[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Rules and Regulations]
[Pages 75017-75019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30628]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-1038]
RIN 1625-AA87
Security Zone; On the Waters in Kailua Bay, Oahu, HI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone on
the waters south of Kapoho Point and a nearby channel in Kailua Bay
within the Honolulu Captain of the Port (COTP) Zone. This security zone
is necessary to ensure the safety of the President of the United States
and his family members.
DATES: This rule is effective from 6 a.m. (HST) on December 17, 2012,
through 10 p.m. (HST) on January 6, 2013.
ADDRESSES: Documents indicated in this preamble as being available in
the docket USCG-2012-1038 are available online by going to http://www.regulations.gov, inserting USCG-2012-1038 in the ``Keyword'' box,
and then clicking ``Search''. They are also available for inspection or
copying at the 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, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Lieutenant Commander Scott O. Whaley,
Waterways Management Division, U.S. Coast Guard Sector Honolulu;
telephone (808) 522-8264 (ext. 352), email [email protected]. If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency, for good cause, finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under 5 U.S.C. 553(d)(3), the Coast Guard finds good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. The details of the President's
intended travel to Hawaii were not made available to the Coast Guard in
sufficient time to issue a notice of proposed rulemaking. Due to the
need for immediate action, the restriction of vessel traffic is
necessary to protect the President and his family members; therefore, a
30-day notice period is impracticable. Delaying the effective date
would be contrary to the security zone's intended objectives of
protecting high-ranking officials, mitigating potential terroristic
acts and enhancing public and maritime safety and security. Publishing
a Notice of Proposed Rulemaking (NPRM) and delaying the effective date
would be contrary to the public interest since the occasion would occur
before a notice-and-comment rulemaking could be completed, thereby
jeopardizing the safety of the President of the United States, members
of his family members, and other senior government officials. The COTP
finds that this temporary security zone needs to be effective by
December 17, 2012, to ensure the safety of the President of the United
States and members of his official party visiting the Kailua Bay area
on the eastern coast of Oahu, Hawaii.
Background and Purpose
From December 17, 2012, through January 6, 2013, the President of
the United States and his family members plan to visit near the Kailua
Bay shoreline on Oahu, Hawaii. This position is located adjacent to
U.S. navigable waters in the Honolulu Captain of the Port Zone. The
Coast Guard is establishing this security zone to ensure the safety of
the President of the United States and his family members.
Discussion of Temporary Final Rule
This temporary final rule is effective from 6 a.m. HST on December
17, 2012 through 10 p.m. HST on January 6, 2013. The security zone area
is located
[[Page 75018]]
within the Honolulu Captain of the Port Zone (See 33 CFR 3.70-10) and
covers all U.S. navigable waters in the Kailua Bay on the west side of
a line connecting Kapoho Point and continuing at a bearing of 240[deg]
(true) to the southwestern corner of Kailuana Loop; as well as the
nearby channel from its entrance at Kapoho Point to a point 150-yards
to the southwest of the N. Kalaheo Avenue Road Bridge. This zone
extends from the surface of the water to the ocean floor. This zone
will include the navigable waters of the channel beginning at point
21[deg]24'56'' N, 157[deg]44'58'' W, then extending to 21[deg]25'26''
N, 157[deg]44'21'' W (Kapoho Point) including all the waters to the
west of a straight line to 21[deg]25'11'' N, 157[deg]43'34'' W
(Kailuana Loop), and then extending back to the original point
21[deg]24'56'' N, 157[deg]44'58'' W.
Two (2) yellow buoys and a shore-side marker will be placed in
proximity of the security zone along the security zone boundary and one
(1) orange boom will be placed at the channel boundary southwest of the
N. Kalaheo Avenue Road Bridge as visual aids for mariners and the
public to approximate the zone. An illustration of the security zone
will be made available on www.regulations.gov in docket for this
rulemaking, USCG-2012-1038.
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 authorized support vessels, aircraft and
support personnel, or other vessels authorized by the Captain of the
Port. Any Coast Guard commissioned, warrant, or petty officer, and any
other Captain of the Port representative permitted by law, may enforce
the zone. Vessels, aircraft, or persons in violation of this rule would
be subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C.
192.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. 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 expectation is based on the limited duration of the zone, the
limited geographic area affected by it, and the lack of commercial
vessel traffic affected by the zone.
2. Impact on 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.
This rule will affect the following entities, all of which are small
entities: the owners or operators of six jet-ski and para-sailing
companies. These companies will only be affected during the arrival and
departure of the President of the United States through Honolulu
International Airport. Notice to enforce the security zone is not
provided to the Coast Guard more than 12 hours before the President
arrives or departs.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on small entities. This security
zone would not have a significant economic impact on these small
entities for the following reasons: this security zone will be
activated, and thus subject to enforcement, for six hours for the
President's arrival and for six hours for his departure. Once the Coast
Guard is notified of the need to enforce the security zone, all six of
the affected jet-ski and para-sailing companies will be contacted and
made aware of the security zone enforcement. Additionally, marine
advisories will be issued to notify mariners of the enforcement of the
security zone. 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.
3. 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 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 LCDR 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
final rule or any policy or action of the Coast Guard.
4. 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).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This 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.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to
[[Page 75019]]
minimize litigation, eliminate ambiguity, and reduce burden.
10. 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.
11. Indian Tribal Governments
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.
12. 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.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this 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. This regulation establishes one
security zone. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' are available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine security, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and 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 Sec. 165.T14-215 to read as follows:
Sec. 165.T14-215 Security Zone; On the Waters in Kailua Bay, Oahu,
HI.
(a) Location. The following area, within the Honolulu Captain of
the Port Zone (See 33 CFR 3.70-10), from the surface of the water to
the ocean floor is a temporary security zone: All waters in Kailua Bay
to the west of a line beginning at Kapoho Point and thence
southwestward at a bearing of 240[deg] (true) to the shoreline at the
southeastern corner of Kailuana Loop; as well as the nearby channel
from its entrance at Kapoho Point to a point 150-yards to the southwest
of the N. Kalaheo Avenue Road Bridge. This zone extends from the
surface of the water to the ocean floor. This zone will include the
navigable waters of the channel beginning at point 21[deg]24'56'' N,
157[deg]44'58'' W, then extending to 21[deg]25'26'' N, 157[deg]44'21''
W (Kapoho Point) including all the waters to the west of a straight
line to 21[deg]25'11'' N, 157[deg]43'34'' W (Kailuana Loop), and then
extending back to the original point 21[deg]24'56'' N, 157[deg]44'58''
W.
(b) Effective period. This section is effective from 6 a.m. HST on
December 17, 2012, through 10 p.m. HST on January 6, 2013.
(c) Regulations. The general regulations governing security zones
contained in 33 CFR 165.33, subpart D, apply to the security zone
created by this temporary final rule.
(1) All persons are required to comply with the general regulations
governing security zones found in 33 CFR part 165.
(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 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) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the zones by Federal, State, and local agencies.
(d) Notice of enforcement. The Captain of the Port Honolulu will
cause notice of the enforcement of the security zone described in this
section to be made by verbal broadcasts and written notice to mariners
and the general public.
(e) 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.
Dated: November 29, 2012.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. 2012-30628 Filed 12-18-12; 8:45 am]
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