[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Rules and Regulations]
[Pages 61950-61954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25855]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0800]
RIN 1625-AA87


Security Zones, 2011 Asia-Pacific Economic Cooperation 
Conference, Oahu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule; request for comments.

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SUMMARY: The Coast Guard is establishing four temporary security zones 
on the navigable waters of Oahu's southern and western shores in 
support of the Asia-Pacific Economic Cooperation (APEC) conference in 
Oahu, Hawaii. The establishment of these security zones is necessary to 
ensure the safety of all APEC attendees to include the President of the 
United States, as well as numerous foreign dignitaries and senior 
government officials. Entry into the temporary security zones 
established by this rule is prohibited unless authorized by the Coast 
Guard Captain of the Port, Honolulu, or her designated representatives.

DATES: This rule will be effective from 11 p.m. HST on November 9, 2011 
through 11 p.m. HST on November 16, 2011. The Sec.  165.T14-0800 (a)(2) 
and (4) security zones, West Waikiki and Ala Wai Harbor and Canal, will 
be enforced from 11 p.m. HST on November 9, 2011 through 11 p.m. HST on 
November 16, 2011. The Sec.  165.T14-0800 (a)(1) security zone, 
Ko'olina Offshore, will be enforced from 11 p.m. HST on November 12, 
2011, to 11 p.m. HST on November 13, 2011. The Sec.  165.T14-0800 
(a)(3) security zone, East Waikiki, will be enforced from 12 a.m. HST 
to 11 p.m. HST on November 12, 2011.
    Comments and related material must be submitted to the Coast Guard 
no later than October 17, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0800 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
rule, call or e-mail Lt. Scott O. Whaley, U.S. Coast Guard; telephone 
808-522-8264 (ext. 352), e-mail [email protected]. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0800), indicate the specific section of this 
document to which each comment applies, and provide a reason for each

[[Page 61951]]

suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Search All'' and insert ``USCG-2011-0800'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-0800'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. Insufficient time 
exists prior to this event to facilitate requests for a public meeting. 
If you object to this decision however, you may submit a request for 
one by October 17, 2011 using one of the four methods specified under 
ADDRESSES. Please explain in detail why you believe a public meeting 
would be necessary in this case. If we then determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Basis and Purpose

    From November 9, 2011, through November 16, 2011, the President of 
the United States, various foreign dignitaries, members of their 
official parties, and other senior government officials will be 
attending the 2011 APEC conference in Honolulu, Hawaii. APEC is a 
multi-national association of economies and their senior leadership 
from the Asia-Pacific region working together to reduce trade barriers 
and facilitate business interactions between member nations. The 
conference is located adjacent to U.S. navigable waters in the Honolulu 
Captain of the Port Zone. Accordingly, the U.S. Coast Guard is 
establishing these security zones in order to maintain optimum security 
for this high visibility event and to ultimately protect the 
participants of this event from all possible threats associated with 
vessels and persons in the water. Entry of persons or vessels into 
these security zones will be prohibited unless authorized by the 
Captain of the Port (COTP) Honolulu.

