Security Zone; Kailua Bay, Oahu, HI, 58846-58849 [2016-20530]

Download as PDF 58846 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations Dated: August 23, 2016. Morgan Park, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2016–20486 Filed 8–25–16; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0783] Drawbridge Operation Regulation; Chester River, Chestertown, MD Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the S213 (MD 213) Bridge across the Chester River, mile 26.8, at Chestertown, MD. The deviation is necessary to facilitate bridge maintenance. This deviation allows the bridge to remain in the closed-to-navigation position. DATES: The deviation is effective 8 p.m. on Tuesday, September 6, 2016 to 6 a.m. on Sunday, October 30, 2016. ADDRESSES: The docket for this deviation, [USCG–2016–0783] 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mr. Michael Thorogood, Bridge Administration Branch Fifth District, Coast Guard, telephone 757–398–6557, email Michael.R.Thorogood@uscg.mil. SUPPLEMENTARY INFORMATION: The Maryland State Highway Administration, who owns and operates the S213 (MD 213) Bridge, has requested a temporary deviation from the current operating regulations set out in 33 CFR 117.551, to facilitate painting of the bridge. Under this temporary deviation, the bridge will be in the closed-tonavigation position from 8 p.m. September 6, 2016 to 6 a.m. October 30, 2016. The bridge is a double bascule drawbridge and has a vertical clearance in the closed-to-navigation position of 12 feet above mean high water. The Chester River is used by recreational vessels. The Coast Guard has carefully considered the nature and ehiers on DSK5VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 14:39 Aug 25, 2016 Jkt 238001 volume of vessel traffic on the waterway in publishing this temporary deviation. For the duration of the bridge maintenance, vessels will not be allowed to pass through the bridge due to placement of barges and equipment in the main navigation span. The bridge will open for vessels on signal during the scheduled closure periods, if at least 24 hours notice is given. The bridge will not be able to open for emergencies and there is no immediate alternative route for vessels to pass. The Coast Guard will also inform the users of the waterway through our Local Notice and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators 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: August 19, 2016. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2016–20482 Filed 8–25–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard Division, MSU Portland, U.S. Coast Guard; telephone 503–240–9319, email MSUPDXWWM@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone for the Portland Dragon Boat Races detailed in 33 CFR 165.1341 from 8 a.m. to 6 p.m., on both Saturday, September 10, 2016, and Sunday, September 11, 2016. This action is necessary to ensure the safety of maritime traffic, including public vessels present, on the Willamette River during the Portland Dragon Boat Races. Our regulations for the Portland Dragon Boat Races in § 165.1341 specify the location of the regulated area for this event. Under the provisions of 33 CFR 165.1341 and 33 CFR part 165, subpart C, no person or vessel may enter or remain in the safety zone without permission from the Sector Columbia River Captain of the Port. Persons or vessels wishing to enter the safety zone may request permission to do so from the on-scene Captain of the Port representative via VHF Channel 16 or 13. The Coast Guard may be assisted by other Federal, State, or local enforcement agencies in enforcing this regulation. This notice of enforcement is issued under the authority of 33 CFR 165.1341 and 5 U.S.C. 552(a). In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners and marine information broadcasts. Dated: August 22, 2016. W. R. Timmons, Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River. 33 CFR Part 165 [Docket No. USCG–2016–0804] [FR Doc. 2016–20480 Filed 8–25–16; 8:45 am] Safety Zone; Portland Dragon Boat Races, Portland, OR BILLING CODE 9110–04–P Coast Guard, DHS. Notice of enforcement of regulation. DEPARTMENT OF HOMELAND SECURITY AGENCY: ACTION: The Coast Guard will enforce its Portland Dragon Boat Races safety zone regulations on September 10 and 11, 2016. Our regulations for this safety zone identifies the regulated area for this event. During the enforcement period, no person or vessel may enter or remain in the safety zone without permission from the Sector Columbia River Captain of the Port. DATES: The regulations in 33 CFR 165.1341 will be enforced from 8 a.m. to 6 p.m., on both September 10, 2016, and September 11, 2016. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Mr. Ken Lawrenson, Waterways Management SUMMARY: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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 for the protection of a very important person (VIP). This VIP will be staying on beachfront property in close proximity to Kailua Bay. It is necessary to restrict waterway access to vessels and persons to prevent waterside threats SUMMARY: E:\FR\FM\26AUR1.SGM 26AUR1 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations to the VIP. The security zone encompasses two primary areas from the surface of the water to the ocean floor from the navigable waters of the Kawainui Canal, beginning 150 yards south of the N. Kalaheo Avenue Road Bridge and continuing into Kailua Bay; and the navigable waters of Kailua Bay beginning at Kapoho Point and extending in a southwesterly direction to the shore boundary of a property located at 123 Kailuana Loop, Kailua, HI 96734. Entry of persons or vessels into the security zone is prohibited unless authorized by the Captain of the Port (COTP) Honolulu or a designated representative. DATES: This rule is effective from 4:00 p.m. (HST) on August 30, 2016, through 11:30 p.m. (HST) on September 2, 2016. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2015–1030. