Rule2024-18205
Safety Zone, Kahanamoku Beach, Honolulu, HI
Primary source
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Published
August 15, 2024
Effective
August 15, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of the Kahanamoku Beach. This action is necessary to provide for the safety of life on these navigable waters near Honolulu, HI, during a drone show display at various times on August 13 through 18, 2024. This rulemaking prohibits, during the enforcement periods, persons and vessels from entering the safety zone unless authorized by the Captain of the Port Sector Honolulu or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 158 (Thursday, August 15, 2024)</title>
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[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Rules and Regulations]
[Pages 66223-66225]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18205]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0618]
RIN 1625-AA00
Safety Zone, Kahanamoku Beach, Honolulu, HI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Kahanamoku Beach. This action is necessary to
provide for the safety of life on these navigable waters near Honolulu,
HI, during a drone show display at various times on August 13 through
18, 2024. This rulemaking prohibits, during the enforcement periods,
persons and vessels from entering the safety zone unless authorized by
the Captain of the Port Sector Honolulu or a designated representative.
DATES: This rule is effective without actual notice from August 15,
2024 through 9:30 p.m. on August 18, 2024. For the purposes of
enforcement, actual notice will be used from 4:30 p.m. on August 13,
2024, until August 15, 2024.
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-
2024-0618 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 about this rule,
call or email Petty Officer Vivian S. Gonzalez, Waterway Management
Division, U.S. Coast Guard; telephone 808-522-8264, email
<a href="/cdn-cgi/l/email-protection#89dfe0ffe0e8e7a7daa7cee6e7f3e8e5ecf3c9fcfaeaeea7e4e0e5"><span class="__cf_email__" data-cfemail="a7f1ced1cec6c989f489e0c8c9ddc6cbc2dde7d2d4c4c089cacecb">[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 June 21, 2024, an organization notified the Coast Guard that it
will be conducting a drone show display from 9 p.m. through 4:30 a.m.,
daily, on August 13 through 15, 2024 and from 6:30 p.m. to 9:30 p.m.,
daily, on August 15, 17, and 18, 2024. The drones are to be launched
from a nearby parking lot approximately 200 feet southwest of the
southwestern point of the Hilton Lagoon into the ``showbox'' located
between the following 4 coordinates: 21[deg]16'52.02'' N
157[deg]50'27.88'' W; 21[deg]16'44.24'' N 157[deg]50'29.67'' W;
21[deg]16'40.06'' N 157[deg]50'16.65'' W; and 21[deg]16'47.24'' N
157[deg]50'13.39'' W. In response, on July 17, 2024, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled Safety Zone,
Kahanamoku Beach, Honolulu, HI (89 FR 58095), stating why the Coast
Guard issued the NPRM and invited comments on the proposed regulatory
action related to this drone show. The comment period ended August 1,
2024, and the Coast Guard received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because prompt action is needed to
respond to the potential safety hazards associated with the 428 drones
flying overhead at a popular surfing spot in Waikiki.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Honolulu (COTP) has determined
that potential hazards associated with the drone show to be used in
this display will be a safety concern for anyone within the safety
zone. The purpose of this rule is to ensure the safety of personnel,
vessels, and the marine environment within the navigable waters of the
safety zone before, during, and after the scheduled events.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published July
17, 2024. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone from 9 p.m. on August 13
through 9:30 p.m. on August 18, 2024. The safety zone will be enforced
from 9 p.m. to 4:30 a.m., daily, on August 13, 2024, through August 15,
2024 and from 6:30 through 9:30 p.m., daily, on August 15, 17, and 18,
2024. The safety zone will cover all navigable waters located between
the following 4 coordinates: 21[deg]16'52.02'' N 157[deg]50'27.88'' W;
21[deg]16'44.24'' N 157[deg]50'29.67'' W; 21[deg]16'40.06'' N
157[deg]50'16.65'' W; and 21[deg]16'47.24'' N 157[deg]50'13.39'' W. The
duration of the zone is intended to ensure the safety of persons and
vessels and these navigable waters during the scheduled drone shows. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on 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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the duration and
time-of-day of the safety zone. This safety zone will be of limited
duration to minimize any adverse impacts to persons and vessels who
would be in the area. Vessel traffic will only be restricted in the
limited access area while drones are in the air. Further, the Coast
Guard will issue Broadcast Notice to Mariners via VHF-FM Marine Channel
16 about the zone and persons or vessels desiring to enter the safety
zone may do so with permission from the COTP or a
[[Page 66224]]
Designated Representative. Advance public notifications will also be
made to local mariners through appropriate means, which may include
Local Notice to Mariners and Broadcast Notice to Mariners.
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 because they are able to transit during
the periods of time the drones are not in-flight.
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).
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 proposed rule
involves a safety zone lasting 6 hours that would prohibit entry within
the ``showbox''. 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 is
amending 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; 33 CFR 1.05-1, 6.04-1, 6.04-6, and
160.5; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.3.
0
2. Add Sec. 165.T14-0618 to read as follows:
Sec. 165.T14-0618 Safety Zone, Kahanamoku Beach, Honolulu, HI.
(a) Location. The following area is a safety zone: All waters
offshore of Kahanamoku Beach, from surface to bottom, encompassed by a
line connecting the following points beginning at 21[deg]16'52.02'' N
157[deg]50'27.88'' W, thence to 21[deg]16'44.24'' N 157[deg]50'29.67''
W, thence to 21[deg]16'40.06'' N 157[deg]50'16.65'' W, thence to
21[deg]16'47.24'' N 157[deg]50'13.39'' W, back to the beginning point.
These coordinates are based on 1984 World Geodetic System (WGS 84).
(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 Sector 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
[[Page 66225]]
representative by calling Sector Honolulu Command Center at 808-842-
2603. During the enforcement periods, all persons and vessels permitted
to enter 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 periods. This section will be enforced from 9 p.m.
to 4:30 a.m., daily, on August 13, 2024, through August 15, 2024, and
from 6:30 to 9:30 p.m., daily, on August 15, 17, and 18, 2024.
Dated: August 8, 2024.
Aja L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Sector Honolulu.
[FR Doc. 2024-18205 Filed 8-14-24; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.