60 minutes before the
Hawaii Superferry's arrival into the zone and will remain activated
until 10 minutes after the Hawaii Superferry's departure from the zone.
The activation of the zone for enforcement will be announced by marine
information broadcast and by a red flag, illuminated between sunset and
sunrise, posted at the following locations: At Gate 1 at the main
entrance to the harbor; on Pier No. 2; and at the harbor entrance on
Wharf Street.
(d) Regulations. (1) Under 33 CFR 165.33, entry by persons or
vessels into the security zone created by this section and activated as
described in paragraph (c) of this section is prohibited unless
authorized by the Coast Guard Captain of the Port, Honolulu or his or
her designated representatives. Operation of any type of vessel,
including every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of
transportation on water, within the security zone is prohibited. If a
vessel is found to be operating within the security zone without
permission of the Captain of the Port, Honolulu, and refuses to leave,
the vessel is subject to seizure and forfeiture.
(2) All persons and vessels permitted in the security zone must
comply with the instructions of the Coast Guard Captain of the Port or
the designated on-scene-patrol personnel. These personnel comprise
commissioned, warrant, and petty officers of the Coast Guard and other
persons permitted by law to enforce this regulation. Upon being hailed
by an authorized vessel or law enforcement officer using siren, radio,
flashing light, loudhailer, voice command, or other means, the operator
of a vessel must proceed as directed.
(3) If authorized passage through the security zone, a vessel must
operate at the minimum speed necessary to maintain a safe course and
must proceed as directed by the Captain of the Port or his or her
designated representatives. While underway with permission of the
Captain of the Port or
[[Page 67256]]
his or her designated representatives, no person or vessel is allowed
within 100 yards of the Hawaii Superferry when it is underway, moored,
position-keeping, or at anchor, unless authorized by the Captain of the
Port or his or her designated representatives.
(4) Persons desiring to transit the security zone in this section
may contact the Captain of the Port at telephone number (808) 927-0865
or on VHF channel 12 to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representatives. When conditions permit, the Captain of the Port, or
his or her designated representatives, may permit vessels that are at
anchor, restricted in their ability to maneuver, or constrained by
draft to remain within the security zone in order to ensure
navigational safety.
(e) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other Captain of the Port representative permitted by
law, may enforce this temporary security zone.
Dated: November 21, 2007.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard
District.
[FR Doc. 07-5872 Filed 11-26-07; 1:53 pm]
BILLING CODE 4910-15-P