Security Zone; Kailua Bay, Oahu, HI, 88115-88117 [2016-29317]
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Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations
List of Subjects 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 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 temporary § 165.T05–1034, to
read as follows:
■
asabaliauskas on DSK3SPTVN1PROD with RULES
§ 165.T05–1034 Safety Zone, Delaware
River; Marcus Hook, PA.
(a) Regulated area. The following area
is a safety zone: All the waters of the
Delaware River within 500 yards of
vessels and machinery performing rock
blasting, rock removal, and dredging
operations, in the vicinity of Marcus
Hook, PA, between the southern end of
Marcus Hook Anchorage to the western
end of Little Tinicum Island, at the
entrance to Darby Creek.
(1) Vessels wishing to transit the
safety zone in the main navigational
channel may do so if they can make
satisfactory passing arrangements with
the drill boat APACHE or the dredge
TEXAS in accordance with the
Navigational Rules in 33 CFR
subchapter E via VHF–FM channel 13 at
least 30 minutes prior to arrival. If
vessels are unable to make satisfactory
passing arrangements with the drill boat
APACHE or the dredge TEXAS, they
may request permission from the
Captain of the Port, or his designated
representative, on VHF–FM channel 16.
(2) The operator of any vessel
requesting to transit through the safety
zone shall proceed as directed by the
drill boat APACHE, the dredge TEXAS
or the designated representative of the
Captain of the Port and must operate at
the minimum safe speed necessary to
maintain steerage and reduce wake.
(3) No vessels may transit through the
safety zone during times of explosives
detonation. During rock blasting
detonation vessels will be required to
maintain a 500 yard distance from the
drill boat APACHE. The drill boat
APACHE will make broadcasts, via
VHF–FM Channel 13 and 16, at 15
minutes, 5 minutes, and 1 minute prior
to detonation, as well as a countdown
to detonation on VHF–FM Channel 16.
(4) After every explosive detonation a
survey will be conducted to ensure the
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navigational channel is clear for vessels
to transit. The drill boat APACHE will
broadcast, via VHF–FM channel 13 and
16, when the survey has been completed
and the channel is clear to transit.
Vessels requesting to transit through the
safety zone shall proceed as directed by
the designated representative of the
Captain of the Port and contact the drill
boat APACHE on VHF–FM channel 13
to make safe passing arrangements.
(b) Definitions. As used in this
section:
Captain of the Port means Captain of
the Port Delaware Bay. The Captain of
the Port is also the Commander, U.S.
Coast Guard Sector Delaware Bay,
Philadelphia, PA.
Captain of the Port Delaware Bay
means the Commander, U.S. Coast
Guard Sector Delaware Bay,
Philadelphia, PA.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
by the Captain of the Port Delaware Bay
to assist in enforcing the safety zone
described in paragraph (a) of this
section.
(c) Enforcement. The U.S. Coast
Guard may be assisted by Federal, State
and local agencies in the patrol and
enforcement of the zone.
(d) Enforcement period. This rule will
be enforced from December 01, 2016,
through March 15, 2017, unless
cancelled earlier by the Captain of the
Port.
Dated: December 1, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2016–29261 Filed 12–6–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–1025]
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:
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88115
to the VIP. The security zone
encompasses two primary areas from
the surface of the water to the ocean
floor: The navigable waters of the
Kawainui Canal, beginning at the North
Kalaheo Avenue Road Bridge and
continuing northeast 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 8 a.m.
(HST) on December 14, 2016, through 8
a.m. (HST) on January 4, 2017. If the
security zone is terminated prior to
January 4, 2017, the Coast Guard will
provide notice via a broadcast notice to
mariners.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2016–1025. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
1025 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
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
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 opportunities
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.
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88116
Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations
553(d)(3), the Coast Guard finds that
good cause exists for not publishing a
Notice of Proposed Rulemaking (NPRM)
and for making this rule effective less
than 30 days after publication in the
Federal Register. The Coast Guard
further finds it 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 November 13, 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 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 Honolulu finds this temporary
security zone must be effective by
December 14, 2016 to ensure the safety
of the VIP during his visit to the Kailua
Bay area on the eastern coast of Oahu,
Hawaii.
asabaliauskas on DSK3SPTVN1PROD with RULES
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 14, 2016 through
January 4, 2017, 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 at the
North Kalaheo Avenue Road Bridge and
continuing northeast 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 COTP of Honolulu 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
expressly authorized by the COTP of
Honolulu or a designated representative.
IV. Discussion of Comments, Changes,
and the Rule
This temporary final rule establishes
a security zone from 8 a.m. (HST) on
December 14, 2016, through 8: a.m.
