Proposed Rule2022-06455
Safety Zone; Blue Angels at Kaneohe Bay Air Show; Oahu, HI
Primary source
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Published
March 28, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary safety zone while the U.S. Navy Blue Angels Squadron conducts aerobatic performances over Kaneohe Bay, Oahu, Hawaii, from 9:00 a.m. through 5:00 p.m., August 12-14, 2022. This safety zone is necessary to protect watercraft and the general public from hazards associated with the U.S. Navy Blue Angels aircraft low flying, high powered jet aerobatics over open waters. Vessels desiring to transit through the zone can request permission by contacting the Honolulu Captain of the Port (COTP) or his designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 59 (Monday, March 28, 2022)</title>
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[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Proposed Rules]
[Pages 17246-17248]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06455]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2022-0064]
RIN 1625-AA00
Safety Zone; Blue Angels at Kaneohe Bay Air Show; Oahu, HI
AGENCY: Coast Guard, Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone while the U.S. Navy Blue Angels Squadron conducts aerobatic
performances over Kaneohe Bay, Oahu, Hawaii, from 9:00 a.m. through
5:00 p.m., August 12-14, 2022. This safety zone is necessary to protect
watercraft and the general public from hazards associated with the U.S.
Navy Blue Angels aircraft low flying, high powered jet aerobatics over
open waters. Vessels desiring to transit through the zone can request
permission by contacting the Honolulu Captain of the Port (COTP) or his
designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 27, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0064 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Chief Petty Officer Bradley Lindsey,
Waterways Management Division, U.S. Coast Guard Sector Honolulu;
telephone (808) 541-4363, email <a href="/cdn-cgi/l/email-protection#2b69594a4f474e52055c054742454f584e526b5e58484c05464247"><span class="__cf_email__" data-cfemail="86c4f4e7e2eae3ffa8f1a8eaefe8e2f5e3ffc6f3f5e5e1a8ebefea">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On January 27, 2022, Kaneohe Bay Air Show 2022 coordinators
informed the
[[Page 17247]]
U.S. Coast Guard of a State of Hawaii approved Air Show plan that
include an aerial performance ``show box'' extending beyond the Kaneohe
Bay Naval Defensive Sea Area as established by Executive Order 8681 of
February 14, 1941. Within this ``show box,'' the U.S. Navy Blue Angels
Squadron will conduct aerobatic performances, exhibiting their
aircraft's maximum performance capabilities, over Kaneohe Bay, Oahu,
Hawaii, during a 3-day period. Taking into account the hazards
associated within this ``show box'' during the Squadron's high powered
multiple jet aircraft performances, and that Kaneohe Bay normally
experiences heavy waterway traffic during the weekends, the COTP
determined that a safety zone for the portions of the ``show box'' that
extend beyond the Kaneohe Bay Naval Defensive Sea would be appropriate
to ensure the safety of all watercraft and the general public during
the Blue Angels' performances. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C.
1231).
III. Discussion of Proposed Rule
The COTP proposes to establish a temporary safety zone while the
U.S. Navy Blue Angels Squadron conducts aerobatic performances over
Kaneohe Bay, Oahu, Hawaii, from 9:00 a.m. through 5:00 p.m., August 12-
14, 2022. This safety zone would encompass a small area of the Kaneohe
Bay Naval Defensive Sea Area, including an area that extends
approximately 200 yards northeast and 1000 yards southwest of the Naval
Defensive Sea Area and is bound by the following points: 21[deg]26.159'
N, 157[deg]47.312' W; then south to 21[deg]25.890' N, 157[deg]47.250'
W; then northeast to 21[deg]27.943' N, 157[deg]44.953' W; then west to
21[deg]28.016' N, 157[deg]45.250' W; and returning southwest to the
starting point. This safety zone will extend from the surface of the
water to the ocean floor. These safety zones are necessary to protect
watercraft and the general public from hazards associated with the U.S.
Navy Blue Angels aircraft low flying, high powered jet aerobatics over
open waters. Vessels requiring emergency transit through the zone may
request permission by contacting the on scene Patrol Commander on VHF
channel 16 (156.800 MHz) or the Honolulu Captain of the Port at
telephone number 808-842-2600. The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessels will be able to
transit in the temporary safety zones with permission from the Honolulu
COTP or his designated representative and transit around the zone
freely.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
Vessels will be allowed to transit in and around the temporary
safety zones in Kaneohe Bay once permission to enter is granted. While
some owners or operators of vessels intending to transit the safety
zone may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator. Before the effective period, we will
issue maritime advisories widely available to the Oahu maritime and
tourist communities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
[[Page 17248]]
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone that extends the Kaneohe Bay Naval Defensive Sea Area on both ends
that would prevent vessels from entering the fight paths for the Air
Show. Normally such actions are categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2022-0064 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T14-0064 to read as follows:
Sec. 165.T14-0064 Safety Zone; Blue Angels at Kaneohe Bay Air Show,
Oahu, Hawaii.
(a) Location. The following area is a safety zone: All waters
contained within an area composing of one box on Kaneohe Bay Naval
Defensive Sea Area as established by Executive Order 8681 of February
14, 1941, in Kaneohe Bay, Oahu, Hawaii. This safety zone extends
approximately 200 yards northeast and 1000 yards southwest of the Naval
Defensive Sea Area and is bound by the following points: 21[deg]26.159'
N, 157[deg]47.312' W; then south to 21[deg]25.890' N, 157[deg]47.250'
W; then northeast to 21[deg]27.943' N, 157[deg]44.953' W; then west to
21[deg]28.016' N, 157[deg]45.250' W; and returning southwest to the
starting point. This safety zone extends from the surface of the water
to the ocean floor. These coordinates are based upon the National
Oceanic and Atmospheric Administration Coast Survey, Pacific Ocean,
Oahu, Hawaii, chart 19359 (NAD 83).
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Honolulu (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF channel 16 (156.800 MHz) or the Honolulu Captain
of the Port at telephone number 808-842-2600. Those in the safety zone
must comply with all lawful orders or directions given to them by the
COTP or the COTP's designated representative.
(d) Enforcement period. This section will be enforced daily between
the hours of 9:00 a.m. through 5:00 p.m., August 12-14, 2022.
Dated: March 21, 2022.
A.B. Avanni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2022-06455 Filed 3-25-22; 8:45 am]
BILLING CODE 9110-04-P
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