81_FR_88350 81 FR 88115 - Security Zone; Kailua Bay, Oahu, HI

81 FR 88115 - Security Zone; Kailua Bay, Oahu, HI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 235 (December 7, 2016)

Page Range88115-88117
FR Document2016-29317

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.

Federal Register, Volume 81 Issue 235 (Wednesday, December 7, 2016)
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Rules and Regulations]
[Pages 88115-88117]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29317]


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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.

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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 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



                                                                   Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations                                      88115

                                                  List of Subjects 33 CFR Part 165                         navigational channel is clear for vessels             to the VIP. The security zone
                                                    Harbors, Marine safety, Navigation                     to transit. The drill boat APACHE will                encompasses two primary areas from
                                                  (water), Reporting and recordkeeping                     broadcast, via VHF–FM channel 13 and                  the surface of the water to the ocean
                                                  requirements, Security measures,                         16, when the survey has been completed                floor: The navigable waters of the
                                                  Waterways.                                               and the channel is clear to transit.                  Kawainui Canal, beginning at the North
                                                                                                           Vessels requesting to transit through the             Kalaheo Avenue Road Bridge and
                                                    For the reasons discussed in the
                                                                                                           safety zone shall proceed as directed by              continuing northeast into Kailua Bay;
                                                  preamble, the Coast Guard amends 33
                                                                                                           the designated representative of the                  and the navigable waters of Kailua Bay
                                                  CFR 165 as follows:
                                                                                                           Captain of the Port and contact the drill             beginning at Kapoho Point and
                                                  PART 165—REGULATED NAVIGATION                            boat APACHE on VHF–FM channel 13                      extending in a southwesterly direction
                                                  AREAS AND LIMITED ACCESS AREAS                           to make safe passing arrangements.                    to the shore boundary of a property
                                                                                                             (b) Definitions. As used in this                    located at 123 Kailuana Loop, Kailua, HI
                                                  ■ 1. The authority citation for part 165                 section:                                              96734. Entry of persons or vessels into
                                                  continues to read as follows:                              Captain of the Port means Captain of                the security zone is prohibited unless
                                                    Authority: 33 U.S.C 1231; 50 U.S.C. 191;               the Port Delaware Bay. The Captain of                 authorized by the Captain of the Port
                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                the Port is also the Commander, U.S.                  (COTP) Honolulu or a designated
                                                  Department of Homeland Security Delegation               Coast Guard Sector Delaware Bay,                      representative.
                                                  No. 0170.1.                                              Philadelphia, PA.                                     DATES: This rule is effective from 8 a.m.
                                                  ■ 2. Add temporary § 165.T05–1034, to                      Captain of the Port Delaware Bay                    (HST) on December 14, 2016, through 8
                                                  read as follows:                                         means the Commander, U.S. Coast                       a.m. (HST) on January 4, 2017. If the
                                                                                                           Guard Sector Delaware Bay,                            security zone is terminated prior to
                                                  § 165.T05–1034 Safety Zone, Delaware
                                                                                                           Philadelphia, PA.                                     January 4, 2017, the Coast Guard will
                                                  River; Marcus Hook, PA.
                                                                                                             Designated representative means any                 provide notice via a broadcast notice to
                                                     (a) Regulated area. The following area                Coast Guard commissioned, warrant, or
                                                  is a safety zone: All the waters of the                                                                        mariners.
                                                                                                           petty officer who has been authorized
                                                  Delaware River within 500 yards of                                                                             ADDRESSES: Documents mentioned in
                                                                                                           by the Captain of the Port Delaware Bay
                                                  vessels and machinery performing rock                                                                          this preamble are part of docket USCG–
                                                                                                           to assist in enforcing the safety zone
                                                  blasting, rock removal, and dredging                                                                           2016–1025. To view documents
                                                                                                           described in paragraph (a) of this
                                                  operations, in the vicinity of Marcus                                                                          mentioned in this preamble as being
                                                                                                           section.
                                                  Hook, PA, between the southern end of                                                                          available in the docket, go to http://
                                                                                                             (c) Enforcement. The U.S. Coast
                                                  Marcus Hook Anchorage to the western                                                                           www.regulations.gov, type USCG–2016–
                                                                                                           Guard may be assisted by Federal, State
