Security Zone; Kailua Bay, Oahu, HI, 78979-78981 [2015-31885]
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Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Rules and Regulations
consecutive weekends from 6 a.m. on
Saturday to 7 p.m. on Sunday on the
following dates: January 9 and 10;
January 23 and 24; January 30 and 31;
February 6 and 7; February 20 and 21;
and February 27 and 28, 2016.
The draw shall maintain its normal
operating schedule at all other times.
There are no alternate routes for
vessel traffic; however, vessels that can
pass under the closed draws during this
closure may do so at all times. The
bridge may be opened in the event of an
emergency.
The Coast Guard will inform the users
of the waterways through our Local
Notice and Broadcast to Mariners of the
change in operating schedule for the
bridge so that vessel operations can
arrange their transits to minimize any
impact caused by the temporary
deviation.
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 15, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2015–31842 Filed 12–17–15; 8:45 am]
BILLING CODE 9110–04–P
78979
spectators from hazards associated with
fireworks displays. During the
enforcement period, no person or vessel
may enter the safety zone without
permission from the Captain of the Port
(COTP).
The regulation for the safety
zone described in 33 CFR 165.160 will
be enforced on December 31, 2015 from
11:30 p.m. to 12:40 a.m. on January 1,
2016.
DATES:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
If
you have questions on this notice of
enforcement, call or email Marine
Science Technician First Class Daniel
Vazquez, Coast Guard; telephone 718–
354–4154, email daniel.vazquez@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
33 CFR Part 165
[Docket No. USCG–2015–1048]
Safety Zone; Circle Line Sightseeing
Fireworks, Liberty Island, Upper New
York Bay, Manhattan, NY
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone in the Captain of the Port
New York Zone on the specified date
and time. This action is necessary to
ensure the safety of vessels and
SUMMARY:
The Coast
Guard will enforce the safety zone listed
in 33 CFR 165.160 on the specified date
and time as indicated in Table 1 below.
This regulation was published in the
Federal Register on November 9, 2011
(76 FR 69614).
SUPPLEMENTARY INFORMATION:
TABLE 1
asabaliauskas on DSK5VPTVN1PROD with RULES
1. Circle Line Sightseeing Fireworks; Liberty Island Safety Zone; 33 CFR 165.168(a)(1).
Under the provisions of 33 CFR
165.160, a vessel may not enter the
regulated area unless given express
permission from the COTP or the
designated representative. Spectator
vessels may transit outside the regulated
area but may not anchor, block, loiter in,
or impede the transit of other vessels.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice of enforcement is issued
under authority of 33 CFR 165.160(a)
and 5 U.S.C. 552(a). In addition to this
notice in the Federal Register, the Coast
Guard will provide mariners with
advanced notification of enforcement
periods via the Local Notice to Mariners
and marine information broadcasts. If
the COTP determines that the regulated
area need not be enforced for the full
duration stated in this notice of
enforcement, a Broadcast Notice to
Mariners may be used to grant general
permission to enter the regulated area.
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Jkt 238001
• Launch site: A barge located in approximate position 40°41′16.5″ N., 074°02′23″ W. (NAD
1983), approximately 360 yards east of Liberty Island. This Safety Zone is a 180-yard radius
from the barge.
• Date: December 31, 2015–January 1, 2016.
• Time: 11:30 p.m.–12:40 a.m.
Dated: December 1, 2015.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2015–31910 Filed 12–17–15; 8:45 am]
BILLING CODE 9110–04–P
nearby channel from its entrance near
Kapoho Point to a point along the
channel 150 yards to the south of the N.
Kalaheo Avenue Road Bridge. This
security zone is necessary to ensure the
safety of the VIPs.
This rule is effective from 6:00
a.m. (HST) on December 18, 2015,
through 10:00 p.m. (HST) on January 3,
2016.
DATES:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–1030]
RIN 1625–AA87
Security Zone; Kailua Bay, Oahu, HI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary security zone
in support of a visit by very important
persons (VIPs). The security zone begins
on the navigable waters in Kailua Bay
on the west side of a line connecting
Kapoho Point and continuing at a
bearing of 227° (true) as well as the
SUMMARY:
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Frm 00021
Documents mentioned in
this preamble are part of docket USCG–
2015–1030. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
1030 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
Fmt 4700
Sfmt 4700
If
you have questions on this rule, call or
email Lieutenant Commander Nicolas
Jarboe, Waterways Management
Division, U.S. Coast Guard Sector
Honolulu; telephone (808) 541–4359,
email Nicolas.a.jarboe@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
E:\FR\FM\18DER1.SGM
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78980
Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Rules and Regulations
well as the nearby channel from its
entrance near Kapoho Point to a point
along the channel 150 yards to the south
of the N. Kalaheo Avenue Road Bridge.
The Captain of the Port of Honolulu
(COTP) has determined that there is
reasonable potential for terroristic acts
associated with the VIPs visit to the
Kailua Bay area, and that a security zone
is necessary to ensure their safety.