Discussion of Temporary Interim Rule

    This security zone temporary interim rule will be effective from 11 
p.m. HST on November 9, 2011 through 11 p.m. HST on November 16, 2011. 
This security zone covers four areas located within the Honolulu 
Captain of the Port Zone (See 33 CFR 3.70-10)
    The first area is designated as the Ko'olina Offshore Zone and 
covers all waters creating a box shape, encompassed by a line extending 
1500 yards seaward from 21[deg]19'23.63'' N, 158[deg]07'20.83'' W; to 
21[deg]18'49.59'' N, 158[deg]07'52.68'' W; then north to 
21[deg]21'17.96'' N, 158[deg]08'36.75'' W; then due east to 
21[deg]21'18.70'' N, 158[deg]07'49.15'' W; then along the shoreline 
back to the starting point. The Ko'olina Offshore Zone does not include 
the entrance of Barbers Point Harbor Channel or the four lagoons 
adjacent to the Ko'olina Resort. The Ko'olina Offshore Zone will be 
enforced from 11 p.m. HST on November 12, 2011, to 11 p.m. HST on 
November 13, 2011.
    The second area is designated as the West Waikiki Zone and includes 
all waters creating a box-like shape offshore of Waikiki Beach and is 
encompassed by a line connecting the following points: Beginning at 
21[deg]16'40.33'' N, 157[deg]50'01.26'' W; to 21[deg]16'10.20'' N, 
157[deg]50'37.55'' W; to 21[deg]16'29.28'' N, 157[deg]50'56.69'' W; to 
21[deg]16'53.95'' N, 157[deg]50'29.10'' W; then along the shoreline 
back to the starting point. The West Waikiki Zone includes the offshore 
area adjacent to the Hilton Hawaiian Village Resort and the Fort 
DeRussy military reservation. The West Waikiki Zone does not include 
the two lagoons adjacent to the Hilton Hawaiian Village Resort. The 
West Waikiki Zone will be enforced from 11 p.m. HST on November 9, 2011 
to 11 p.m. HST on November 16, 2011.
    A third area is designated as the East Waikiki Zone and includes 
all waters creating a box-like shape offshore of Waikiki Beach and is 
encompassed by a line connecting the following points: beginning at 
21[deg]16'36.20'' N, 157[deg]49'46.91'' W; to 21[deg]16'05.04'' N, 
157[deg]50'20.56'' W; to 21[deg]16'14.87'' N, 157[deg]50'30.98'' W; to 
21[deg]16'40.33'' N, 157[deg]50'01.26'' W; then along the shoreline 
back to the starting point. The East Waikiki Zone includes the offshore 
area adjacent to the Sheraton Waikiki Hotel and the Outrigger Waikiki 
Hotel. The East Waikiki Zone will be enforced from 12 a.m. HST to 11 
p.m. HST on November 12, 2011.
    A fourth area is designated as the Ala Wai Harbor and Canal Zone. 
It includes a section of the Ala Wai Canal extending from the entrance 
to the canal in Ala Wai harbor to a point 15 yards northeast of the 
McCully Bridge and also includes all Ala Wai Harbor waters encompassing 
the Harbor Working Docks, the ``Front Row'' along Holomoana Ave, the 
Loading Dock, G Dock, F Dock, the 400 Row, the south face of X Dock and 
D Dock. See Example 1 in the docket for an illustration of the Ala Wai 
harbor section of this security zone. The Ala Wai Harbor and Canal Zone 
will be enforced from 11 p.m. HST on November 9, 2011 to 11 p.m. HST on 
November 16, 2011.
    A graphic labeled ``Illustration of APEC 2011 security zones'' is 
available via http://www.regulations.gov in docket USCG-2011-0800. It 
provides a

[[Page 61952]]

graphical representation of the four security zones discussed above 
that are established by this temporary interim rule.
    In accordance with the general regulations in 33 CFR part 165, 
subpart D, no person or vessel will be permitted to transit into or 
remain in the zone except for those authorized support vessels, 
aircraft and support personnel, or other personnel or vessels 
authorized by the Captain of the Port or the District Commander. Any 
Coast Guard commissioned, warrant, or petty officer, or other Captain 
of the Port representative permitted by law, may enforce the zone. 
Vessels, aircraft, or persons in violation of this rule will be subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