                                                  end of Little Tinicum Island, at the                                                                           1025 in the ‘‘SEARCH’’ box and click
                                                                                                           and local agencies in the patrol and
                                                  entrance to Darby Creek.                                                                                       ‘‘SEARCH.’’ Click on Open Docket
                                                                                                           enforcement of the zone.
                                                     (1) Vessels wishing to transit the                      (d) Enforcement period. This rule will              Folder on the line associated with this
                                                  safety zone in the main navigational                     be enforced from December 01, 2016,                   rule.
                                                  channel may do so if they can make                       through March 15, 2017, unless                        FOR FURTHER INFORMATION CONTACT: If
                                                  satisfactory passing arrangements with                   cancelled earlier by the Captain of the               you have questions on this rule, call or
                                                  the drill boat APACHE or the dredge                      Port.                                                 email Lieutenant Commander Nicolas
                                                  TEXAS in accordance with the                                                                                   Jarboe, Waterways Management
                                                  Navigational Rules in 33 CFR                               Dated: December 1, 2016.                            Division, U.S. Coast Guard Sector
                                                  subchapter E via VHF–FM channel 13 at                    Benjamin A. Cooper,                                   Honolulu; telephone (808) 541–4359,
                                                  least 30 minutes prior to arrival. If                    Captain, U.S. Coast Guard, Captain of the             email Nicolas.a.jarboe@uscg.mil.
                                                  vessels are unable to make satisfactory                  Port Delaware Bay.
                                                                                                                                                                 SUPPLEMENTARY INFORMATION:
                                                  passing arrangements with the drill boat                 [FR Doc. 2016–29261 Filed 12–6–16; 8:45 am]
                                                  APACHE or the dredge TEXAS, they                         BILLING CODE 9110–04–P
                                                                                                                                                                 I. Table of Abbreviations
                                                  may request permission from the                                                                                CFR Code of Federal Regulations
                                                  Captain of the Port, or his designated                                                                         DHS Department of Homeland Security
                                                  representative, on VHF–FM channel 16.                    DEPARTMENT OF HOMELAND                                E.O. Executive Order
                                                     (2) The operator of any vessel                        SECURITY                                              FR Federal Register
                                                  requesting to transit through the safety                                                                       NPRM Notice of proposed rulemaking
                                                                                                           Coast Guard                                           TFR Temporary final rule
                                                  zone shall proceed as directed by the                                                                          Pub. L. Public Law
                                                  drill boat APACHE, the dredge TEXAS                                                                            § Section
                                                  or the designated representative of the                  33 CFR Part 165
                                                                                                                                                                 U.S.C. United States Code
                                                  Captain of the Port and must operate at                  [Docket Number USCG–2016–1025]                        VIP Very Important Person
                                                  the minimum safe speed necessary to
                                                                                                           RIN 1625–AA87                                         II. Background Information and
                                                  maintain steerage and reduce wake.
                                                     (3) No vessels may transit through the                                                                      Regulatory History
                                                                                                           Security Zone; Kailua Bay, Oahu, HI
                                                  safety zone during times of explosives                                                                            The Coast Guard is issuing this
                                                  detonation. During rock blasting                         AGENCY:    Coast Guard, DHS.                          temporary final rule without prior
                                                  detonation vessels will be required to                   ACTION:   Temporary final rule.                       notice and opportunity to comment
                                                  maintain a 500 yard distance from the                                                                          pursuant to authority under section 4(a)
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  drill boat APACHE. The drill boat                        SUMMARY:    The Coast Guard is                        of the Administrative Procedure Act
                                                  APACHE will make broadcasts, via                         establishing a temporary security zone                (APA) [5 U.S.C. 553 (b)]. This provision
                                                  VHF–FM Channel 13 and 16, at 15                          for the protection of a Very Important                authorizes an agency to issue a rule
                                                  minutes, 5 minutes, and 1 minute prior                   Person (VIP). This VIP will be staying                without prior notice and opportunities
                                                  to detonation, as well as a countdown                    on beachfront property in close                       to comment when the agency, for good
                                                  to detonation on VHF–FM Channel 16.                      proximity to Kailua Bay. It is necessary              cause, finds those procedures are
                                                     (4) After every explosive detonation a                to restrict waterway access to vessels                ‘‘impractical, unnecessary, or contrary
                                                  survey will be conducted to ensure the                   and persons to prevent waterside threats              to the public interest.’’ Under 5 U.S.C.


