81 FR 58846 - Security Zone; Kailua Bay, Oahu, HI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 166 (August 26, 2016)

Page Range		58846-58849
FR Document		2016-20530

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 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.

Federal Register, Volume 81 Issue 166 (Friday, August 26, 2016)

[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Rules and Regulations]
[Pages 58846-58849]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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

58848 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

with populations of less than 50,000. direct effect on one or more Indian PART 165—REGULATED NAVIGATION
The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the AREAS AND LIMITED ACCESS AREAS
605(b) that this rule will not have a Federal Government and Indian tribes,
significant economic impact on a or on the distribution of power and ■ 1. The authority citation for part 165
substantial number of small entities. responsibilities between the Federal continues to read as follows:
While some owners or operators of Government and Indian tribes. If you Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
vessels intending to transit the security believe this rule has implications for 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
zone may be small entities, for the federalism or Indian tribes, please Department of Homeland Security Delegation
reasons stated in section V.A above, this contact the person listed in the FOR No. 0170.1.
rule will not have a significant FURTHER INFORMATION CONTACT section
economic impact on any vessel owner ■ 2. Add § 165.T14–1030 to read as
above.
or operator. follows:
Under section 213(a) of the Small E. Unfunded Mandates Reform Act
§ 165.T14–1030 Security Zone; Kailua Bay,
Business Regulatory Enforcement The Unfunded Mandates Reform Act Oahu, HI.
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires (a) Location. The security zone area is
we want to assist small entities in Federal agencies to assess the effects of located within the Captain of the Port
understanding this rule. If the rule their discretionary regulatory actions. In (COTP) Zone (See 33 CFR 3.70–10) and
would affect your small business, particular, the Act addresses actions encompasses two primary areas from
organization, or governmental that may result in the expenditure by a the surface of the water to the ocean
jurisdiction and you have questions State, local, or tribal government, in the floor:
concerning its provisions or options for aggregate, or by the private sector of (1) The navigable waters of the
compliance, please contact the person $100,000,000 (adjusted for inflation) or Kawainui Canal, beginning 150 yards
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule south of the N. Kalaheo Avenue Road
CONTACT section. will not result in such an expenditure, Bridge and continuing into Kailua Bay;
Small businesses may send comments we do discuss the effects of this rule and
on the actions of Federal employees elsewhere in this preamble. (2) The navigable waters of Kailua Bay
who enforce, or otherwise determine
F. Environment beginning at Kapoho Point and
compliance with, Federal regulations to
We have analyzed this rule under extending in a southwesterly direction
the Small Business and Agriculture
Department of Homeland Security to the shore boundary of a property
Regulatory Enforcement Ombudsman
Management Directive 023–01 and located at 123 Kailuana Loop, Kailua, HI
and the Regional Small Business
Commandant Instruction M16475.lD, 96734. The geographic coordinates of
Regulatory Fairness Boards. The
which guide the Coast Guard in the zone include the navigable waters of
Ombudsman evaluates these actions
complying with the National the Kawainui Canal beginning at a point
annually and rates each agency’s
Environmental Policy Act of 1969 (42 21°24′56″ N., 157°44′58″ W., then
responsiveness to small business. If you
U.S.C. 4321–4370f), and have extending to 21°25′27″ N., 157°44′21″
wish to comment on actions by
determined that this action is one of a W. (Kapoho Point) including all the
employees of the Coast Guard, call 1–
category of actions that do not waters to the west of a straight line to
888–REG–FAIR (1–888–734–3247). The
individually or cumulatively have a 21°25′11″ N., 157°44′39″ W., and
Coast Guard will not retaliate against
significant effect on the human extending back to the original point
small entities that question or complain
environment. It is categorically 21°24′56″ N., 157°44′58″ W.
about this rule or any policy or action
excluded from further review under (b) Effective period. This rule is
of the Coast Guard.
paragraph 34(g) of Figure 2–1 of the effective from 4:00 p.m. (HST) on
C. Collection of Information August 30, 2016, through 11:30 p.m.
Commandant Instruction. An
This rule will not call for a new environmental analysis checklist (HST) on September 2, 2016.
collection of information under the supporting this determination and a (c) Regulations. The general
Paperwork Reduction Act of 1995 (44 Categorical Exclusion Determination are regulations governing security zones
U.S.C. 3501–3520). available in the docket where indicated contained in § 165.33 apply to the
under ADDRESSES. security zone created by this temporary
D. Federalism and Indian Tribal final rule.
Governments G. Protest Activities (1) All persons and vessels are
A rule has implications for federalism The Coast Guard respects the First required to comply with the general
under Executive Order 13132, Amendment rights of protesters. regulations governing security zones
Federalism, if it has a substantial direct Protesters are asked to contact the found in this part.
effect on the States, on the relationship person listed in the FOR FURTHER (2) Entry into or remaining in this
between the national government and INFORMATION CONTACT section to zone is prohibited unless authorized by
the States, or on the distribution of coordinate protest activities so that your the COTP or his designated
power and responsibilities among the message can be received without representative.
various levels of government. We have jeopardizing the safety or security of (3) Persons or vessels desiring to
analyzed this rule under that Order and people, places or vessels. transit the security zone identified in
have determined that it is consistent paragraph (a) of this section may contact
with the fundamental federalism List of Subjects in 33 CFR Part 165 the COTP through his designated
principles and preemption requirements Harbors, Marine safety, Navigation representatives at the Command Center
ehiers on DSK5VPTVN1PROD with RULES