Regulatory Analyses

    We did not publish a notice of proposed rulemaking (NPRM) for this 
temporary interim rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds 
that good cause exists for not publishing an NPRM. Due to the sensitive 
nature of this highly visible event, sufficient notice of the zone 
locations was not released in time to adequately complete the NPRM 
rulemaking. This event is a matter of national security and the 
changing nature of the event has required flexibility among all 
parties. Issuing an NPRM is impracticable due to the nature of the 
event. This temporary interim rule, however, is being used to provide a 
post-promulgation comment period in advance of the event given the 
limited time remaining. It would be contrary to the public interest to 
delay issuing an effective rule. Post-promulgation comments received on 
this temporary interim rule may allow the COTP to issue an improved 
temporary final rule, but issuing the interim rule now ensures that an 
effective rule will be in place to provide the necessary security 
measures required for the Asia-Pacific Economic Cooperation conference 
held on Oahu.
    We developed this temporary interim rule after considering numerous 
statutes and executive orders related to rulemaking. Below we summarize 
our analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. The Coast Guard expects the economic 
impact of this rule to be so minimal that a full Regulatory Evaluation 
under the regulatory policies and procedures of DHS is unnecessary. 
This conclusion is based on the limited duration of the zone and the 
limited geographic area affected by it. Furthermore, the general public 
will be permitted to transit the security zone as necessary but will 
not be permitted to loiter.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this temporary interim rule will have a significant 
economic impact on a substantial number of small entities. The term 
``small entities'' comprises small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this temporary 
interim rule will not have a significant economic impact on a 
substantial number of small entities.
    This temporary interim rule could affect the following entities, 
some of which might be small entities: the owners or operators of 
vessels for hire intending to transit or operate in the Ala Wai Harbor 
and Canal and West Waikiki Security Zones from November 9, 2011 to 
November 16, 2011; the owners or operators of vessels for hire 
intending to transit or operate in the East Waikiki Security Zone on 
November 12, 2011; and the owners or operators of vessels for hire 
intending to transit or operate in the Ko'olina Security Zone on 
November 13, 2011.
    These security zones will not have a significant economic impact on 
a substantial number of small entities for the following reasons: The 
security zones will be activated and thus subject to enforcement for a 
period of no longer than seven (7) days and will not affect vessels 
transiting 1500 yards (or more) offshore from the Sheraton Waikiki to 
1500 yards south-southwest from the Ala Wai Harbor breakwater. It also 
will not affect vessels transiting or operating outside 1500 yards west 
from Kahe Point Beach Park to 1500 yards southwest from Barbers Point 
Harbor Channel, not including the entrance to Barbers Point Harbor.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule will have a 
significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule will economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this temporary interim rule so that they can 
better evaluate its effects on them and participate in the rulemaking. 
If the rule will affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact LT Scott O. Whaley 
at (808) 522-8264 ext. 352. The Coast Guard will not retaliate against 
small entities that question or complain about this temporary interim 
rule or any policy or action of the Coast Guard.

Collection of Information

    This temporary interim rule will call for no new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this temporary 
interim rule under that Order and have determined that it does not have 
implications for federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This temporary interim rule will not cause a taking of private 
property or otherwise have taking implications under Executive Order 
12630, Governmental Actions and Interference with Constitutionally 
Protected Property Rights.

Civil Justice Reform

    This temporary interim rule meets applicable standards in sections 
3(a)

[[Page 61953]]

and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this temporary interim rule under Executive Order 
13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This rule is not an economically significant rule and 
will not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

Indian Tribal Governments

    This temporary interim rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it will not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this temporary interim rule under Executive Order 
13211, Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use. We have determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' under Executive Order 12866 and is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. The Administrator of the Office of 
Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This temporary interim rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this temporary interim rule under Department of 
Homeland Security Management Directive 023-01 and Commandant 
Instruction M16475.lD, which guide the Coast Guard in complying with 
the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-
4370f), and have made a determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This rule is categorically 
excluded, under figure 2-1, paragraph (34)(g), of the Instruction. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this temporary interim rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add temporary Sec.  165.T14-0800 to read as follows:


Sec.  165.T14-0800  Security Zones; 2011 Asia-Pacific Economic 
Cooperation Conference, Oahu, HI.

