Security Zone; On the Waters in Kailua Bay, Oahu, HI, 79312-79315 [2013-31281]
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Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations
HCV FSS program 6 must continue to
report on item 14a and may not select
‘‘Check here if not applicable’’ under
SEMAP indicator item 14a of form
HUD–52648.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
III. Authority To Grant Waivers
[Docket Number USCG–2013–1030]
Under 24 CFR 5.110, HUD’s
regulations in 24 CFR may be waived
upon a determination of good cause,
subject to statutory limitations. A partial
waiver of 24 CFR 985.3(o) was
determined necessary to eliminate
penalties that may be associated with
voluntary participation in the FSS
Program Demonstration.
IV. Findings and Certifications
Paperwork Reduction Act
The information collection
requirements applicable to this waiver
have been submitted to the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520) and assigned
OMB Control Numbers 2528–0296 and
2577–0215. In accordance with the
Paperwork Reduction Act, HUD may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information, unless the collection
displays a currently valid OMB control
number.
Environmental Impact
This document does not direct,
provide for assistance or loan and
mortgage insurance for, or otherwise
govern or regulate, real property
acquisition, disposition, leasing,
rehabilitation, alteration, demolition, or
new construction, or establish, revise, or
provide for standards for construction or
construction materials, manufactured
housing, or occupancy. Accordingly,
under 24 CFR 50.19(c)(1), this document
is categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321).
Dated: December 19, 2013.
Sandra Henriquez,
Assistant Secretary for Public and Indian
Housing.
[FR Doc. 2013–31044 Filed 12–27–13; 8:45 am]
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BILLING CODE 4210–67–P
6 Some PHAs are required, by statute, to carry out
a FSS program; see 42 U.S.C. 1437u.
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Drawbridge Operation Regulation;
Upper Mississippi River, Rock Island,
IL
Coast Guard, DHS.
Notice of deviation from
drawbridge regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Rock Island
Railroad and Highway Drawbridge
across the Upper Mississippi River, mile
482.9, at Rock Island, Illinois. The
deviation is necessary to allow the St.
Patrick’s Day Road Race to cross the
bridge. This deviation allows the bridge
to be maintained in the closed-tonavigation position for two hours.
DATES: This deviation is effective from
10 a.m. to noon, March 15, 2014.
ADDRESSES: The docket for this
deviation, [USCG–2013–1030] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Eric A.
Washburn, Bridge Administrator,
Western Rivers, Coast Guard; telephone
314–269–2378, email Eric.Washburn@
uscg.mil. If you have questions on
viewing the docket, contact Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: The U.S.
Army Rock Island Arsenal requested a
temporary deviation for the Rock Island
Railroad and Highway Drawbridge,
across the Upper Mississippi River, mile
482.9, at Rock Island, Illinois to remain
in the closed-to-navigation position for
a two hour period from 10 a.m. to noon,
March 15, 2014, while the St. Patrick’s
Day Road Race is held between the
cities of Davenport, IA and Rock Island,
IL.
The Rock Island Railroad and
Highway Drawbridge currently operates
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in accordance with 33 CFR 117.5, which
states the general requirement that
drawbridges shall open promptly and
fully for the passage of vessels when a
request to open is given in accordance
with the subpart.
There are no alternate routes for
vessels transiting this section of the
Upper Mississippi River.
The Rock Island Railroad and
Highway Drawbridge, in the closed-tonavigation position, provides a vertical
clearance of 23.8 feet above normal
pool. Navigation on the waterway
consists primarily of commercial tows
and recreational watercraft. This
temporary deviation has been
coordinated with waterway users. No
objections were received.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: December 18, 2013.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2013–31278 Filed 12–27–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0934]
RIN 1625–AA87
Security Zone; On the Waters in Kailua
Bay, Oahu, HI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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.
DATES: This rule is effective without
actual notice from December 30, 2013
through 10 p.m. (HST) on January 5,
2014. For the purposes of enforcement,
actual notice will be used from 6 a.m.
