[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Rules and Regulations]
[Pages 61950-61954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25855]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0800]
RIN 1625-AA87
Security Zones, 2011 Asia-Pacific Economic Cooperation
Conference, Oahu, HI
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule; request for comments.
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SUMMARY: The Coast Guard is establishing four temporary security zones
on the navigable waters of Oahu's southern and western shores in
support of the Asia-Pacific Economic Cooperation (APEC) conference in
Oahu, Hawaii. The establishment of these security zones is necessary to
ensure the safety of all APEC attendees to include the President of the
United States, as well as numerous foreign dignitaries and senior
government officials. Entry into the temporary security zones
established by this rule is prohibited unless authorized by the Coast
Guard Captain of the Port, Honolulu, or her designated representatives.
DATES: This rule will be effective from 11 p.m. HST on November 9, 2011
through 11 p.m. HST on November 16, 2011. The Sec. 165.T14-0800 (a)(2)
and (4) security zones, West Waikiki and Ala Wai Harbor and Canal, will
be enforced from 11 p.m. HST on November 9, 2011 through 11 p.m. HST on
November 16, 2011. The Sec. 165.T14-0800 (a)(1) security zone,
Ko'olina Offshore, will be enforced from 11 p.m. HST on November 12,
2011, to 11 p.m. HST on November 13, 2011. The Sec. 165.T14-0800
(a)(3) security zone, East Waikiki, will be enforced from 12 a.m. HST
to 11 p.m. HST on November 12, 2011.
Comments and related material must be submitted to the Coast Guard
no later than October 17, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0800 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call or e-mail Lt. Scott O. Whaley, U.S. Coast Guard; telephone
808-522-8264 (ext. 352), e-mail [email protected]. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0800), indicate the specific section of this
document to which each comment applies, and provide a reason for each
[[Page 61951]]
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Search All'' and insert ``USCG-2011-0800'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0800'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. Insufficient time
exists prior to this event to facilitate requests for a public meeting.
If you object to this decision however, you may submit a request for
one by October 17, 2011 using one of the four methods specified under
ADDRESSES. Please explain in detail why you believe a public meeting
would be necessary in this case. If we then determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Basis and Purpose
From November 9, 2011, through November 16, 2011, the President of
the United States, various foreign dignitaries, members of their
official parties, and other senior government officials will be
attending the 2011 APEC conference in Honolulu, Hawaii. APEC is a
multi-national association of economies and their senior leadership
from the Asia-Pacific region working together to reduce trade barriers
and facilitate business interactions between member nations. The
conference is located adjacent to U.S. navigable waters in the Honolulu
Captain of the Port Zone. Accordingly, the U.S. Coast Guard is
establishing these security zones in order to maintain optimum security
for this high visibility event and to ultimately protect the
participants of this event from all possible threats associated with
vessels and persons in the water. Entry of persons or vessels into
these security zones will be prohibited unless authorized by the
Captain of the Port (COTP) Honolulu.
Discussion of Temporary Interim Rule
This security zone temporary interim rule will be effective from 11
p.m. HST on November 9, 2011 through 11 p.m. HST on November 16, 2011.
This security zone covers four areas located within the Honolulu
Captain of the Port Zone (See 33 CFR 3.70-10)
The first area is designated as the Ko'olina Offshore Zone and
covers all waters creating a box shape, encompassed by a line extending
1500 yards seaward from 21[deg]19'23.63'' N, 158[deg]07'20.83'' W; to
21[deg]18'49.59'' N, 158[deg]07'52.68'' W; then north to
21[deg]21'17.96'' N, 158[deg]08'36.75'' W; then due east to
21[deg]21'18.70'' N, 158[deg]07'49.15'' W; then along the shoreline
back to the starting point. The Ko'olina Offshore Zone does not include
the entrance of Barbers Point Harbor Channel or the four lagoons
adjacent to the Ko'olina Resort. The Ko'olina Offshore Zone will be
enforced from 11 p.m. HST on November 12, 2011, to 11 p.m. HST on
November 13, 2011.
The second area is designated as the West Waikiki Zone and includes
all waters creating a box-like shape offshore of Waikiki Beach and is
encompassed by a line connecting the following points: Beginning at
21[deg]16'40.33'' N, 157[deg]50'01.26'' W; to 21[deg]16'10.20'' N,
157[deg]50'37.55'' W; to 21[deg]16'29.28'' N, 157[deg]50'56.69'' W; to
21[deg]16'53.95'' N, 157[deg]50'29.10'' W; then along the shoreline
back to the starting point. The West Waikiki Zone includes the offshore
area adjacent to the Hilton Hawaiian Village Resort and the Fort
DeRussy military reservation. The West Waikiki Zone does not include
the two lagoons adjacent to the Hilton Hawaiian Village Resort. The
West Waikiki Zone will be enforced from 11 p.m. HST on November 9, 2011
to 11 p.m. HST on November 16, 2011.
