[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Rules and Regulations]
[Pages 58846-58849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20530]


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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 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

[[Page 58847]]

to the VIP. The security zone encompasses two primary areas from the 
surface of the water to the ocean floor from the navigable waters of 
the Kawainui Canal, beginning 150 yards south of the N. Kalaheo Avenue 
Road Bridge and continuing 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 4:00 p.m. (HST) on August 30, 2016, 
through 11:30 p.m. (HST) on September 2, 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:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
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 not publishing an NPRM and for making this rule 
effective less than 30 days after publication in the Federal Register. 
The Coast Guard further finds that it would be 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 August 9, 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 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 VIP. The COTP finds 
this temporary security zone must be effective by August 30, 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 August 30, 2016 through September 2, 2016, 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 150 yards south of the N. Kalaheo Avenue 
Road Bridge and continuing 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 Captain of the Port of 
Honolulu (COTP) 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 authorized by the Captain of the Port (COTP) 
Honolulu or a designated representative.

IV. Discussion of Comments, Changes, and the Rule

    This temporary final rule establishes a security zone from 4:00 
p.m. (HST) on August 30, 2016, through 11:30 p.m. (HST) on September 2, 
2016. 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 150 yards south of the N. Kalaheo Avenue Road 
Bridge and continuing 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 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 the 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 related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 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 Executive Order 
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

[[Page 58848]]

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 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. 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 encompasses two 
primary areas from the surface of the water to the ocean floor:
    (1) The navigable waters of the Kawainui Canal, beginning 150 yards 
south of the N. Kalaheo Avenue Road Bridge and continuing 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 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 4:00 p.m. (HST) 
on August 30, 2016, through 11:30 p.m. (HST) on September 2, 2016.
    (c) Regulations. The general regulations governing security zones 
contained in Sec.  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 this part.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the COTP 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 
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 
zones. If permission is granted, all persons and vessels must comply 
with the

[[Page 58849]]

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 zone 
described in paragraph (a) of this section.

    Dated: August 16, 2016.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. 2016-20530 Filed 8-25-16; 8:45 am]
 BILLING CODE 9110-04-P