                                             VerDate Sep<11>2014    16:02 Dec 06, 2016   Jkt 241001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\07DER1.SGM   07DER1


                                                  88116            Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations

                                                  553(d)(3), the Coast Guard finds that                    ocean floor: (1) The navigable waters of              that are independently owned and
                                                  good cause exists for not publishing a                   the Kawainui Canal, beginning at the                  operated and are not dominant in their
                                                  Notice of Proposed Rulemaking (NPRM)                     North Kalaheo Avenue Road Bridge and                  fields, and governmental jurisdictions
                                                  and for making this rule effective less                  continuing northeast into Kailua Bay;                 with populations of less than 50,000.
                                                  than 30 days after publication in the                    and (2) the navigable waters of Kailua                The Coast Guard certifies under 5 U.S.C.
                                                  Federal Register. The Coast Guard                        Bay beginning at Kapoho Point and                     605(b) that this rule will not have a
                                                  further finds it impractical to issue an                 extending in a southwesterly direction                significant economic impact on a
                                                  NPRM with respect to this rule because                   to the shore boundary of a property                   substantial number of small entities.
                                                  details of the VIP’s travel to Hawaii                    located at 123 Kailuana Loop, Kailua, HI                 While some owners or operators of
                                                  were not provided to the Coast Guard                     96734.                                                vessels intending to transit the security
                                                  until November 13, 2016, preventing the                    Two (2) shore-side markers will be                  zone may be small entities, for the
                                                  Coast Guard from completing full                         placed in proximity of the security zone              reasons stated in section V.A above, this
                                                  notice-and-comment rulemaking                            along the security zone boundary and                  rule will not have a significant
                                                  procedures. Publishing an NPRM and                       one (1) orange boom will be placed at                 economic impact on any vessel owner
                                                  delaying the effective date would be                     the canal boundary at the North Kalaheo               or operator.
                                                  contrary to the security zone’s intended                 Avenue Road Bridge as visual aids for                    Under section 213(a) of the Small
                                                  objectives, including but not limited to                 mariners and public to approximate the                Business Regulatory Enforcement
                                                  protection of the VIP, mitigation of                     zone. An illustration of the security                 Fairness Act of 1996 (Pub. L. 104–121),
                                                  potential terrorist risks, and enhancing                 zone will be made available on                        we want to assist small entities in
                                                  public and maritime security.                            www.regulations.gov in docket for this                understanding this rule. If the rule
                                                  Publishing a NPRM and delaying the                       rulemaking, USCG–2016–1025. No                        would affect your small business,
                                                  effective date would be contrary to the                  vessel or person will be permitted to                 organization, or governmental
                                                  public interest since the occasion would                 enter the security zone without express               jurisdiction and you have questions
                                                  occur before a notice-and-comment                        authorization from the COTP Honolulu                  concerning its provisions or options for
                                                  rulemaking could be completed, thereby                   or his designated representative.                     compliance, please contact the person
                                                  jeopardizing the safety of the VIP. The                                                                        listed in the FOR FURTHER INFORMATION
                                                                                                           V. Regulatory Analyses
                                                  COTP Honolulu finds this temporary                                                                             CONTACT section.
                                                  security zone must be effective by                         We developed this rule after                           Small businesses may send comments
                                                  December 14, 2016 to ensure the safety                   considering numerous statutes and                     on the actions of Federal employees
                                                  of the VIP during his visit to the Kailua                Executive Orders (E.O.s) related to                   who enforce, or otherwise determine
                                                  Bay area on the eastern coast of Oahu,                   rulemaking. Below we summarize our                    compliance with, Federal regulations to
                                                  Hawaii.                                                  analyses based on these statutes and                  the Small Business and Agriculture
                                                                                                           executive orders.                                     Regulatory Enforcement Ombudsman
