Security Zone; On the Waters in Kailua Bay, Oahu, HI, 79312-79315 [2013-31281]

Download as PDF 79312 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] wreier-aviles on DSK5TPTVN1PROD with RULES BILLING CODE 4210–67–P 6 Some PHAs are required, by statute, to carry out a FSS program; see 42 U.S.C. 1437u. VerDate Mar<15>2010 15:10 Dec 27, 2013 Jkt 232001 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 http://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 SUMMARY: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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: E:\FR\FM\30DER1.SGM 30DER1 Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations available in the docket, go to http:// 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: wreier-aviles on DSK5TPTVN1PROD with RULES 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 VerDate Mar<15>2010 15:10 Dec 27, 2013 Jkt 232001 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. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 79313 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 E:\FR\FM\30DER1.SGM 30DER1 79314 Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations 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. wreier-aviles on DSK5TPTVN1PROD with RULES 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 VerDate Mar<15>2010 15:10 Dec 27, 2013 Jkt 232001 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: ■ PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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. E:\FR\FM\30DER1.SGM 30DER1 Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations (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 http:// 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. wreier-aviles on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:10 Dec 27, 2013 Jkt 232001 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 http://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 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 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 http://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