described in Executive Order 13132. (water), Reporting and recordkeeping via telephone: (808) 842–2600 and (808)
Also, this rule does not have tribal requirements, Security measures, 842–2601; fax: (808) 842–2642; or on
implications under Executive Order Waterways. VHF channel 16 (156.8 Mhz) to request
13175, Consultation and Coordination For the reasons discussed in the permission to transit the zones. If
with Indian Tribal Governments, preamble, the Coast Guard amends 33 permission is granted, all persons and
because it does not have a substantial CFR part 165 as follows: vessels must comply with the

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Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 58849

instructions of the COTP or his NA Not applicable. II. What action did EPA propose on the SIP
designated representative and proceed [FR Doc. C1–2016–08913 Filed 8–25–16; 8:45 am] submission?
at the minimum speed necessary to III. What comments did EPA receive in
BILLING CODE 1505–01–D
response to its proposal?
maintain a safe course while in the IV. What action is EPA taking?
zone. V. What are the consequences of a
(4) The U.S. Coast Guard may be ENVIRONMENTAL PROTECTION disapproved SIP?
assisted in the patrol and enforcement AGENCY VI. Statutory and Executive Order Reviews
of the security zone by Federal, State,
and local agencies. 40 CFR Part 52 I. Background
(d) Notice of enforcement. The COTP [EPA–R02–OAR–2016–0320; FRL–9951–49–
This rulemaking addresses CAA
will cause notice of the enforcement of Region 2] section 110(a)(2)(D)(i) requirements in
the security zone described in this New York’s infrastructure SIP submitted
section to be made by verbal broadcasts Partial Approval and Partial on April 4, 2013 to address applicable
and written notice to mariners and the Disapproval of Air Quality infrastructure requirements with respect
general public. Implementation Plans; New York; to the 2008 ozone NAAQS.
(e) Definitions. As used in this Interstate Transport Infrastructure SIP The requirement for states to make a
section, designated representative Requirements for the 2008 Ozone SIP submission of this type arises out of
means any Coast Guard commissioned, NAAQS CAA section 110(a)(1). Pursuant to
warrant, or petty officer who has been section 110(a)(1), states must make SIP
authorized by the COTP to assist in AGENCY: Environmental Protection submissions ‘‘within 3 years (or such
enforcing the security zone described in Agency (EPA). shorter period as the Administrator may
paragraph (a) of this section. ACTION: Final rule. prescribe) after the promulgation of a
Dated: August 16, 2016. national primary ambient air quality
SUMMARY: The Environmental Protection standard (or any revision thereof),’’ and
M.C. Long, Agency (EPA) is partially approving and these SIP submissions are to provide for
Captain, U.S. Coast Guard, Captain of the partially disapproving elements of a the ‘‘implementation, maintenance, and
Port, Honolulu. New York State Implementation Plan enforcement’’ of such NAAQS. The
[FR Doc. 2016–20530 Filed 8–25–16; 8:45 am] (SIP) submittal pertaining to the statute directly imposes on states the
BILLING CODE 9110–04–P infrastructure requirements of section duty to make these SIP submissions,
110 of the Clean Air Act (CAA) for the and the requirement to make the
2008 ozone National Ambient Air submissions is not conditioned upon
ENVIRONMENTAL PROTECTION Quality Standard (NAAQS). The EPA’s taking any action other than
AGENCY infrastructure requirements are designed promulgating a new or revised NAAQS.
to ensure that the structural components Section 110(a)(2) includes a list of
40 CFR Part 52 of each state’s air quality management specific elements that ‘‘[e]ach such
[EPA–R01–OAR–2015–0402; FRL–9945–13– program are adequate to meet the state’s plan’’ submission must address. EPA
Region 1] responsibilities under the CAA. This commonly refers to such state plans as
