Security Zones, 2011 Asia-Pacific Economic Cooperation Conference, Oahu, HI, 61950-61954 [2011-25855]
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Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations
channel 16 or by telephone at (203)
468–4404 to obtain permission to do so.
(d) Spectators shall not anchor, block,
loiter, or impede the transit of event
participants or official patrol vessels in
the regulated areas during the effective
dates and times, or dates and times as
modified through the Local Notice to
Mariners, unless authorized by COTP or
designated representative.
(e) The COTP or designated
representative may delay or terminate
any marine event in this subpart at any
time it is deemed necessary to ensure
the safety of life or property.
(f) The regulated area for all fireworks
displays listed in the TABLE of
§ 165.T01–0870 is that area of navigable
waters within a 1000 foot radius of the
launch platform or launch site for each
fireworks display. Fireworks barges
used in these locations will also have a
sign on their port and starboard side
labeled ‘‘FIREWORKS—STAY AWAY.’’
This sign will consist of 10 inch high by
1.5 inch wide red lettering on a white
background. Shore sites used in these
locations will display a sign labeled
‘‘FIREWORKS—STAY AWAY’’ with the
same dimensions.
TABLE OF § 165.T01–0870
Fireworks display events
1
CDM Chamber of Commerce Annual Music Festival Fireworks ........
•
•
•
•
2
Dooley Wedding Fireworks .................................................................
•
•
•
•
3
Charles W. Morgan 70th Anniversary Fireworks ................................
•
•
•
Dated: September 23, 2011.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2011–25816 Filed 10–5–11; 8:45 am]
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
ACTION: Temporary interim rule; request
for comments.
AGENCY:
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
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SUMMARY:
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Date: September 24, 2011.
Rain date: September 25, 2011.
Time: 8:30 p.m. to 10:30 p.m.
Location: A point off of Cedar Beach Town Park, Mount Sinai, NY in
approximate position 40°57′54.02″ N, 073°01′57.52″ W (NAD 83).
Date: October 1, 2011.
Rain Date: October 2, 2011.
Time: 8:30 p.m. to 10:30 p.m.
Location: A point off of Oyster Bay Harbor, Mill Neck, NY in approximate position 40°53′04.27″ N, 073°32′38.53″ W (NAD 83).
Date: October 28, 2011.
Time: 8:30 p.m. to 10:30 p.m.
Location: A point on the Mystic River, Mystic, CT in approximate position 41°21′56.455″ N, 071°57′58.32″ W (NAD 83).
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 § 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 § 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 § 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:
https://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
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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
Scott.O.Whaley@uscg.mil. 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 https://
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
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suggestion or recommendation. You
may submit your comments and
material online (via https://
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 https://
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
https://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 81⁄2 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
https://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
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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°19′23.63″ N,
158°07′20.83″ W; to 21°18′49.59″ N,
158°07′52.68″ W; then north to
21°21′17.96″ N, 158°08′36.75″ W; then
due east to 21°21′18.70″ N,
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158°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°16′40.33″ N,
157°50′01.26″ W; to 21°16′10.20″ N,
157°50′37.55″ W; to 21°16′29.28″ N,
157°50′56.69″ W; to 21°16′53.95″ N,
157°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°16′36.20″ N,
157°49′46.91″ W; to 21°16′05.04″ N,
157°50′20.56″ W; to 21°16′14.87″ N,
157°50′30.98″ W; to 21°16′40.33″ N,
157°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 https://www.regulations.gov in
docket USCG–2011–0800. It provides a
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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.
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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 postpromulgation 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
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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
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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)
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did not consider the use of voluntary
consensus standards.
and 3(b)(2) of Executive Order 12988,
Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and
reduce burden.
Environment
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.
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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
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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
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.
2. Add temporary § 165.T14–0800 to
read as follows:
■
§ 165.T14–0800 Security Zones; 2011 AsiaPacific 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°19′23.63″ N,
158°07′20.83″ W; to 21°18′49.59″ N,
158°07′52.68″ W; then north to
21°21′17.96″ N, 158°08′36.75″ W; then
due east to 21°21′18.70″ N,
158°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°16′40.33″ N,
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61953
157°50′01.26″ W; to 21°16′10.20″ N,
157°50′37.55″ W; to 21°16′29.28″ N,
157°50′56.69″ W; to 21°16′53.95″ N,
157°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°16′36.20″ N,
157°49′46.91″ W; to 21°16′05.04″ N,
157°50′20.56″ W; to 21°16′14.87″ N,
157°50′30.98″ W; to 21°16′40.33″ N,
157°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
https://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
E:\FR\FM\06OCR1.SGM
06OCR1
61954
Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations
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
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2011–0002; Internal
Agency Docket No. FEMA–8201]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
wreier-aviles on DSK7SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:01 Oct 05, 2011
Jkt 226001
Street, SW., Washington, DC 20472,
(202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
communities agree to adopt and
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
coverage as authorized under the NFIP,
42 U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with program regulations, 44 CFR part
59. Accordingly, the communities will
be suspended on the effective date in
the third column. As of that date, flood
insurance will no longer be available in
the community. However, some of these
communities may adopt and submit the
required documentation of legally
enforceable floodplain management
measures after this rule is published but
prior to the actual suspension date.
These communities will not be
suspended and will continue their
eligibility for the sale of insurance. A
notice withdrawing the suspension of
the communities will be published in
the Federal Register.
In addition, FEMA has identified the
Special Flood Hazard Areas (SFHAs) in
these communities by publishing a
Flood Insurance Rate Map (FIRM). The
date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may legally be provided for
construction or acquisition of buildings
in identified SFHAs for communities
not participating in the NFIP and
identified for more than a year, on
FEMA’s initial flood insurance map of
the community as having flood-prone
areas (section 202(a) of the Flood
Disaster Protection Act of 1973, 42
U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment under 5 U.S.C. 553(b)
are impracticable and unnecessary
because communities listed in this final
rule have been adequately notified.
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR part 10,
Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits flood insurance coverage
unless an appropriate public body
adopts adequate floodplain management
measures with effective enforcement
measures. The communities listed no
longer comply with the statutory
requirements, and after the effective
date, flood insurance will no longer be
available in the communities unless
remedial action takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Paperwork Reduction Act. This rule
does not involve any collection of
information for purposes of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is
amended as follows:
PART 64—[AMENDED]
1. The authority citation for part 64
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp.; p. 376.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
E:\FR\FM\06OCR1.SGM
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Agencies
[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Rules and Regulations]
[Pages 61950-61954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25855]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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 Scott.O.Whaley@uscg.mil. 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 https://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 https://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 https://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 https://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 https://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 https://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 https://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