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2015– 1030 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander Nicolas Jarboe, Waterways Management Division, U.S. Coast Guard Sector Honolulu; telephone (808) 541–4359, email Nicolas.a.jarboe@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations ehiers on DSK5VPTVN1PROD with RULES CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking TFR Temporary final rule Pub. L. Public Law § Section U.S.C. United States Code VIP Very Important Person II. Background Information and Regulatory History The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) [5 U.S.C. 553(b)]. This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency, for good cause, finds those procedures are ‘‘impractical, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for not publishing an NPRM and for making this rule effective less than 30 days after publication in the Federal Register. The Coast Guard VerDate Sep<11>2014 14:39 Aug 25, 2016 Jkt 238001 further finds that it would be impractical to issue an NPRM with respect to this rule because details of the VIP’s travel to Hawaii were not provided to the Coast Guard until August 9, 2016, preventing the Coast Guard from completing full notice-andcomment rulemaking procedures. Publishing an NPRM and delaying the effective date would be contrary to the security zone’s intended objectives, including but not limited to protection of the VIP, mitigation of potential terrorist risks, and enhancing public and maritime security. Publishing a Notice of Proposed Rulemaking (NPRM) and delaying the effective date would be contrary to the public interest since the occasion would occur before a noticeand-comment rulemaking could be completed, thereby jeopardizing the safety of the VIP. The COTP finds this temporary security zone must be effective by August 30, 2016 to ensure the safety of the VIP during his visit to the Kailua Bay area on the eastern coast of Oahu, Hawaii. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under the authority in 33 U.S.C. 1231. From August 30, 2016 through September 2, 2016, a VIP of the United States of America plans to visit the Kailua Bay area on Oahu, Hawaii. The security zone encompasses two primary areas from the surface of the water to the ocean floor: (1) The navigable waters of the Kawainui Canal, beginning 150 yards south of the N. Kalaheo Avenue Road Bridge and continuing into Kailua Bay; and (2) the navigable waters of Kailua Bay beginning at Kapoho Point and extending in a southwesterly direction to the shore boundary of a property located at 123 Kailuana Loop, Kailua, HI 96734. The Captain of the Port of Honolulu (COTP) has determined the potential risks associated with the VIP’s visit to the Kailua Bay area render a security zone necessary to ensure the VIP’s safety. Entry of persons or vessels into the security zone is prohibited unless authorized by the Captain of the Port (COTP) Honolulu or a designated representative. IV. Discussion of Comments, Changes, and the Rule This temporary final rule establishes a security zone from 4:00 p.m. (HST) on August 30, 2016, through 11:30 p.m. (HST) on September 2, 2016. The security zone encompasses two primary areas from the surface of the water to the ocean floor: (1) The navigable waters of the Kawainui Canal, beginning 150 yards south of the N. Kalaheo Avenue PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 58847 Road Bridge and continuing into Kailua Bay; and (2) the navigable waters of Kailua Bay beginning at Kapoho Point and extending in a southwesterly direction to the shore boundary of a property located at 123 Kailuana Loop, Kailua, HI 96734. Two (2) shore-side markers will be placed in proximity of the security zone along the security zone boundary and one (1) orange boom will be placed at the canal boundary south of the N. Kalaheo Avenue Road Bridge as visual aids for mariners and public to approximate the zone. An illustration of the security zone will be made available on www.regulations.gov in the docket for this rulemaking, USCG–2015–1030. No vessel or person will be permitted to enter the security zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Coast Guard expects the economical impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. This expectation is based on the limited duration of the zone, the limited geographic area affected by it, and the lack of commercial vessel traffic affected by the zone. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions E:\FR\FM\26AUR1.SGM 26AUR1 58848 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the security zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. ehiers on DSK5VPTVN1PROD with RULES C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial VerDate Sep<11>2014 14:39 Aug 25, 2016 Jkt 238001 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: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 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 encompasses two primary areas from the surface of the water to the ocean floor: (1) The navigable waters of the Kawainui Canal, beginning 150 yards south of the N. Kalaheo Avenue Road Bridge and continuing into Kailua Bay; and (2) The navigable waters of Kailua Bay beginning at Kapoho Point and extending in a southwesterly direction to the shore boundary of a property located at 123 Kailuana Loop, Kailua, HI 96734. The geographic coordinates of the zone include the navigable waters of the Kawainui Canal beginning at a point 21°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. (b) Effective period. This rule is effective from 4:00 p.m. (HST) on August 30, 2016, through 11:30 p.m. (HST) on September 2, 2016. (c) Regulations. The general regulations governing security zones contained in § 165.33 apply to the security zone created by this temporary final rule. (1) All persons and vessels are required to comply with the general regulations governing security zones found in this part. (2) Entry into or remaining in this zone is prohibited unless authorized by the COTP or his designated representative. (3) Persons