A third area is designated as the East Waikiki Zone and includes
all waters creating a box-like shape offshore of Waikiki Beach and is
encompassed by a line connecting the following points: beginning at
21[deg]16'36.20'' N, 157[deg]49'46.91'' W; to 21[deg]16'05.04'' N,
157[deg]50'20.56'' W; to 21[deg]16'14.87'' N, 157[deg]50'30.98'' W; to
21[deg]16'40.33'' N, 157[deg]50'01.26'' W; then along the shoreline
back to the starting point. The East Waikiki Zone includes the offshore
area adjacent to the Sheraton Waikiki Hotel and the Outrigger Waikiki
Hotel. The East Waikiki Zone will be enforced from 12 a.m. HST to 11
p.m. HST on November 12, 2011.
A fourth area is designated as the Ala Wai Harbor and Canal Zone.
It includes a section of the Ala Wai Canal extending from the entrance
to the canal in Ala Wai harbor to a point 15 yards northeast of the
McCully Bridge and also includes all Ala Wai Harbor waters encompassing
the Harbor Working Docks, the ``Front Row'' along Holomoana Ave, the
Loading Dock, G Dock, F Dock, the 400 Row, the south face of X Dock and
D Dock. See Example 1 in the docket for an illustration of the Ala Wai
harbor section of this security zone. The Ala Wai Harbor and Canal Zone
will be enforced from 11 p.m. HST on November 9, 2011 to 11 p.m. HST on
November 16, 2011.
A graphic labeled ``Illustration of APEC 2011 security zones'' is
available via http://www.regulations.gov in docket USCG-2011-0800. It
provides a
[[Page 61952]]
graphical representation of the four security zones discussed above
that are established by this temporary interim rule.
In accordance with the general regulations in 33 CFR part 165,
subpart D, no person or vessel will be permitted to transit into or
remain in the zone except for those authorized support vessels,
aircraft and support personnel, or other personnel or vessels
authorized by the Captain of the Port or the District Commander. Any
Coast Guard commissioned, warrant, or petty officer, or other Captain
of the Port representative permitted by law, may enforce the zone.
Vessels, aircraft, or persons in violation of this rule will be subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Regulatory Analyses
We did not publish a notice of proposed rulemaking (NPRM) for this
temporary interim rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds
that good cause exists for not publishing an NPRM. Due to the sensitive
nature of this highly visible event, sufficient notice of the zone
locations was not released in time to adequately complete the NPRM
rulemaking. This event is a matter of national security and the
changing nature of the event has required flexibility among all
parties. Issuing an NPRM is impracticable due to the nature of the
event. This temporary interim rule, however, is being used to provide a
post-promulgation comment period in advance of the event given the
limited time remaining. It would be contrary to the public interest to
delay issuing an effective rule. Post-promulgation comments received on
this temporary interim rule may allow the COTP to issue an improved
temporary final rule, but issuing the interim rule now ensures that an
effective rule will be in place to provide the necessary security
measures required for the Asia-Pacific Economic Cooperation conference
held on Oahu.
We developed this temporary interim rule after considering numerous
statutes and executive orders related to rulemaking. Below we summarize
our analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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. The Coast Guard expects the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
under the regulatory policies and procedures of DHS is unnecessary.
This conclusion is based on the limited duration of the zone and the
limited geographic area affected by it. Furthermore, the general public
will be permitted to transit the security zone as necessary but will
not be permitted to loiter.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this temporary interim 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 temporary
interim rule will not have a significant economic impact on a
substantial number of small entities.
This temporary interim rule could affect the following entities,
some of which might be small entities: the owners or operators of
vessels for hire intending to transit or operate in the Ala Wai Harbor
and Canal and West Waikiki Security Zones from November 9, 2011 to
November 16, 2011; the owners or operators of vessels for hire
intending to transit or operate in the East Waikiki Security Zone on
November 12, 2011; and the owners or operators of vessels for hire
intending to transit or operate in the Ko'olina Security Zone on
November 13, 2011.
These security zones will not have a significant economic impact on
a substantial number of small entities for the following reasons: The
security zones will be activated and thus subject to enforcement for a
period of no longer than seven (7) days and will not affect vessels
transiting 1500 yards (or more) offshore from the Sheraton Waikiki to
1500 yards south-southwest from the Ala Wai Harbor breakwater. It also
will not affect vessels transiting or operating outside 1500 yards west
from Kahe Point Beach Park to 1500 yards southwest from Barbers Point
Harbor Channel, not including the entrance to Barbers Point Harbor.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will 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 will 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 want to assist small
entities in understanding this temporary interim rule so that they can
better evaluate its effects on them and participate in the rulemaking.
If the rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Scott O. Whaley
at (808) 522-8264 ext. 352. The Coast Guard will not retaliate against
small entities that question or complain about this temporary interim
rule or any policy or action of the Coast Guard.
