[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Rules and Regulations]
[Pages 58846-58849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20530]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-1030]
RIN 1625-AA87
Security Zone; 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 for
the protection of a very important person (VIP). This VIP will be
staying on beachfront property in close proximity to Kailua Bay. It is
necessary to restrict waterway access to vessels and persons to prevent
waterside threats
[[Page 58847]]
to the VIP. The security zone encompasses two primary areas from the
surface of the water to the ocean floor from the navigable waters of
the Kawainui Canal, beginning 150 yards south of the N. Kalaheo Avenue
Road Bridge and continuing into Kailua Bay; and the navigable waters of
Kailua Bay beginning at Kapoho Point and extending in a southwesterly
direction to the shore boundary of a property located at 123 Kailuana
Loop, Kailua, HI 96734. Entry of persons or vessels into the security
zone is prohibited unless authorized by the Captain of the Port (COTP)
Honolulu or a designated representative.
DATES: This rule is effective from 4:00 p.m. (HST) on August 30, 2016,
through 11:30 p.m. (HST) on September 2, 2016.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-1030. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1030 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Nicolas Jarboe, Waterways Management
Division, U.S. Coast Guard Sector Honolulu; telephone (808) 541-4359,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
TFR Temporary final rule
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
VIP Very Important Person
II. Background Information and Regulatory History
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 those
procedures are ``impractical, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for not publishing an NPRM and for making this rule
effective less than 30 days after publication in the Federal Register.
The Coast Guard further finds that it would be impractical to issue an
NPRM with respect to this rule because details of the VIP's travel to
Hawaii were not provided to the Coast Guard until August 9, 2016,
preventing the Coast Guard from completing full notice-and-comment
rulemaking procedures. Publishing an NPRM and delaying the effective
date would be contrary to the security zone's intended objectives,
including but not limited to protection of the VIP, mitigation of
potential terrorist risks, and enhancing public and maritime 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 VIP. The COTP finds
this temporary security zone must be effective by August 30, 2016 to
ensure the safety of the VIP during his visit to the Kailua Bay area on
the eastern coast of Oahu, Hawaii.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 33
U.S.C. 1231. From August 30, 2016 through September 2, 2016, a VIP of
the United States of America plans to visit the Kailua Bay area on
Oahu, Hawaii. The security zone encompasses two primary areas from the
surface of the water to the ocean floor: (1) The navigable waters of
the Kawainui Canal, beginning 150 yards south of the N. Kalaheo Avenue
Road Bridge and continuing into Kailua Bay; and (2) the navigable
waters of Kailua Bay beginning at Kapoho Point and extending in a
southwesterly direction to the shore boundary of a property located at
123 Kailuana Loop, Kailua, HI 96734. The Captain of the Port of
Honolulu (COTP) has determined the potential risks associated with the
VIP's visit to the Kailua Bay area render a security zone necessary to
ensure the VIP's safety. Entry of persons or vessels into the security
zone is prohibited unless authorized by the Captain of the Port (COTP)
Honolulu or a designated representative.
IV. Discussion of Comments, Changes, and the Rule
This temporary final rule establishes a security zone from 4:00
p.m. (HST) on August 30, 2016, through 11:30 p.m. (HST) on September 2,
2016. The security zone encompasses two primary areas from the surface
of the water to the ocean floor: (1) The navigable waters of the
Kawainui Canal, beginning 150 yards south of the N. Kalaheo Avenue Road
Bridge and continuing into Kailua Bay; and (2) the navigable waters of
Kailua Bay beginning at Kapoho Point and extending in a southwesterly
direction to the shore boundary of a property located at 123 Kailuana
Loop, Kailua, HI 96734.
Two (2) shore-side markers will be placed in proximity of the
security zone along the security zone boundary and one (1) orange boom
will be placed at the canal boundary south of the N. Kalaheo Avenue
Road Bridge as visual aids for mariners and public to approximate the
zone. An illustration of the security zone will be made available on
www.regulations.gov in the docket for this rulemaking, USCG-2015-1030.
No vessel or person will be permitted to enter the security zone
without obtaining permission from the COTP or a designated
representative.
V. 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.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. The Coast Guard expects the
economical 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. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
[[Page 58848]]
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 some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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.
F. 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 (42 U.S.C. 4321-4370f), 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. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES.
G. 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.
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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T14-1030 to read as follows:
Sec. 165.T14-1030 Security Zone; Kailua Bay, Oahu, HI.
(a) Location. The security zone area is located within the Captain
of the Port (COTP) Zone (See 33 CFR 3.70-10) and encompasses two
primary areas from the surface of the water to the ocean floor:
(1) The navigable waters of the Kawainui Canal, beginning 150 yards
south of the N. Kalaheo Avenue Road Bridge and continuing into Kailua
Bay; and
(2) The navigable waters of Kailua Bay beginning at Kapoho Point
and extending in a southwesterly direction to the shore boundary of a
property located at 123 Kailuana Loop, Kailua, HI 96734. The geographic
coordinates of the zone include the navigable waters of the Kawainui
Canal beginning at a point 21[deg]24'56'' N., 157[deg]44'58'' W., then
extending to 21[deg]25'27'' 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]44'39'' W., and extending back to the
original point 21[deg]24'56'' N., 157[deg]44'58'' W.
(b) Effective period. This rule is effective from 4:00 p.m. (HST)
on August 30, 2016, through 11:30 p.m. (HST) on September 2, 2016.
(c) Regulations. The general regulations governing security zones
contained in Sec. 165.33 apply to the security zone created by this
temporary final rule.
(1) All persons and vessels are required to comply with the general
regulations governing security zones found in this part.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the COTP or his designated representative.
(3) Persons or vessels desiring to transit the security zone
identified in paragraph (a) of this section may contact the COTP
through his designated representatives at the Command Center via
telephone: (808) 842-2600 and (808) 842-2601; fax: (808) 842-2642; or
on VHF channel 16 (156.8 Mhz) to request permission to transit the
zones. If permission is granted, all persons and vessels must comply
with the
[[Page 58849]]
instructions of the COTP or his designated representative and proceed
at the minimum speed necessary to maintain a safe course while in the
zone.
(4) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the security zone by Federal, State, and local agencies.
(d) Notice of enforcement. The COTP 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 COTP to assist in enforcing the security zone
described in paragraph (a) of this section.
Dated: August 16, 2016.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. 2016-20530 Filed 8-25-16; 8:45 am]
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