    (a) Locations. The following areas, from the surface of the water 
to the ocean floor, are security zones.
    (1) Ko'olina Offshore Zone. All waters encompassed by a line 
extending 1500 yards seaward from 21[deg]19'23.63'' N, 
158[deg]07'20.83'' W; to 21[deg]18'49.59'' N, 158[deg]07'52.68'' W; 
then north to 21[deg]21'17.96'' N, 158[deg]08'36.75'' W; then due east 
to 21[deg]21'18.70'' N, 158[deg]07'49.15'' W; then along the shoreline 
back to the starting point. This security zone does not include the 
entrance of Barbers Point Harbor Channel or the four lagoons adjacent 
to the Ko'olina Resorts.
    (2) West Waikiki Zone. All waters offshore of Waikiki Beach 
encompassed by a line connecting the following points: beginning at 
21[deg]16'40.33'' N, 157[deg]50'01.26'' W; to 21[deg]16'10.20'' N, 
157[deg]50'37.55'' W; to 21[deg]16'29.28'' N, 157[deg]50'56.69'' W; to 
21[deg]16'53.95'' N, 157[deg]50'29.10'' W; then along the shoreline 
back to the starting point. The West Waikiki Zone includes the offshore 
area adjacent to the Hilton Hawaiian Village Resort and the Fort 
DeRussy military reservation. The West Waikiki Zone does not include 
the two lagoons adjacent to the Hilton Hawaiian Village Resort.
    (3) East Waikiki Zone. All waters offshore of Waikiki Beach 
encompassed by a line connecting the following points: Beginning at 
21[deg]16'36.20'' N, 157[deg]49'46.91'' W; to 21[deg]16'05.04'' N, 
157[deg]50'20.56'' W; to 21[deg]16'14.87'' N, 157[deg]50'30.98'' W; to 
21[deg]16'40.33'' N, 157[deg]50'01.26'' W; then along the shoreline 
back to the starting point. The East Waikiki Zone includes the offshore 
area adjacent to the Sheraton Waikiki Hotel and the Outrigger Waikiki 
Hotel.
    (4) Ala Wai Harbor and Canal Zone. All waters, including a section 
of the Ala Wai Canal, extending from the entrance to the canal in Ala 
Wai harbor to a point 15 yards northeast of the McCully Bridge and also 
including all Ala Wai Harbor waters encompassing the Harbor Working 
Docks, the ``Front Row'' along Holomoana Ave, the Loading Dock, G Dock, 
F Dock, the 400 Row, the south face of X Dock and D Dock.

    Note to paragraph (a)(4):  See Example 1 in http://www.regulations.gov docket USCG-2011-0800 for an illustration of the 
Ala Wai harbor section of this paragraph (a)(4) security zone and 
clarification as to the docks encompassed by this zone.

    (b) Definitions. As used in this section, designated representative 
means any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the Captain of the Port Honolulu to assist in 
enforcing the security zones described in paragraph (a) of this 
section.
    (c) Regulations. The general security zone regulations found in 33 
CFR part 165, subpart D, apply to the security zones created by this 
temporary section.
    (1) All persons are required to comply with the general regulations 
governing security zones found in 33 CFR 165.33.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Honolulu.
    (3) Persons desiring to transit the security zones identified in 
paragraph (a) of this section may contact the Captain of the Port at 
Command Center telephone number (808) 842-2600 and (808) 842-2601, fax 
(808) 842-2624 or on VHF channel 16 (156.8 Mhz) to seek

[[Page 61954]]

permission to transit the zones. If permission is granted, all persons 
and vessels must comply with the instructions of the Captain of the 
Port Honolulu or his designated representative and proceed at the 
minimum speed necessary to maintain a safe course while within the 
zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zones by Federal, State, and local agencies.

    Dated: September 22, 2011.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2011-25855 Filed 10-5-11; 8:45 am]
BILLING CODE 9110-04-P