action pertains specifically to ‘‘infrastructure SIPs.’’ In particular,
Air Plan Approval; Rhode Island; infrastructure requirements concerning section 110(a)(2)(D)(i)(I) requires SIPs to
Infrastructure State Implementation interstate transport provisions. include provisions prohibiting any
Plan Requirements for Particle Matter, DATES: This rule is effective on source or other type of emissions
Ozone, Lead, Nitrogen Dioxide and September 26, 2016. activity in one state from contributing
Sulfur Dioxide ADDRESSES: The EPA has established a significantly to nonattainment of the
Correction docket for this action under Docket ID NAAQS (commonly referred to as prong
No. EPA–R02–OAR–2016–0320. All 1), or interfering with maintenance of
In rule document 2016–08913, documents in the docket are listed on the NAAQS (prong 2), in any another
appearing on pages 23175–23180 in the the http://www.regulations.gov Web state. Section 110(a)(2)(D)(i)(II) requires
issue of Wednesday, April 20, 2016, site. Although listed in the index, some SIPs to include provisions prohibiting
make the following correction: information is not publicly available, any source or other type of emissions
On page 23177, in the first column, in activity in one state from interfering
e.g., Confidential Business Information
the first paragraph following the table, with measures required to prevent
or other information whose disclosure is
lines 1–23, should read as follows: significant deterioration (PSD) of air
In the above table, the key is as follows:
restricted by statute. Certain other
material, such as copyrighted material, quality (prong 3) and to protect
A Approve
A* Approve, but conditionally approve is not placed on the Internet and will be visibility (prong 4) in another state. This
aspect of PSD program relating to the publicly available only in hard copy. rulemaking addresses prongs 1, 2, and 4
identification of NOX as a precursor for Publicly available docket materials are of CAA section 110(a)(2)(D)(i). EPA will
ozone and addressing the changes made to available either electronically through address the other portions of the April
40 CFR part 51.116 in EPA’s October 20, http://www.regulations.gov or please 4, 2013 infrastructure SIP submittal,
2010 rulemaking (75 FR 64864) concerning contact the person identified in the FOR including prong 3 pertaining to CAA
emissions of fine particulate. section 110(a)(2)(D)(i)(II), in another
FURTHER INFORMATION CONTACT section
D Disapprove, but no further action action.
required because federal regulations
for additional information.
already in place. FOR FURTHER INFORMATION CONTACT: II. What action did EPA propose on the
ehiers on DSK5VPTVN1PROD with RULES

+ Not germane to infrastructure SIPs. Kenneth Fradkin, 212–637–3702, SIP submission?
NI Not included in the September 10, 2008 fradkin.kenneth@epa.gov. The proposed rulemaking associated
(PM2.5), January 2, 2013 (ozone and NO2), SUPPLEMENTARY INFORMATION:
and May 30, 2013 (SO2) submittals which with this final action was published on
Throughout this document, ‘‘we’’, ‘‘us’’, June 21, 2016 (81 FR 40229). In that
are the subject of today’s action.
NT Not taking action in today’s action.
and ‘‘our’’ means EPA. action, EPA proposed to disapprove the
NS No Submittal. I. Background portions of New York’s April 4, 2013

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Document Created: 2016-08-26 10:40:09
Document Modified: 2016-08-26 10:40:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
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.
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]
FR Citation		81 FR 58846
RIN Number		1625-AA87
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 58846 - Security Zone; Kailua Bay, Oahu, HI

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 166 (August 26, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard