[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Rules and Regulations]
[Pages 75017-75019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30628]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1038]
RIN 1625-AA87


Security Zone; On the Waters in 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 on 
the waters south of Kapoho Point and a nearby channel in Kailua Bay 
within the Honolulu Captain of the Port (COTP) Zone. This security zone 
is necessary to ensure the safety of the President of the United States 
and his family members.

DATES: This rule is effective from 6 a.m. (HST) on December 17, 2012, 
through 10 p.m. (HST) on January 6, 2013.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket USCG-2012-1038 are available online by going to http://www.regulations.gov, inserting USCG-2012-1038 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 Lieutenant Commander Scott O. Whaley, 
Waterways Management Division, U.S. Coast Guard Sector Honolulu; 
telephone (808) 522-8264 (ext. 352), email [email protected]. If 
you have questions on viewing 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(d)(3), the Coast Guard finds good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. The details of the President's 
intended travel to Hawaii were not made available to the Coast Guard in 
sufficient time to issue a notice of proposed rulemaking. Due to the 
need for immediate action, the restriction of vessel traffic is 
necessary to protect the President and his family members; therefore, a 
30-day notice period is impracticable. Delaying the effective date 
would be contrary to the security zone's intended objectives of 
protecting high-ranking officials, mitigating potential terroristic 
acts and enhancing public and maritime safety and security. Publishing 
a Notice of Proposed Rulemaking (NPRM) and delaying the effective date 
would be contrary to the public interest since the occasion would occur 
before a notice-and-comment rulemaking could be completed, thereby 
jeopardizing the safety of the President of the United States, members 
of his family members, and other senior government officials. The COTP 
finds that this temporary security zone needs to be effective by 
December 17, 2012, to ensure the safety of the President of the United 
States and members of his official party visiting the Kailua Bay area 
on the eastern coast of Oahu, Hawaii.

Background and Purpose

    From December 17, 2012, through January 6, 2013, the President of 
the United States and his family members plan to visit near the Kailua 
Bay shoreline on Oahu, Hawaii. This position is located adjacent to 
U.S. navigable waters in the Honolulu Captain of the Port Zone. The 
Coast Guard is establishing this security zone to ensure the safety of 
the President of the United States and his family members.

Discussion of Temporary Final Rule

    This temporary final rule is effective from 6 a.m. HST on December 
17, 2012 through 10 p.m. HST on January 6, 2013. The security zone area 
is located

[[Page 75018]]

within the Honolulu Captain of the Port Zone (See 33 CFR 3.70-10) and 
covers all U.S. navigable waters in the Kailua Bay on the west side of 
a line connecting Kapoho Point and continuing at a bearing of 240[deg] 
(true) to the southwestern corner of Kailuana Loop; as well as the 
nearby channel from its entrance at Kapoho Point to a point 150-yards 
to the southwest of the N. Kalaheo Avenue Road Bridge. This zone 
extends from the surface of the water to the ocean floor. This zone 
will include the navigable waters of the channel beginning at point 
21[deg]24'56'' N, 157[deg]44'58'' W, then extending to 21[deg]25'26'' 
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]43'34'' W 
(Kailuana Loop), and then extending back to the original point 
21[deg]24'56'' N, 157[deg]44'58'' W.
    Two (2) yellow buoys and a shore-side marker will be placed in 
proximity of the security zone along the security zone boundary and one 
(1) orange boom will be placed at the channel boundary southwest of the 
N. Kalaheo Avenue Road Bridge as visual aids for mariners and the 
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-2012-1038.
    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 authorized support vessels, aircraft and 
support personnel, or other vessels authorized by the Captain of the 
Port. Any Coast Guard commissioned, warrant, or petty officer, and any 
other Captain of the Port representative permitted by law, may enforce 
the zone. Vessels, aircraft, or persons in violation of this rule would 
be subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 
192.

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.

1. 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 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.

2. Impact on 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. 
This rule will affect the following entities, all of which are small 
entities: the owners or operators of six jet-ski and para-sailing 
companies. These companies will only be affected during the arrival and 
departure of the President of the United States through Honolulu 
International Airport. Notice to enforce the security zone is not 
provided to the Coast Guard more than 12 hours before the President 
arrives or departs.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on small entities. This security 
zone would not have a significant economic impact on these small 
entities for the following reasons: this security zone will be 
activated, and thus subject to enforcement, for six hours for the 
President's arrival and for six hours for his departure. Once the Coast 
Guard is notified of the need to enforce the security zone, all six of 
the affected jet-ski and para-sailing companies will be contacted and 
made aware of the security zone enforcement. Additionally, marine 
advisories will be issued to notify mariners of the enforcement of the 
security zone. 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.

3. 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. The Coast Guard will not retaliate 
against small entities that question or complain about this temporary 
final rule or any policy or action of the Coast Guard.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. 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.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to

[[Page 75019]]

minimize litigation, eliminate ambiguity, and reduce burden.

10. 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 does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. 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.

13. Technical Standards

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

14. 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 security, 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.T14-215 to read as follows:


Sec.  165.T14-215  Security Zone; On the Waters in Kailua Bay, Oahu, 
HI.

    (a) Location. The following area, within the Honolulu Captain of 
the Port Zone (See 33 CFR 3.70-10), from the surface of the water to 
the ocean floor is a temporary security zone: All waters in Kailua Bay 
to the west of a line beginning at Kapoho Point and thence 
southwestward at a bearing of 240[deg] (true) to the shoreline at the 
southeastern corner of Kailuana Loop; as well as the nearby channel 
from its entrance at Kapoho Point to a point 150-yards to the southwest 
of the N. Kalaheo Avenue Road Bridge. This zone extends from the 
surface of the water to the ocean floor. This zone will include the 
navigable waters of the channel beginning at point 21[deg]24'56'' N, 
157[deg]44'58'' W, then extending to 21[deg]25'26'' 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]43'34'' W (Kailuana Loop), and then 
extending back to the original point 21[deg]24'56'' N, 157[deg]44'58'' 
W.
    (b) Effective period. This section is effective from 6 a.m. HST on 
December 17, 2012, through 10 p.m. HST on January 6, 2013.
    (c) Regulations. The general regulations governing security zones 
contained in 33 CFR 165.33, subpart D, apply to the security zone 
created by this temporary final rule.
    (1) All persons are required to comply with the general regulations 
governing security zones found in 33 CFR part 165.
    (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 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) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the zones by Federal, State, and local agencies.
    (d) Notice of enforcement. The Captain of the Port Honolulu 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 Captain of the Port Honolulu to assist in 
enforcing the security zones described in paragraph (a) of this 
section.

    Dated: November 29, 2012.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. 2012-30628 Filed 12-18-12; 8:45 am]
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