[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Rules and Regulations]
[Pages 88115-88117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29317]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-1025]
RIN 1625-AA87


Security Zone; Kailua Bay, Oahu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

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 to the VIP. The security zone encompasses two primary 
areas from the surface of the water to the ocean floor: The navigable 
waters of the Kawainui Canal, beginning at the North Kalaheo Avenue 
Road Bridge and continuing northeast 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 8 a.m. (HST) on December 14, 2016, 
through 8 a.m. (HST) on January 4, 2017. If the security zone is 
terminated prior to January 4, 2017, the Coast Guard will provide 
notice via a broadcast notice to mariners.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2016-1025. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-1025 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
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 
opportunities 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.

[[Page 88116]]

553(d)(3), the Coast Guard finds that good cause exists for not 
publishing a Notice of Proposed Rulemaking (NPRM) and for making this 
rule effective less than 30 days after publication in the Federal 
Register. The Coast Guard further finds it 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 November 13, 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 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 Honolulu finds this temporary security zone must 
be effective by December 14, 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 December 14, 2016 through January 4, 2017, 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 at the North Kalaheo Avenue Road Bridge 
and continuing northeast 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 COTP of Honolulu 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 expressly authorized by the COTP of Honolulu or a 
designated representative.

IV. Discussion of Comments, Changes, and the Rule

    This temporary final rule establishes a security zone from 8 a.m. 
(HST) on December 14, 2016, through 8: a.m. (HST) on January 4, 2017. 
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 at the North Kalaheo Avenue Road Bridge and continuing 
northeast 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 at the North 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-2016-1025. No 
vessel or person will be permitted to enter the security zone without 
express authorization from the COTP Honolulu or his 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. 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 the Department of Homeland Security (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 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 executive 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,

[[Page 88117]]

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 the 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, 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.T14-1030 to read as follows:


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

    (a) Location. The security zone area is located within the COTP 
Zone (See 33 CFR 3.70-10) and encompasses two primary areas from the 
surface of the water to the ocean floor: The navigable waters of the 
Kawainui Canal, beginning at the North Kalaheo Avenue Road Bridge and 
continuing northeast 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. 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-8 a.m. 
(HST) on December 14, 2016, through 8 a.m. (HST) on January 4, 2017.
    (c) Regulations. The general regulations governing security zones 
contained in 33 CFR 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 33 CFR part 165.
    (2) Entry into or remaining in this security zone is prohibited 
unless authorized by the COTP Honolulu 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 of 
Honolulu 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 
security zone. If permission is granted, all persons and vessels must 
comply with the instructions of the COTP Honolulu or his designated 
representative and proceed at the minimum speed necessary to maintain a 
safe course while in the security 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 Honolulu will provide notice of 
enforcement of the security zone described in this section by verbal 
radio broadcasts, written notice to mariners, and general public 
outreach.
    (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: December 1, 2016.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
[FR Doc. 2016-29317 Filed 12-6-16; 8:45 am]
 BILLING CODE 9110-04-P