Collection of Information
This temporary interim rule will call 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 would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this temporary
interim 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 (adjusted for
inflation) or more in any one year. Though this temporary interim rule
will not result in such an expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This temporary interim rule will not cause 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 temporary interim rule meets applicable standards in sections
3(a)
[[Page 61953]]
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 temporary interim rule under Executive Order
13045, Protection of Children from Environmental Health Risks and
Safety Risks. This rule is not an economically significant rule and
will not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Indian Tribal Governments
This temporary interim rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it will 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 temporary interim 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 would be 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 temporary interim rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this temporary interim rule under Department of
Homeland Security Management Directive 023-01 and Commandant
Instruction M16475.lD, which guide the Coast Guard in complying with
the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-
4370f), and have made a determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This rule is categorically
excluded, under figure 2-1, paragraph (34)(g), of the Instruction. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this temporary interim rule.
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. 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 temporary Sec. 165.T14-0800 to read as follows:
Sec. 165.T14-0800 Security Zones; 2011 Asia-Pacific Economic
Cooperation Conference, Oahu, HI.
(a) Locations. The following areas, from the surface of the water
to the ocean floor, are security zones.
(1) Ko'olina Offshore Zone. All waters encompassed by a line
extending 1500 yards seaward from 21[deg]19'23.63'' N,
158[deg]07'20.83'' W; to 21[deg]18'49.59'' N, 158[deg]07'52.68'' W;
then north to 21[deg]21'17.96'' N, 158[deg]08'36.75'' W; then due east
to 21[deg]21'18.70'' N, 158[deg]07'49.15'' W; then along the shoreline
back to the starting point. This security zone does not include the
entrance of Barbers Point Harbor Channel or the four lagoons adjacent
to the Ko'olina Resorts.
(2) West Waikiki Zone. All waters offshore of Waikiki Beach
encompassed by a line connecting the following points: beginning at
21[deg]16'40.33'' N, 157[deg]50'01.26'' W; to 21[deg]16'10.20'' N,
157[deg]50'37.55'' W; to 21[deg]16'29.28'' N, 157[deg]50'56.69'' W; to
21[deg]16'53.95'' N, 157[deg]50'29.10'' W; then along the shoreline
back to the starting point. The West Waikiki Zone includes the offshore
area adjacent to the Hilton Hawaiian Village Resort and the Fort
DeRussy military reservation. The West Waikiki Zone does not include
the two lagoons adjacent to the Hilton Hawaiian Village Resort.
(3) East Waikiki Zone. All waters offshore of Waikiki Beach
encompassed by a line connecting the following points: Beginning at
21[deg]16'36.20'' N, 157[deg]49'46.91'' W; to 21[deg]16'05.04'' N,
157[deg]50'20.56'' W; to 21[deg]16'14.87'' N, 157[deg]50'30.98'' W; to
21[deg]16'40.33'' N, 157[deg]50'01.26'' W; then along the shoreline
back to the starting point. The East Waikiki Zone includes the offshore
area adjacent to the Sheraton Waikiki Hotel and the Outrigger Waikiki
Hotel.
(4) Ala Wai Harbor and Canal Zone. All waters, including a section
of the Ala Wai Canal, extending from the entrance to the canal in Ala
Wai harbor to a point 15 yards northeast of the McCully Bridge and also
including all Ala Wai Harbor waters encompassing the Harbor Working
Docks, the ``Front Row'' along Holomoana Ave, the Loading Dock, G Dock,
F Dock, the 400 Row, the south face of X Dock and D Dock.
Note to paragraph (a)(4): See Example 1 in http://www.regulations.gov docket USCG-2011-0800 for an illustration of the
Ala Wai harbor section of this paragraph (a)(4) security zone and
clarification as to the docks encompassed by this zone.
(b) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the Captain of the Port Honolulu to assist in
enforcing the security zones described in paragraph (a) of this
section.
(c) Regulations. The general security zone regulations found in 33
CFR part 165, subpart D, apply to the security zones created by this
temporary section.
(1) All persons are required to comply with the general regulations
governing security zones found in 33 CFR 165.33.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Honolulu.
(3) Persons desiring to transit the security zones identified in
paragraph (a) of this section may contact the Captain of the Port at
Command Center telephone number (808) 842-2600 and (808) 842-2601, fax
(808) 842-2624 or on VHF channel 16 (156.8 Mhz) to seek
[[Page 61954]]
permission to transit the zones. If permission is granted, all persons
and vessels must comply with the instructions of the Captain of the
Port Honolulu or his designated representative and proceed at the
minimum speed necessary to maintain a safe course while within the
zone.
(4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zones by Federal, State, and local agencies.
Dated: September 22, 2011.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2011-25855 Filed 10-5-11; 8:45 am]
BILLING CODE 9110-04-P