Safety Zone; T/V DENISE FOSS (O.N. 1254223), Honolulu, HI

Safety Zone; T/V DENISE FOSS (O.N. 1254223), Honolulu, HI

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

§ Section

U.S.C. United States Code

II. Background and Authority

The Coast Guard received notification on August 3, 2026, that Pasha Hawaii will ship three ship-to-shore cranes from Los Angeles, CA to Honolulu, HI, via tug and barge, with a scheduled arrival date of August 14, 2026. The Coast Guard initially published a temporary final rule to implement a safety zone from August 13, 2026 through August 17, 2026 (91 FR 52023; August 12, 2026). Due to Tropical Storm Lala, the tug and barge's updated arrival date is August 19, 2026. The day and time of this safety zone enforcement will depend on the arrival, but enforcement may start as soon as 6 a.m. on August 19, 2026. Hazards from this shipment include but are not limited to the tug and barge being restricted in its ability to maneuver, which creates hazards for the public on the water. The Captain of the Port (COTP) Honolulu has determined that potential hazards associated with the shipment of the three ship-to-shore cranes are a safety concern for anyone while the tug and barge are transiting in Mamala Bay on its approach to Honolulu Harbor. Therefore, the COTP is issuing this rule under the authority in 46 U.S.C. 70034, which is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone.

Because of these potential hazards, the Coast Guard is issuing this rule without prior notice and comment. As is authorized by 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 it is impracticable. The Coast Guard was notified of the updated arrival date on August 17, 2026, but we must establish this safety zone by August 19, 2026, to protect personnel, vessels, and the marine environment while the tug and barge are approaching Honolulu Harbor. Therefore, we do not have enough time to solicit and respond to comments.

For the same reason, the Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the Federal Register .

III. Discussion of the Rule

This rule establishes a moving safety zone that will be enforced from August 19, 2026 through August 25, 2026. The day and time of enforcement will depend on the arrival of T/V DENISE FOSS (O.N. 1254223) and its tow, FOSS 3612 (O.N. 1255436), entering Mamala Bay in the vicinity of Honolulu Harbor and will be announced to the public in advance. The safety zone will cover all navigable waters within a 500 yard radius of the T/V DENISE FOSS (O.N. 1254223) and its tow, FOSS 3612 (O.N. 1255436). Vessels and persons will not be allowed to enter the zone during this time, unless authorized by the Captain of the Port. An image of the vessel is available in the docket on regulations.gov by searching docket number USCG-2026-0221.

IV. 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.

A. Impact on Small Entities

The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here.

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 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.

B. 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).

C. Federalism and Indian Tribal Governments

We have analyzed this rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order.

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.

D. Unfunded Mandates Reform Act

As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector.

E. Environment

We have analyzed this rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ), 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 is a safety zone. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket.

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