or vessels desiring to transit the security zone identified in paragraph (a) of this section may contact the COTP through his designated representatives at the Command Center via telephone: (808) 842–2600 and (808) 842–2601; fax: (808) 842–2642; or on VHF channel 16 (156.8 Mhz) to request permission to transit the zones. If permission is granted, all persons and vessels must comply with the E:\FR\FM\26AUR1.SGM 26AUR1 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations instructions of the COTP or his designated representative and proceed at the minimum speed necessary to maintain a safe course while in the zone. (4) The U.S. Coast Guard may be assisted in the patrol and enforcement of the security zone by Federal, State, and local agencies. (d) Notice of enforcement. The COTP will cause notice of the enforcement of the security zone described in this section to be made by verbal broadcasts and written notice to mariners and the general public. (e) Definitions. As used in this section, designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the COTP to assist in enforcing the security zone described in paragraph (a) of this section. NA Dated: August 16, 2016. M.C. Long, Captain, U.S. Coast Guard, Captain of the Port, Honolulu. The Environmental Protection Agency (EPA) is partially approving and partially disapproving elements of a New York State Implementation Plan (SIP) submittal pertaining to the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 ozone National Ambient Air Quality Standard (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state’s air quality management program are adequate to meet the state’s responsibilities under the CAA. This action pertains specifically to infrastructure requirements concerning interstate transport provisions. DATES: This rule is effective on September 26, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R02–OAR–2016–0320. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy. Publicly available docket materials are available either electronically through http://www.regulations.gov or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional information. FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, 212–637–3702, fradkin.kenneth@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we’’, ‘‘us’’, and ‘‘our’’ means EPA. BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2015–0402; FRL–9945–13– Region 1] Air Plan Approval; Rhode Island; Infrastructure State Implementation Plan Requirements for Particle Matter, Ozone, Lead, Nitrogen Dioxide and Sulfur Dioxide ehiers on DSK5VPTVN1PROD with RULES Correction In rule document 2016–08913, appearing on pages 23175–23180 in the issue of Wednesday, April 20, 2016, make the following correction: On page 23177, in the first column, in the first paragraph following the table, lines 1–23, should read as follows: In the above table, the key is as follows: A Approve A* Approve, but conditionally approve aspect of PSD program relating to the identification of NOX as a precursor for ozone and addressing the changes made to 40 CFR part 51.116 in EPA’s October 20, 2010 rulemaking (75 FR 64864) concerning emissions of fine particulate. D Disapprove, but no further action required because federal regulations already in place. + Not germane to infrastructure SIPs. NI Not included in the September 10, 2008 (PM2.5), January 2, 2013 (ozone and NO2), and May 30, 2013 (SO2) submittals which are the subject of today’s action. NT Not taking action in today’s action. NS No Submittal. 14:39 Aug 25, 2016 Jkt 238001 BILLING CODE 1505–01–D ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R02–OAR–2016–0320; FRL–9951–49– Region 2] Partial Approval and Partial Disapproval of Air Quality Implementation Plans; New York; Interstate Transport Infrastructure SIP Requirements for the 2008 Ozone NAAQS Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: [FR Doc. 2016–20530 Filed 8–25–16; 8:45 am] VerDate Sep<11>2014 Not applicable. [FR Doc. C1–2016–08913 Filed 8–25–16; 8:45 am] I. Background PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 58849 II. What action did EPA propose on the SIP submission? III. What comments did EPA receive in response to its proposal? IV. What action is EPA taking? V. What are the consequences of a disapproved SIP? VI. Statutory and Executive Order Reviews I. Background This rulemaking addresses CAA section 110(a)(2)(D)(i) requirements in New York’s infrastructure SIP submitted on April 4, 2013 to address applicable infrastructure requirements with respect to the 2008 ozone NAAQS. The requirement for states to make a SIP submission of this type arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions ‘‘within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),’’ and these SIP submissions are to provide for the ‘‘implementation, maintenance, and enforcement’’ of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA’s taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ‘‘[e]ach such plan’’ submission must address. EPA commonly refers to such state plans as ‘‘infrastructure SIPs.’’ In particular, section 110(a)(2)(D)(i)(I) requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS (commonly referred to as prong 1), or interfering with maintenance of the NAAQS (prong 2), in any another state. Section 110(a)(2)(D)(i)(II) requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from interfering with measures required to prevent significant deterioration (PSD) of air quality (prong 3) and to protect visibility (prong 4) in another state. This rulemaking addresses prongs 1, 2, and 4 of CAA section 110(a)(2)(D)(i). EPA will address the other portions of the April 4, 2013 infrastructure SIP submittal, including prong 3 pertaining to CAA section 110(a)(2)(D)(i)(II), in another action. II. What action did EPA propose on the SIP submission? The proposed rulemaking associated with this final action was published on June 21, 2016 (81 FR 40229). In that action, EPA proposed to disapprove the portions of New York’s April 4, 2013 E:\FR\FM\26AUR1.SGM 26AUR1