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
TFR Temporary final rule
Pub. L. Public Law
§ Section
U.S.C. United States Code
VIP Very Important Person
asabaliauskas on DSK5VPTVN1PROD with RULES
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553 (b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency, for good
cause, finds those procedures are
‘‘impractical, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register. The
details of the VIPs’ 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 VIPs; 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 VIPs, mitigating
potential terroristic acts, enhancing
public and maritime safety and security.
Publishing a Notice of Proposed
Rulemaking (NPRM) and delaying the
effective date would be contrary to the
public interest since the occasion would
occur before a notice-and-comment
rulemaking could be completed, thereby
jeopardizing the safety of the VIPs. The
COTP finds that this temporary security
zone must be effective by December 18,
2015 to ensure the safety of the VIPs
during their visit to the Kailua Bay area
on the eastern coast of Oahu, Hawaii.
The Coast Guard received the official
request on November 1, 2015.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority in 33 U.S.C. 1231.
From December 18, 2015 through
January 3, 2016, VIPs of the United
States of America plans to visit the
Kailua Bay area on Oahu, Hawaii. The
security zone begins on the navigable
waters in Kailua Bay on the west side
of a line connecting Kapoho Point and
continuing at a bearing of 227° (true) as
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17:22 Dec 17, 2015
Jkt 238001
IV. Discussion of Comments, Changes,
and the Rule
This temporary final rule establishes
a security zone from 6:00 a.m. (HST) on
December 18, 2015, through 10:00 p.m.
(HST) on January 03, 2016. The security
zone area is located within the 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 227° (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 along the
channel 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 a point 21°25′04″ N.,
157°44′54″ W., then extending to
21°25′27″ 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 the extending back
to the original point 21°25′04″ N.,
157°44′54″ 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 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–2015–1030. No
vessel or person will be permitted to
enter the security zone without
obtaining permission from the COTP or
a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on these statutes and
executive orders.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies
to assess the costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
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Fmt 4700
Sfmt 4700
regulatory approaches that maximize
net benefits. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Coast Guard expects the
economical impact of this rule to be so
minimal that a full Regulatory
Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This expectation is based on the limited
duration of the zone, the limited
geographic area affected by it, and the
lack of commercial vessel traffic affected
by the zone. This rule has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
it has not been reviewed by the Office
of Management and Budget.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the security
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
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Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Rules and Regulations
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under E.O. 13132, Federalism, if it has
a substantial direct effect on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this rule under that Order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132.
Also, this rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
asabaliauskas on DSK5VPTVN1PROD with RULES
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
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17:22 Dec 17, 2015
Jkt 238001
individually or cumulatively have a
significant effect on the human
environment. It is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T14–1030 to read as
follows:
■
§ 165.T14–1030
Oahu, HI.
Security Zone; Kailua Bay,
(a) Location. The security zone area is
located within the Captain of the Port
(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 227° (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 along the
channel 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 a point 21°24′56″ N.,
157°44′58″ W., then extending to
21°25′27″ 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 extending back to
the original point 21°24′56″ N.,
157°44′58″ W.
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78981
(b) Effective period. 6:00 a.m. (HST)
on December 18 2015, through 10:00
p.m. (HST) on January 3, 2016.
(c) Regulations. The general
regulations governing security zones
contained in § 165.33 of subpart D of
this part apply to the security zone
created by this temporary regulations.
(1) All persons are required to comply
with the general regulations governing
security zones found in this part.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the COTP.
(3) Persons desiring to transit the
security zones identified in paragraph
(a) of this section may contact the COTP
at the Command Center telephone
number (808) 842–2600 and (808) 842–
2601, fax (808) 842–2642 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 in the
zone.
(4) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the security zone by Federal, State,
and local agencies.
(d) Notice of enforcement. The COTP
will cause notice of the enforcement of
the security zone described in this
section to be made by verbal broadcasts
and written notice to mariners and the
general public.
(e) Definitions. As used in this
section, designated representative
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the COTP to assist in
enforcing the security zones described
in paragraph (a) of this section.
Dated: November 30, 2015.
S.N. Gilreath,
Captain, U.S. Coast Guard, Captain of the
Port, Honolulu.
[FR Doc. 2015–31885 Filed 12–15–15; 4:15 pm]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2015–0258; FRL–9940–32–
Region 10]
Approval and Promulgation of
Implementation Plans; Idaho:
Interstate Transport of Ozone
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
E:\FR\FM\18DER1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Rules and Regulations]
[Pages 78979-78981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31885]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-1030]
RIN 1625-AA87
Security Zone; Kailua Bay, Oahu, HI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone in
support of a visit by very important persons (VIPs). The security zone
begins on the navigable waters in Kailua Bay on the west side of a line
connecting Kapoho Point and continuing at a bearing of 227[deg] (true)
as well as the nearby channel from its entrance near Kapoho Point to a
point along the channel 150 yards to the south of the N. Kalaheo Avenue
Road Bridge. This security zone is necessary to ensure the safety of
the VIPs.
