Rule2022-14063
Safety Zone; Blue Angels at Kaneohe Bay Air Show; Oahu, HI
Primary source
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Published
July 1, 2022
Effective
August 12, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone while the U.S. Navy Blue Angels Squadron conducts aerobatic performances over Kaneohe Bay, Oahu, Hawaii from 9 a.m. through 5 p.m., August 12-14, 2022. This safety zone will encompass a small area of the Kaneohe Bay Naval Defensive Sea Area, including an area that extends approximately 200 yards northeast and 1,000 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. 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 her designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 126 (Friday, July 1, 2022)</title>
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[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Rules and Regulations]
[Pages 39341-39343]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14063]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0064]
RIN 1625-AA00
Safety Zone; Blue Angels at Kaneohe Bay Air Show; Oahu, HI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone while
the U.S. Navy Blue Angels Squadron conducts aerobatic performances over
Kaneohe Bay, Oahu, Hawaii from 9 a.m. through 5 p.m., August 12-14,
2022. This safety zone will encompass a small area of the Kaneohe Bay
Naval Defensive Sea Area, including an area that extends approximately
200 yards northeast and 1,000 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. 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 her
designated representative.
DATES: This rule is effective from 9 a.m. through 5 p.m., August 12-14,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, 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, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Petty Officer Bradley
[[Page 39342]]
Lindsey, Waterways Management Division, U.S. Coast Guard Sector
Honolulu; telephone (808) 541-4363, email <a href="/cdn-cgi/l/email-protection#febc8c9f9a929b87d089d09297909a8d9b87be8b8d9d99d0939792"><span class="__cf_email__" data-cfemail="dd9fafbcb9b1b8a4f3aaf3b1b4b3b9aeb8a49da8aebebaf3b0b4b1">[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 Information and Regulatory History
On January 27, 2022, Kaneohe Bay Air Show 2022 coordinators
informed the 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 No. 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. In response, on March 28,
2022, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled Safety Zone; Blue Angels at Kaneohe Bay Air Show; Oahu, HI (87
FR 17246). There we stated why we issued the NPRM, and invited comments
on our proposed regulatory action related to this air show. During the
comment period that ended April 27, 2022, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that
potential hazards associated with the air show scheduled to take place
August 12-14, 2022 will be a safety concern for anyone within the
``show box.'' The purpose of this rule is to ensure safety of vessels
and the general public in the safety zone before, during, and after the
scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published March
28, 2022. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a temporary safety zone while the U.S. Navy
Blue Angels Squadron conducts aerobatic performances over Kaneohe Bay,
Oahu, Hawaii from 9 a.m. through 5 p.m., August 12-14, 2022. This
safety zone will encompass a small area of the Kaneohe Bay Naval
Defensive Sea Area, including an area that extends approximately 200
yards northeast and 1,000 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.
V. Regulatory Analyses
We developed this 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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which would
impact a small designated area of Kaneohe Bay and offshore waters.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule would allow
vessels to seek permission to enter the zone.
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 received no comments from the Small Business
Administration on this rulemaking. 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
safety 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
call or email 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).
[[Page 39343]]
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.
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
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 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. This rule involves a
safety zone that extends the Kaneohe Bay Naval Defense Sea Area on both
sides that would prevent vessels from entering the flight paths for the
air show. It is 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 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.
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.
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: 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 No. 8681 of
February 14, 1941, in Kaneohe Bay, Oahu, Hawaii. This safety zone
extends approximately 200 yards northeast and 1,000 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 rule will be enforced daily between
the hours of 9 a.m. through 5 p.m., August 12-14, 2022.
A.L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2022-14063 Filed 6-30-22; 8:45 am]
BILLING CODE 9110-04-P
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