[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Rules and Regulations]
[Pages 70350-70352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29456]



[[Page 70350]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1048]
RIN 1625-AA87


West Oahu Offshore Security Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on 
the navigable waters of Oahu's western shore. This action is necessary 
to safeguard the President of the United States and his official party. 
Entry into the temporary security zone established by this rule is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Honolulu, or her designated representatives.

DATES: This rule is effective from 11 p.m. HST on November 13, 2011 
through 9 a.m. HST on November 15, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-1048 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-1048 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email LCDR Scott O. Whaley, U.S. Coast Guard; 
telephone (808) 522-8264 (ext. 352), email [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: 

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. Due to a change in the plans of the 
President of the United States, sufficient notice of the zone location 
could not be released in time to adequately complete a notice-and-
comment rulemaking.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Because of a change in the plans 
of the President of the United States, there is insufficient time 
before the security zone must be in place to publish this temporary 
final rule and then delay its effective date for 30 days after 
publication.

Background and Purpose

    From November 13, 2011, through November 15, 2011, the President of 
the United States and his official party will be visiting the Ko'olina 
Beach Resort in Honolulu, Hawaii. The resort is located adjacent to 
U.S. navigable waters in the Honolulu Captain of the Port Zone. 
Accordingly, the U.S. Coast Guard is establishing this security zone in 
order to maintain optimum security to ultimately protect the President 
and his official party 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 Final Rule

    This temporary final rule will be effective from 11 p.m. HST on 
November 13, 2011 through 9 a.m. HST on November 15, 2011.
    The security zone area is designated as the West Oahu Offshore Zone 
and covers all waters creating a box shape, encompassed by a line 
extending 1000 yards north along the coast from 21[deg]20'16.00'' N, 
158[deg]07'34.77'' W; to 21[deg]20'43.98'' N, 158[deg]07'44.52'' W; 
then 1000 yards west to 21[deg]20'36.10'' N, 158[deg]08'15.18'' W; then 
2000 yards south to 21[deg]19'38.93'' N, 158[deg]07'54.33'' W; then 
east to 21[deg]19'1647.64'' N, 158[deg]07'23.79'' W; then north along 
the shoreline back to the starting point. The West Oahu Offshore Zone 
does not include the entrance of Barbers Point Harbor Channel or the 
four lagoons adjacent to the Ko'olina Resort.
    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.
    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 developed this temporary final 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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will have a significant economic impact on 
a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This 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 West Oahu Security Zone from 
November 13, 2011 to on November 15, 2011.
    This security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: the 
security zone

[[Page 70351]]

will be activated and thus subject to enforcement for a period of no 
longer than 2 days and will not affect vessels transiting or operating 
outside a box extending along the coast 1000 yards to the north of the 
northern most lagoon at the Ko'olina Resort, to 1000 yards south, along 
the coast, of Ko'olina's northern most lagoon to 1000 yards to seaward 
from both points and then connected with a straight line.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule will 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact LCDR Scott O. Whaley at (808) 522-8264 ext. 
352.
    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.

Collection of Information

    This rule calls 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 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 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 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 rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

    This 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 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
determination that this action is one of a category of actions which do 
not individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction. This regulation establishes one 
security zone. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination'' are available in the 
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine 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 AREA AND LIMITED ACCESS AREA

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; 3306, 
3703; 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.T14-1048 to read as follows:

[[Page 70352]]

Sec.  165.T14-1048  West Oahu Offshore Security Zone.

    (a) Location. The following area, from the surface of the water to 
the ocean floor, is a security zone: All waters encompassed by a line 
extending 1000 yards north along the coast from 21[deg]20'16.00'' N, 
158[deg]07'34.77'' W; to 21[deg]20'43.98'' N, 158[deg]07'44.52'' W; 
then 1000 yards west to 21[deg]20'36.10'' N, 158[deg]08'15.18'' W; then 
2000 yards south to 21[deg]19'38.93'' N, 158[deg]07'54.33'' W; then 
east to 21[deg]19'1647.64'' N, 158[deg]07'23.79'' W; then north along 
the shoreline back to the starting point. The West Oahu Offshore Zone 
does not include the entrance of Barbers Point Harbor Channel or the 
four lagoons adjacent to the Ko'olina Resort.
    (b) Enforcement period. The security zone described in paragraph 
(a) of this section will be enforced from 11 p.m. HST on November 13, 
2011, to 9 a.m. HST on November 15, 2011.
    (c) 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 zone described in paragraph (a) of this section.
    (d) Regulations. The general security zone regulations found in 33 
CFR part 165, subpart D, apply to the security zone created by this 
temporary section.
    (1) All persons are required to comply with the general regulations 
governing security zone found in 33 CFR 165.33.
    (2) Entry into or remaining in the security zone described in 
paragraph (a) of this section is prohibited unless authorized by the 
Coast Guard Captain of the Port Honolulu.
    (3) Persons desiring to transit the security zone 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 permission to 
transit the zone. 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.
    (e) Enforcement personnel. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the zone by Federal, State, and local 
agencies.

    Dated: November 4, 2011.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2011-29456 Filed 11-9-11; 4:15 pm]
BILLING CODE 9110-04-P