(HST) on December 20, 2013, through
10 p.m. (HST) on January 5, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0934. To view documents
mentioned in this preamble as being
SUMMARY:
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available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
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. 3352), email
Scott.O.Whaley@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
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A. 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;
therefore, a 30-day notice period is
impracticable. Delaying the effective
date would be contrary to the security
zone’s intended objectives of protecting
the President, mitigating potential
terroristic acts and enhancing public
and maritime safety and security.
Publishing a Notice of Public Rule
Making (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.
The COTP finds that this temporary
security zone needs to be effective by
December 20, 2013, to ensure the safety
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of the President while visiting the
Kailua Bay area on the eastern coast of
Oahu, Hawaii.
B. Basis and Purpose
From December 20, 2013, through
January 5, 2014, the President of the
United States plans to visit the Kailua
Bay area on Oahu, Hawaii. This position
is located adjacent to U.S. navigable
waters in the Honolulu COTP Zone. The
Coast Guard is establishing this security
zone to ensure the safety of the
President.
C. Discussion of Temporary Final Rule
This temporary final rule is effective
from 6 a.m. HST on December 20, 2013
through 10 p.m. HST on January 5,
2014. The security zone area is located
within the Honolulu COTP 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 225° (true) to 21°25′11″ N,
157°44′39″ W; as well as the nearby
channel from its entrance near Kapoho
Point to a point 150-yards to the south
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°24′56″ N,
157°44′58″ W, then extending to
21°25′26″ N, 157°44′21″ W (Kapoho
Point) including all the waters to the
west of a straight line to 21°25′11″ N,
157°44′39″ W and then extending back
to the original point 21°24′56″ N,
157°44′58″ W.
One (1) yellow buoy and 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
channel boundary south 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–2013–0934.
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 COTP. Any
Coast Guard commissioned, warrant, or
petty officer, and any other COTP
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.
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D. 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.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on small
entities. 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. 3352.
The Coast Guard will not retaliate
against small entities that question or
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complain about this temporary final rule
or any policy or action of the Coast
Guard.
4. Collection of Information
11. Indian Tribal Governments
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 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.
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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
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
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an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
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
1. The authority citation for part 165
continues to read as follows:
■
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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.
2. Add § 165.T14–0934 to read as
follows:
■
§ 165.T14–0934 Security Zone; On the
Waters in Kailua Bay, Oahu, HI.
(a) Location. The following area,
within the COTP Honolulu 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 225°
(true) to the shoreline at 21°25′11″ N,
157°44′39″ W; 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°24′56″ N, 157°44′58″ W, then
extending to 21°25′26″ N, 157°44′21″ W
(Kapoho Point) including all the waters
to the west of a straight line to 21°25′11″
N, 157°44′39″ W, and then extending
back to the original point 21°24′56″ N,
157°44′58″ W.
(b) Effective period. This section is
effective from 6 a.m. HST on December
20, 2013, through 10 p.m. HST on
January 5, 2014.
(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 section, § 165.T14–0934.
(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 COTP.
(3) Persons desiring to transit the
security zones identified in paragraph
(a) of this section may contact the COTP
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
COTP 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.
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(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 zones described
in paragraph (a) of this section.
Dated: December 3, 2013.
S.N. Gilreath,
Captain, U.S. Coast Guard, Captain of the
Port, Honolulu.
[FR Doc. 2013–31281 Filed 12–27–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AO91
Copayments for Medications in 2014
Department of Veterans Affairs.
Interim final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) amends its medical
regulations concerning the copayment
required for certain medications. But for
this rulemaking, beginning on January 1,
2014, the copayment amount would
increase based on a formula set forth in
regulation. The maximum annual
copayment amount payable by veterans
would also increase. This rulemaking
freezes copayments at the current rate
for 2014 for veterans in priority
categories 2 through 8, and thereafter
resumes increasing copayments in
accordance with the regulatory formula.
DATES: Effective Date: This rule is
effective on December 30, 2013.
Comment date: Comments must be
received on or before February 28, 2014.