                                                  III. Legal Authority and Need for Rule
                                                                                                           A. Regulatory Planning and Review                     and the Regional Small Business
                                                     The Coast Guard is issuing this rule                                                                        Regulatory Fairness Boards. The
                                                  under the authority in 33 U.S.C. 1231.                      E.O. 12866 and 13563 direct agencies               Ombudsman evaluates these actions
                                                  From December 14, 2016 through                           to assess the costs and benefits of                   annually and rates each agency’s
                                                  January 4, 2017, a VIP of the United                     available regulatory alternatives and, if             responsiveness to small business. If you
                                                  States of America plans to visit the                     regulation is necessary, to select                    wish to comment on actions by
                                                  Kailua Bay area on Oahu, Hawaii. The                     regulatory approaches that maximize                   employees of the Coast Guard, call 1–
                                                  security zone encompasses two primary                    net benefits. E.O. 13563 emphasizes the               888–REG–FAIR (1–888–734–3247). The
                                                  areas from the surface of the water to the               importance of quantifying both costs                  Coast Guard will not retaliate against
                                                  ocean floor: (1) The navigable waters of                 and benefits, of reducing costs, of                   small entities that question or complain
                                                  the Kawainui Canal, beginning at the                     harmonizing rules, and of promoting                   about this rule or any policy or action
                                                  North Kalaheo Avenue Road Bridge and                     flexibility. The Coast Guard expects the              of the Coast Guard.
                                                  continuing northeast into Kailua Bay;                    economical impact of this rule to be so
                                                  and (2) the navigable waters of Kailua                   minimal that a full Regulatory                        C. Collection of Information
                                                  Bay beginning at Kapoho Point and                        Evaluation under the regulatory policies                This rule will not call for a new
                                                  extending in a southwesterly direction                   and procedures of the Department of                   collection of information under the
                                                  to the shore boundary of a property                      Homeland Security (DHS) is                            Paperwork Reduction Act of 1995 (44
                                                  located at 123 Kailuana Loop, Kailua, HI                 unnecessary. This expectation is based                U.S.C. 3501–3520).
                                                  96734. The COTP of Honolulu has                          on the limited duration of the zone, the
                                                  determined the potential risks                           limited geographic area affected by it,               D. Federalism and Indian Tribal
                                                  associated with the VIP’s visit to the                   and the lack of commercial vessel traffic             Governments
                                                  Kailua Bay area render a security zone                   affected by the zone. This rule has not                  A rule has implications for federalism
                                                  necessary to ensure the VIP’s safety.                    been designated a ‘‘significant                       under E.O. 13132, Federalism, if it has
                                                  Entry of persons or vessels into the                     regulatory action,’’ under E.O. 12866.                a substantial direct effect on the States,
                                                  security zone is prohibited unless                       Accordingly, it has not been reviewed                 on the relationship between the national
                                                  expressly authorized by the COTP of                      by the Office of Management and                       government and the States, or on the
                                                  Honolulu or a designated representative.                 Budget.                                               distribution of power and
                                                                                                                                                                 responsibilities among the various
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                                                  IV. Discussion of Comments, Changes,                     B. Impact on Small Entities                           levels of government. We have analyzed
                                                  and the Rule                                               The Regulatory Flexibility Act of                   this rule under that executive order and
                                                     This temporary final rule establishes                 1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                                  a security zone from 8 a.m. (HST) on                     requires Federal agencies to consider                 with the fundamental federalism
                                                  December 14, 2016, through 8: a.m.                       the potential impact of regulations on                principles and preemption requirements
                                                  (HST) on January 4, 2017. The security                   small entities during rulemaking. The                 described in E.O. 13132.
                                                  zone encompasses two primary areas                       term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                                  from the surface of the water to the                     businesses, not-for-profit organizations              implications under E.O. 13175,