Agencies

[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Rules and Regulations]
[Pages 58846-58849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20530]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1030]
RIN 1625-AA87


Security Zone; Kailua Bay, Oahu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
the protection of a very important person (VIP). This VIP will be 
staying on beachfront property in close proximity to Kailua Bay. It is 
necessary to restrict waterway access to vessels and persons to prevent 
waterside threats

[[Page 58847]]

to the VIP. The security zone encompasses two primary areas from the 
surface of the water to the ocean floor from the navigable waters of 
the Kawainui Canal, beginning 150 yards south of the N. Kalaheo Avenue 
Road Bridge and continuing into Kailua Bay; and the navigable waters of 
Kailua Bay beginning at Kapoho Point and extending in a southwesterly 
direction to the shore boundary of a property located at 123 Kailuana 
Loop, Kailua, HI 96734. Entry of persons or vessels into the security 
zone is prohibited unless authorized by the Captain of the Port (COTP) 
Honolulu or a designated representative.

DATES: This rule is effective from 4:00 p.m. (HST) on August 30, 2016, 
through 11:30 p.m. (HST) on September 2, 2016.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-1030. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1030 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Nicolas Jarboe, Waterways Management 
Division, U.S. Coast Guard Sector Honolulu; telephone (808) 541-4359, 
email Nicolas.a.jarboe@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
TFR Temporary final rule
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
VIP Very Important Person

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) [5 U.S.C. 553(b)]. This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency, for good cause, finds those 
procedures are ``impractical, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for not publishing an NPRM and for making this rule 
effective less than 30 days after publication in the Federal Register. 
The Coast Guard further finds that it would be impractical to issue an 
NPRM with respect to this rule because details of the VIP's travel to 
Hawaii were not provided to the Coast Guard until August 9, 2016, 
preventing the Coast Guard from completing full notice-and-comment 
rulemaking procedures. Publishing an NPRM and delaying the effective 
date would be contrary to the security zone's intended objectives, 
including but not limited to protection of the VIP, mitigation of 
potential terrorist risks, and enhancing public and maritime security. 
Publishing a Notice of Proposed Rulemaking (NPRM) and delaying the 
effective date would be contrary to the public interest since the 
occasion would occur before a notice-and-comment rulemaking could be 
completed, thereby jeopardizing the safety of the VIP. The COTP finds 
this temporary security zone must be effective by August 30, 2016 to 
ensure the safety of the VIP during his visit to the Kailua Bay area on 
the eastern coast of Oahu, Hawaii.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 33 
U.S.C. 1231. From August 30, 2016 through September 2, 2016, a VIP of 
the United States of America plans to visit the Kailua Bay area on 
Oahu, Hawaii. The security zone encompasses two primary areas from the 
surface of the water to the ocean floor: (1) The navigable waters of 
the Kawainui Canal, beginning 150 yards south of the N. Kalaheo Avenue 
Road Bridge and continuing into Kailua Bay; and (2) the navigable 
waters of Kailua Bay beginning at Kapoho Point and extending in a 
southwesterly direction to the shore boundary of a property located at 
123 Kailuana Loop, Kailua, HI 96734. The Captain of the Port of 
Honolulu (COTP) has determined the potential risks associated with the 
VIP's visit to the Kailua Bay area render a security zone necessary to 
ensure the VIP's safety. Entry of persons or vessels into the security 
zone is prohibited unless authorized by the Captain of the Port (COTP) 
Honolulu or a designated representative.

IV. Discussion of Comments, Changes, and the Rule

    This temporary final rule establishes a security zone from 4:00 
p.m. (HST) on August 30, 2016, through 11:30 p.m. (HST) on September 2, 
2016. The security zone encompasses two primary areas from the surface 
of the water to the ocean floor: (1) The navigable waters of the 
Kawainui Canal, beginning 150 yards south of the N. Kalaheo Avenue Road 
Bridge and continuing into Kailua Bay; and (2) the navigable waters of 
Kailua Bay beginning at Kapoho Point and extending in a southwesterly 
direction to the shore boundary of a property located at 123 Kailuana 
Loop, Kailua, HI 96734.
    Two (2) shore-side markers will be placed in proximity of the 
security zone along the security zone boundary and one (1) orange boom 
will be placed at the canal boundary south of the N. Kalaheo Avenue 
Road Bridge as visual aids for mariners and public to approximate the 
zone. An illustration of the security zone will be made available on 
www.regulations.gov in the docket for this rulemaking, USCG-2015-1030. 
No vessel or person will be permitted to enter the security zone 
without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. The Coast Guard expects the 
economical impact of this rule to be so minimal that a full Regulatory 
Evaluation under the regulatory policies and procedures of DHS is 
unnecessary. This expectation is based on the limited duration of the 
zone, the limited geographic area affected by it, and the lack of 
commercial vessel traffic affected by the zone. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions

[[Page 58848]]

with populations of less than 50,000. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T14-1030 to read as follows:


Sec.  165.T14-1030  Security Zone; Kailua Bay, Oahu, HI.

    (a) Location. The security zone area is located within the Captain 
of the Port (COTP) Zone (See 33 CFR 3.70-10) and encompasses two 
primary areas from the surface of the water to the ocean floor:
    (1) The navigable waters of the Kawainui Canal, beginning 150 yards 
south of the N. Kalaheo Avenue Road Bridge and continuing into Kailua 
Bay; and
    (2) The navigable waters of Kailua Bay beginning at Kapoho Point 
and extending in a southwesterly direction to the shore boundary of a 
property located at 123 Kailuana Loop, Kailua, HI 96734. The geographic 
coordinates of the zone include the navigable waters of the Kawainui 
Canal beginning at a point 21[deg]24'56'' N., 157[deg]44'58'' W., then 
extending to 21[deg]25'27'' N., 157[deg]44'21'' W. (Kapoho Point) 
including all the waters to the west of a straight line to 
21[deg]25'11'' N., 157[deg]44'39'' W., and extending back to the 
original point 21[deg]24'56'' N., 157[deg]44'58'' W.
    (b) Effective period. This rule is effective from 4:00 p.m. (HST) 
on August 30, 2016, through 11:30 p.m. (HST) on September 2, 2016.
    (c) Regulations. The general regulations governing security zones 
contained in Sec.  165.33 apply to the security zone created by this 
temporary final rule.
    (1) All persons and vessels are required to comply with the general 
regulations governing security zones found in this part.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the COTP or his designated representative.
    (3) Persons or vessels desiring to transit the security zone 
identified in paragraph (a) of this section may contact the COTP 
through his designated representatives at the Command Center via 
telephone: (808) 842-2600 and (808) 842-2601; fax: (808) 842-2642; or 
on VHF channel 16 (156.8 Mhz) to request permission to transit the 
zones. If permission is granted, all persons and vessels must comply 
with the

[[Page 58849]]

instructions of the COTP or his designated representative and proceed 
at the minimum speed necessary to maintain a safe course while in the 
zone.
    (4) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the security zone by Federal, State, and local agencies.
    (d) Notice of enforcement. The COTP will cause notice of the 
enforcement of the security zone described in this section to be made 
by verbal broadcasts and written notice to mariners and the general 
public.
    (e) Definitions. As used in this section, designated representative 
means any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the COTP to assist in enforcing the security zone 
described in paragraph (a) of this section.

    Dated: August 16, 2016.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. 2016-20530 Filed 8-25-16; 8:45 am]
 BILLING CODE 9110-04-P