DATES: This rule is effective from 6:00 a.m. (HST) on December 18,
2015, through 10:00 p.m. (HST) on January 3, 2016.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-1030. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2015-1030 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Nicolas Jarboe, Waterways Management
Division, U.S. Coast Guard Sector Honolulu; telephone (808) 541-4359,
email Nicolas.a.jarboe@uscg.mil.
SUPPLEMENTARY INFORMATION:
[[Page 78980]]
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
TFR Temporary final rule
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
VIP Very Important Person
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553 (b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency, for good cause, finds those
procedures are ``impractical, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. The details of the VIPs' 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
VIPs; 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 VIPs, mitigating potential terroristic
acts, enhancing public and maritime safety and security. Publishing a
Notice of Proposed Rulemaking (NPRM) and delaying the effective date
would be contrary to the public interest since the occasion would occur
before a notice-and-comment rulemaking could be completed, thereby
jeopardizing the safety of the VIPs. The COTP finds that this temporary
security zone must be effective by December 18, 2015 to ensure the
safety of the VIPs during their visit to the Kailua Bay area on the
eastern coast of Oahu, Hawaii. The Coast Guard received the official
request on November 1, 2015.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 33
U.S.C. 1231. From December 18, 2015 through January 3, 2016, VIPs of
the United States of America plans to visit the Kailua Bay area on
Oahu, Hawaii. The security zone begins on the navigable waters in
Kailua Bay on the west side of a line connecting Kapoho Point and
continuing at a bearing of 227[deg] (true) as well as the nearby
channel from its entrance near Kapoho Point to a point along the
channel 150 yards to the south of the N. Kalaheo Avenue Road Bridge.
The Captain of the Port of Honolulu (COTP) has determined that there is
reasonable potential for terroristic acts associated with the VIPs
visit to the Kailua Bay area, and that a security zone is necessary to
ensure their safety.
IV. Discussion of Comments, Changes, and the Rule
This temporary final rule establishes a security zone from 6:00
a.m. (HST) on December 18, 2015, through 10:00 p.m. (HST) on January
03, 2016. The security zone area is located within the 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 227[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 along the channel 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 a point 21[deg]25'04'' N., 157[deg]44'54'' W., then
extending to 21[deg]25'27'' N., 157[deg]44'21'' W. (Kapoho Point)
including all the waters to the west of a straight line to
21[deg]25'11'' N., 157[deg]44'39'' W., and the extending back to the
original point 21[deg]25'04'' N., 157[deg]44'54'' 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 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-
2015-1030. No vessel or person will be permitted to enter the security
zone without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on these statutes and executive orders.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. The Coast Guard expects the economical impact of this rule
to be so minimal that a full Regulatory Evaluation under the regulatory
policies and procedures of DHS is unnecessary. This expectation is
based on the limited duration of the zone, the limited geographic area
affected by it, and the lack of commercial vessel traffic affected by
the zone. This rule has not been designated a ``significant regulatory
action,'' under E.O. 12866. Accordingly, it has not been reviewed by
the Office of Management and Budget.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The
[[Page 78981]]
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T14-1030 to read as follows:
Sec. 165.T14-1030 Security Zone; Kailua Bay, Oahu, HI.
(a) Location. The security zone area is located within the Captain
of the Port (COTP) Zone (See 33 CFR 3.70-10) and 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 227[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 along the channel 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 a point
21[deg]24'56'' N., 157[deg]44'58'' W., then extending to 21[deg]25'27''
N., 157[deg]44'21'' W. (Kapoho Point) including all the waters to the
west of a straight line to 21[deg]25'11'' N., 157[deg]44'39'' W., and
extending back to the original point 21[deg]24'56'' N., 157[deg]44'58''
W.
(b) Effective period. 6:00 a.m. (HST) on December 18 2015, through
10:00 p.m. (HST) on January 3, 2016.
(c) Regulations. The general regulations governing security zones
contained in Sec. 165.33 of subpart D of this part apply to the
security zone created by this temporary regulations.
(1) All persons are required to comply with the general regulations
governing security zones found in this part.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the COTP.
(3) Persons desiring to transit the security zones identified in
paragraph (a) of this section may contact the COTP at the Command
Center telephone number (808) 842-2600 and (808) 842-2601, fax (808)
842-2642 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 in the zone.
(4) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the security zone by Federal, State, and local agencies.
(d) Notice of enforcement. The COTP will cause notice of the
enforcement of the security zone described in this section to be made
by verbal broadcasts and written notice to mariners and the general
public.
(e) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the COTP to assist in enforcing the security zones
described in paragraph (a) of this section.
Dated: November 30, 2015.
S.N. Gilreath,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. 2015-31885 Filed 12-15-15; 4:15 pm]
BILLING CODE 9110-04-P
