[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Rules and Regulations]
[Pages 78979-78981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31885]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Security Zone; Kailua Bay, Oahu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone in 
support of a visit by very important persons (VIPs). The security zone 
begins on the navigable waters in Kailua Bay on the west side of a line 
connecting Kapoho Point and continuing at a bearing of 227[deg] (true) 
as well as the nearby channel from its entrance near Kapoho Point to a 
point along the channel 150 yards to the south of the N. Kalaheo Avenue 
Road Bridge. This security zone is necessary to ensure the safety of 
the VIPs.

DATES: This rule is effective from 6:00 a.m. (HST) on December 18, 
2015, through 10:00 p.m. (HST) on January 3, 2016.

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

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

SUPPLEMENTARY INFORMATION: 

[[Page 78980]]

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 
opportunity to comment when the agency, for good cause, finds those 
procedures are ``impractical, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. The details of the VIPs' 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 
VIPs; therefore, a 30-day notice period is impracticable. Delaying the 
effective date would be contrary to the security zone's intended 
objectives of protecting the VIPs, mitigating potential terroristic 
acts, 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 VIPs. The COTP finds that this temporary 
security zone must be effective by December 18, 2015 to ensure the 
safety of the VIPs during their visit to the Kailua Bay area on the 
eastern coast of Oahu, Hawaii. The Coast Guard received the official 
request on November 1, 2015.

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 18, 2015 through January 3, 2016, VIPs of 
the United States of America plans to visit the Kailua Bay area on 
Oahu, Hawaii. The security zone begins on the navigable waters in 
Kailua Bay on the west side of a line connecting Kapoho Point and 
continuing at a bearing of 227[deg] (true) as well as the nearby 
channel from its entrance near Kapoho Point to a point along the 
channel 150 yards to the south of the N. Kalaheo Avenue Road Bridge. 
The Captain of the Port of Honolulu (COTP) has determined that there is 
reasonable potential for terroristic acts associated with the VIPs 
visit to the Kailua Bay area, and that a security zone is necessary to 
ensure their safety.

IV. Discussion of Comments, Changes, and the Rule

    This temporary final rule establishes a security zone from 6:00 
a.m. (HST) on December 18, 2015, through 10:00 p.m. (HST) on January 
03, 2016. The security zone area is located within the COTP 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 227[deg] (true) to 21[deg]25'11'' N., 157[deg]44'39'' W.; as 
well as the nearby channel from its entrance near Kapoho Point to a 
point along the channel 150 yards to the south 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 a point 21[deg]25'04'' N., 157[deg]44'54'' 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 the extending back to the 
original point 21[deg]25'04'' N., 157[deg]44'54'' W.
    One (1) yellow buoy and 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 channel boundary south of the 
N. Kalaheo Avenue Road Bridge as visual aids for mariners and public to 
approximate the zone. An illustration of the security zone will be made 
available on www.regulations.gov in docket for this rulemaking, USCG-
2015-1030. No vessel or person will be permitted to enter the security 
zone without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (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.s 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 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

[[Page 78981]]

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 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, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

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

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


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


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

    (a) Location. The security zone area is located within the Captain 
of the Port (COTP) Zone (See 33 CFR 3.70-10) and 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 227[deg] (true) 
to 21[deg]25'11'' N., 157[deg]44'39'' W.; as well as the nearby channel 
from its entrance near Kapoho Point to a point along the channel 150 
yards to the south 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 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. 6:00 a.m. (HST) on December 18 2015, through 
10:00 p.m. (HST) on January 3, 2016.
    (c) Regulations. The general regulations governing security zones 
contained in Sec.  165.33 of subpart D of this part apply to the 
security zone created by this temporary regulations.
    (1) All persons are required to comply with the general regulations 
governing security zones found in this part.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the COTP.
    (3) Persons desiring to transit the security zones identified in 
paragraph (a) of this section may contact the COTP at the Command 
Center telephone number (808) 842-2600 and (808) 842-2601, fax (808) 
842-2642 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 COTP or his designated 
representative and proceed at the minimum speed necessary to maintain a 
safe course while in the zone.
    (4) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the security zone by Federal, State, and local agencies.
    (d) Notice of enforcement. The COTP will cause notice of the 
enforcement of the security zone described in this section to be made 
by verbal broadcasts and written notice to mariners and the general 
public.
    (e) Definitions. As used in this section, designated representative 
means any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the COTP to assist in enforcing the security zones 
described in paragraph (a) of this section.

    Dated: November 30, 2015.
S.N. Gilreath,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. 2015-31885 Filed 12-15-15; 4:15 pm]
 BILLING CODE 9110-04-P