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                                                                   Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations                                             88117

                                                  Consultation and Coordination with                         For the reasons discussed in the                    security zone. If permission is granted,
                                                  Indian Tribal Governments, because it                    preamble, the Coast Guard amends 33                   all persons and vessels must comply
                                                  does not have a substantial direct effect                CFR part 165 as follows:                              with the instructions of the COTP
                                                  on one or more Indian tribes, on the                                                                           Honolulu or his designated
                                                  relationship between the Federal                         PART 165—REGULATED NAVIGATION                         representative and proceed at the
                                                  Government and Indian tribes, or on the                  AREAS AND LIMITED ACCESS AREAS                        minimum speed necessary to maintain a
                                                  distribution of power and                                                                                      safe course while in the security zone.
                                                  responsibilities between the Federal                     ■ 1. The authority citation for part 165                 (4) The U.S. Coast Guard may be
                                                  Government and Indian tribes. If you                     continues to read as follows:                         assisted in the patrol and enforcement
                                                  believe this rule has implications for                     Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.          of the security zone by Federal, State,
                                                  federalism or Indian tribes, please                      Chapter 701; 50 U.S.C. 191, 195; 33 CFR               and local agencies.
                                                  contact the person listed in the FOR                     1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.               (d) Notice of enforcement. The COTP
                                                                                                           107–295, 116 Stat. 2064; Department of                Honolulu will provide notice of
                                                  FURTHER INFORMATION CONTACT section
                                                                                                           Homeland Security Delegation No. 0170.1
                                                  above.                                                                                                         enforcement of the security zone
                                                                                                           ■ 2. Add § 165.T14–1030 to read as                    described in this section by verbal radio
                                                  E. Unfunded Mandates Reform Act                          follows:                                              broadcasts, written notice to mariners,
                                                    The Unfunded Mandates Reform Act                                                                             and general public outreach.
                                                  of 1995 (2 U.S.C. 1531–1538) requires                    § 165.T14–1030      Security Zone; Kailua Bay,
                                                                                                                                                                    (e) Definitions. As used in this
                                                                                                           Oahu, HI.
                                                  Federal agencies to assess the effects of                                                                      section, designated representative
                                                  their discretionary regulatory actions. In                  (a) Location. The security zone area is            means any Coast Guard commissioned,
                                                  particular, the Act addresses actions                    located within the COTP Zone (See 33                  warrant, or petty officer who has been
                                                  that may result in the expenditure by a                  CFR 3.70–10) and encompasses two                      authorized by the COTP to assist in
                                                  State, local, or tribal government, in the               primary areas from the surface of the                 enforcing the security zone described in
                                                  aggregate, or by the private sector of                   water to the ocean floor: The navigable               paragraph (a) of this section.
                                                  $100,000,000 (adjusted for inflation) or                 waters of the Kawainui Canal, beginning
                                                                                                           at the North Kalaheo Avenue Road                        Dated: December 1, 2016.
                                                  more in any one year. Though this rule                                                                         M.C. Long,
                                                  will not result in such an expenditure,                  Bridge and continuing northeast into
                                                                                                           Kailua Bay; and the navigable waters of               Captain, U.S. Coast Guard, Captain of the
                                                  we do discuss the effects of this rule                                                                         Port, Honolulu.
                                                  elsewhere in this preamble.                              Kailua Bay beginning at Kapoho Point
                                                                                                           and extending in a southwesterly                      [FR Doc. 2016–29317 Filed 12–6–16; 8:45 am]
                                                  F. Environment                                           direction to the shore boundary of a                  BILLING CODE 9110–04–P
                                                    We have analyzed this rule under the                   property located at 123 Kailuana Loop,
                                                  Department of Homeland Security                          Kailua, HI 96734. The geographic
                                                  Management Directive 023–01 and                          coordinates of the zone include the                   DEPARTMENT OF VETERANS
                                                  Commandant Instruction M16475.lD,                        navigable waters of the Kawainui Canal                AFFAIRS