ADDRESSES: Written comments may be
submitted by email through https://
www.regulations.gov; by mail or handdelivery to Director, Regulation Policy
and Management (02REG), Department
of Veterans Affairs, 810 Vermont
Avenue NW., Room 1068, Washington,
DC 20420; or by fax to (202) 273–9026.
(This is not a toll-free number.)
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AO91, Copayments for Medications in
2014.’’ Copies of comments received
will be available for public inspection in
the Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8:00 a.m. and 4:30 p.m.
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SUMMARY:
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Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment. (This is not a toll-free
number.) In addition, during the
comment period, comments may be
viewed online through the Federal
Docket Management System (FDMS) at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Kristin Cunningham, Director, Business
Policy, Chief Business Office,
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420, (202) 382–2508. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: Under 38
U.S.C. 1722A(a), VA must require
veterans to pay a $2 copayment for each
30-day supply of medication furnished
on an outpatient basis for the treatment
of a non-service-connected disability or
condition unless a veteran has a serviceconnected disability rated 50 percent or
more, is a former prisoner of war, or has
an annual income at or below the
maximum annual rate of VA pension
that would be payable if the veteran
were eligible for pension. Under 38
U.S.C. 1722A(b), VA ‘‘may,’’ by
regulation, increase that copayment
amount and establish a maximum
annual copayment amount (a ‘‘cap’’).
We have consistently interpreted
section 1722A(b) to mean that VA has
discretion to determine the appropriate
copayment amount and annual cap
amount for medication furnished on an
outpatient basis for covered treatment,
provided that any decision by VA to
increase the copayment amount or
annual cap amount is the subject of a
rulemaking proceeding. We have
implemented this statute in 38 CFR
17.110.
Under 38 CFR 17.110(b)(1), veterans
are obligated to pay VA a copayment for
each 30-day or less supply of
medication provided by VA on an
outpatient basis (other than medication
administered during treatment). Under
the current regulation, for the period
from July 1, 2010, through December 31,
2013, the copayment amount for
veterans in priority categories 2 through
6 of VA’s health care system is $8. 38
CFR 17.110(b)(1)(ii). For the period July
1, 2010, through December 31, 2013, the
copayment amount for veterans in
priority categories 7 and 8 is $9. 38 CFR
17.110(b)(1)(iii). Thereafter, the
copayment amount for all affected
veterans is to be established using a
formula based on the prescription drug
component of the Medical Consumer
Price Index (CPI–P), set forth in 38 CFR
17.110(b)(1)(iv).
Current § 17.110(b)(2) also includes a
‘‘cap’’ on the total amount of
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79315
copayments in a calendar year for a
veteran enrolled in one of VA’s health
care enrollment system priority
categories 2 through 6. Through
December 31, 2013, the annual cap is set
at $960. Thereafter, the cap is to
increase ‘‘by $120 for each $1 increase
in the copayment amount’’ applicable to
veterans enrolled in one of VA’s health
care enrollment system priority
categories 2 through 6.
Current paragraph (b)(1)(i) provides
the amount for copayments for
medication immediately after VA
published revisions to this regulation on
December 31, 2009. 74 FR 69283, 69285.
However, the time period governed by
this paragraph, between January 1, 2010,
and June 30, 2010, has now passed. VA
is removing paragraph (b)(1)(i) to
simplify the regulation because this
provision is no longer necessary. VA is
redesignating the remaining paragraphs
accordingly and correcting the reference
in the note to § 17.110(b)(1).
On December 31, 2012, we published
an interim final rulemaking that ‘‘froze’’
copayments for veterans in priority
categories 2 through 6 at $8 and for
veterans in priority categories 7 and 8 at
$9, through December 31, 2013. 77 FR
76865, Dec. 31, 2012. This interim final
rule was made final on May 23, 2013.