(HST) on January 4, 2017. The security
zone encompasses two primary areas
from the surface of the water to the
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ocean floor: (1) The navigable waters of
the Kawainui Canal, beginning at the
North Kalaheo Avenue Road Bridge and
continuing northeast 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 at the North 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–2016–1025. No
vessel or person will be permitted to
enter the security zone without express
authorization from the COTP Honolulu
or his 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. 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 the Department of
Homeland Security (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
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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
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 executive 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,
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Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations
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.
asabaliauskas on DSK3SPTVN1PROD with RULES
F. Environment
We have analyzed this rule under the
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, and
Waterways.
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Jkt 241001
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
2. Add § 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 COTP Zone (See 33
CFR 3.70–10) and encompasses two
primary areas from the surface of the
water to the ocean floor: The navigable
waters of the Kawainui Canal, beginning
at the North Kalaheo Avenue Road
Bridge and continuing northeast 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. 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-8 a.m. (HST) on December
14, 2016, through 8 a.m. (HST) on
January 4, 2017.
(c) Regulations. The general
regulations governing security zones
contained in 33 CFR 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 33 CFR part 165.
(2) Entry into or remaining in this
security zone is prohibited unless
authorized by the COTP Honolulu 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 of Honolulu 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
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88117
security zone. If permission is granted,
all persons and vessels must comply
with the instructions of the COTP
Honolulu or his designated
representative and proceed at the
minimum speed necessary to maintain a
safe course while in the security 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
Honolulu will provide notice of
enforcement of the security zone
described in this section by verbal radio
broadcasts, written notice to mariners,
and general public outreach.
(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: December 1, 2016.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the
Port, Honolulu.
[FR Doc. 2016–29317 Filed 12–6–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AP87
Extension of Pharmacy Copayments
for Medications
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. This
rulemaking freezes copayments at the
current rate for veterans in priority
groups 2 through 8 through February 26,
2017.
DATES: Effective Date: This rule is
effective on December 7, 2016.
Comment date: Comments must be
received on or before February 6, 2017.
ADDRESSES: Written comments may be
submitted by email through https://
www.regulations.gov; by mail or handdelivery to Director, Regulation Policy
and Management (00REG), 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–
AP87-Copayments for Medications in
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Rules and Regulations]
[Pages 88115-88117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29317]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-1025]
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 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 to the VIP. The security zone encompasses two primary
areas from the surface of the water to the ocean floor: The navigable
waters of the Kawainui Canal, beginning at the North Kalaheo Avenue
Road Bridge and continuing northeast 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 8 a.m. (HST) on December 14, 2016,
through 8 a.m. (HST) on January 4, 2017. If the security zone is
terminated prior to January 4, 2017, the Coast Guard will provide
notice via a broadcast notice to mariners.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2016-1025. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-1025 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
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
opportunities 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.
[[Page 88116]]
553(d)(3), the Coast Guard finds that good cause exists for not
publishing a Notice of Proposed Rulemaking (NPRM) and for making this
rule effective less than 30 days after publication in the Federal
Register. The Coast Guard further finds it 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 November 13, 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 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 Honolulu finds this temporary security zone must
be effective by December 14, 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 December 14, 2016 through January 4, 2017, 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 at the North Kalaheo Avenue Road Bridge
and continuing northeast 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 COTP of Honolulu 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 expressly authorized by the COTP of Honolulu or a
designated representative.
IV. Discussion of Comments, Changes, and the Rule
This temporary final rule establishes a security zone from 8 a.m.
(HST) on December 14, 2016, through 8: a.m. (HST) on January 4, 2017.
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 at the North Kalaheo Avenue Road Bridge and continuing
northeast 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 at the North 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-2016-1025. No
vessel or person will be permitted to enter the security zone without
express authorization from the COTP Honolulu or his 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. 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 the Department of Homeland Security (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 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 executive 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,
[[Page 88117]]
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 the 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, 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.T14-1030 to read as follows:
Sec. 165.T14-1030 Security Zone; Kailua Bay, Oahu, HI.
(a) Location. The security zone area is located within the COTP
Zone (See 33 CFR 3.70-10) and encompasses two primary areas from the
surface of the water to the ocean floor: The navigable waters of the
Kawainui Canal, beginning at the North Kalaheo Avenue Road Bridge and
continuing northeast 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. 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-8 a.m.
(HST) on December 14, 2016, through 8 a.m. (HST) on January 4, 2017.
(c) Regulations. The general regulations governing security zones
contained in 33 CFR 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 33 CFR part 165.
(2) Entry into or remaining in this security zone is prohibited
unless authorized by the COTP Honolulu 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 of
Honolulu 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
security zone. If permission is granted, all persons and vessels must
comply with the instructions of the COTP Honolulu or his designated
representative and proceed at the minimum speed necessary to maintain a
safe course while in the security 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 Honolulu will provide notice of
enforcement of the security zone described in this section by verbal
radio broadcasts, written notice to mariners, and general public
outreach.
(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: December 1, 2016.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. 2016-29317 Filed 12-6-16; 8:45 am]
BILLING CODE 9110-04-P