                                                  which guide the Coast Guard in                           beginning at a point 21°24′56″ N.,
                                                  complying with the National                              157°44′58″ W., then extending to                      38 CFR Part 17
                                                  Environmental Policy Act of 1969 (42                     21°25′27″ N., 157°44′21″ W. (Kapoho                   RIN 2900–AP87
                                                  U.S.C. 4321–4370f), and have                             Point) including all the waters to the
                                                  determined that this action is one of a                  west of a straight line to 21°25′11″ N.,              Extension of Pharmacy Copayments
                                                  category of actions that do not                          157°44′39″ W., and extending back to                  for Medications
                                                  individually or cumulatively have a                      the original point 21°24′56″ N.,
                                                                                                           157°44′58″ W.                                         AGENCY:    Department of Veterans Affairs.
                                                  significant effect on the human
                                                  environment. It is categorically                            (b) Effective period. This rule is                 ACTION:   Interim final rule.
                                                  excluded from further review under                       effective from-8 a.m. (HST) on December
                                                                                                           14, 2016, through 8 a.m. (HST) on                     SUMMARY:   The Department of Veterans
                                                  paragraph 34(g) of Figure 2–1 of the                                                                           Affairs (VA) amends its medical
                                                  Commandant Instruction. An                               January 4, 2017.
                                                                                                              (c) Regulations. The general                       regulations concerning the copayment
                                                  environmental analysis checklist                                                                               required for certain medications. This
                                                  supporting this determination and a                      regulations governing security zones
                                                                                                           contained in 33 CFR 165.33 apply to the               rulemaking freezes copayments at the
                                                  Categorical Exclusion Determination are                                                                        current rate for veterans in priority
                                                  available in the docket where indicated                  security zone created by this temporary
                                                                                                           final rule.                                           groups 2 through 8 through February 26,
                                                  under ADDRESSES.                                                                                               2017.
                                                                                                              (1) All persons and vessels are
                                                  G. Protest Activities                                    required to comply with the general                   DATES: Effective Date: This rule is
                                                    The Coast Guard respects the First                     regulations governing security zones                  effective on December 7, 2016.
                                                  Amendment rights of protesters.                          found in 33 CFR part 165.                                Comment date: Comments must be
                                                  Protesters are asked to contact the                         (2) Entry into or remaining in this                received on or before February 6, 2017.
                                                  person listed in the FOR FURTHER                         security zone is prohibited unless                    ADDRESSES: Written comments may be
                                                  INFORMATION CONTACT section to                           authorized by the COTP Honolulu or his                submitted by email through http://
                                                  coordinate protest activities so that your               designated representative.                            www.regulations.gov; by mail or hand-
                                                  message can be received without                             (3) Persons or vessels desiring to                 delivery to Director, Regulation Policy
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                                                  jeopardizing the safety or security of                   transit the security zone identified in               and Management (00REG), Department
                                                  people, places or vessels.                               paragraph (a) of this section may contact             of Veterans Affairs, 810 Vermont
                                                                                                           the COTP of Honolulu through his                      Avenue NW., Room 1068, Washington,
                                                  List of Subjects in 33 CFR Part 165                      designated representatives at the                     DC 20420; or by fax to (202) 273–9026.
                                                    Harbors, Marine safety, Navigation                     Command Center via telephone: (808)                   (This is not a toll-free number.)
                                                  (water), Reporting and recordkeeping                     842–2600 and (808) 842–2601; fax: (808)               Comments should indicate that they are
                                                  requirements, Security measures, and                     842–2642; or on VHF channel 16 (156.8                 submitted in response to ‘‘RIN 2900–
                                                  Waterways.                                               Mhz) to request permission to transit the             AP87-Copayments for Medications in


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Document Created: 2016-12-07 05:32:04
Document Modified: 2016-12-07 05:32:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis 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.
ContactIf 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 Citation81 FR 88115 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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