78 FR 30767, May 23, 2013. In these
rulemakings, we stated that this freeze
was appropriate because, as justified in
prior rulemakings, higher copayments
reduced the utilization of VA pharmacy
benefits. 77 FR 76866. We continue to
believe this to be the case. The ability
to ensure that medications are taken as
prescribed is essential to effective health
care management. VA can monitor
whether its patients are refilling
prescriptions at regular intervals while
also checking for medications that may
interact with each other when these
prescriptions are filled by VA. When
non-VA providers are also issuing
prescriptions, there is a greater risk of
adverse interactions and harm to the
patient because it is more difficult for
each provider to assess if the patient is
taking any other medications.
Specifically, we are removing
December 31, 2013, in each place it
appears in the newly designated
paragraphs (b)(1)(i), (ii), and (iii), and
inserting December 31, 2014, to
continue to keep copayment rates and
caps at their current levels.
At the end of calendar year 2014,
unless additional rulemaking is
initiated, VA will once again utilize the
CPI-P methodology in the newly redesignated § 17.110(b)(1)(iii) to
determine whether to increase
copayments and calculate any mandated
increase in the copayment amount for
E:\FR\FM\30DER1.SGM
30DER1
]]>Agencies
[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Rules and Regulations]
[Pages 79312-79315]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31281]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0934]
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.
DATES: This rule is effective without actual notice from December 30,
2013 through 10 p.m. (HST) on January 5, 2014. For the purposes of
enforcement, actual notice will be used from 6 a.m. (HST) on December
20, 2013, through 10 p.m. (HST) on January 5, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0934. To view documents mentioned in this preamble as being
[[Page 79313]]
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
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. 3352), email Scott.O.Whaley@uscg.mil. If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
A. 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; therefore, a 30-day notice period
is impracticable. Delaying the effective date would be contrary to the
security zone's intended objectives of protecting the President,
mitigating potential terroristic acts and enhancing public and maritime
safety and security. Publishing a Notice of Public Rule Making (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. The COTP finds that this temporary security zone needs to be
effective by December 20, 2013, to ensure the safety of the President
while visiting the Kailua Bay area on the eastern coast of Oahu,
Hawaii.
B. Basis and Purpose
From December 20, 2013, through January 5, 2014, the President of
the United States plans to visit the Kailua Bay area on Oahu, Hawaii.
This position is located adjacent to U.S. navigable waters in the
Honolulu COTP Zone. The Coast Guard is establishing this security zone
to ensure the safety of the President.
C. Discussion of Temporary Final Rule
This temporary final rule is effective from 6 a.m. HST on December
20, 2013 through 10 p.m. HST on January 5, 2014. The security zone area
is located within the Honolulu COTP 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 225[deg]
(true) to 21[deg]25'11'' N, 157[deg]44'39'' W; as well as the nearby
channel from its entrance near Kapoho Point to a point 150-yards to the
south 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]44'39'' W and then extending back to
the original point 21[deg]24'56'' N, 157[deg]44'58'' W.
One (1) yellow buoy and 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 channel boundary south 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-2013-0934.
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 COTP. Any Coast
Guard commissioned, warrant, or petty officer, and any other COTP
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.
D. 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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on small entities. 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. 3352. The Coast Guard will not retaliate
against small entities that question or
[[Page 79314]]
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 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 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
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
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.T14-0934 to read as follows:
Sec. 165.T14-0934 Security Zone; On the Waters in Kailua Bay, Oahu,
HI.
(a) Location. The following area, within the COTP Honolulu 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
225[deg] (true) to the shoreline at 21[deg]25'11'' N, 157[deg]44'39''
W; 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]44'39'' W, 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 20, 2013, through 10 p.m. HST on January 5, 2014.
(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 section, Sec. 165.T14-0934.
(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 COTP.
(3) Persons desiring to transit the security zones identified in
paragraph (a) of this section may contact the COTP 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 COTP 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.
[[Page 79315]]
(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 zones
described in paragraph (a) of this section.
Dated: December 3, 2013.
S.N. Gilreath,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. 2013-31281 Filed 12-27-13; 8:45 am]
BILLING CODE 9110-04-P
