Safety Zone; Kaneohe Bay, Oahu, HI
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Issuing agencies
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. This safety zone is necessary to protect watercrafts and the general public from hazards associated with the U.S. Navy Blue Angels aircraft performing low flying, high powered jet aerobatics over open water. This rulemaking prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port (COTP) Sector Honolulu or a designated representative.
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<title>Federal Register, Volume 90 Issue 128 (Tuesday, July 8, 2025)</title>
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[Federal Register Volume 90, Number 128 (Tuesday, July 8, 2025)]
[Rules and Regulations]
[Pages 29988-29990]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12625]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2025-0120]
RIN 1625-AA00
Safety Zone; Kaneohe Bay, 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. This safety zone is necessary to protect
watercrafts and the general public from hazards associated with the
U.S. Navy Blue Angels aircraft performing low flying, high powered jet
aerobatics over open water. This rulemaking prohibits persons and
vessels from being in the safety zone unless authorized by the Captain
of the Port (COTP) Sector Honolulu or a designated representative.
DATES: This rule is effective on August 8 through August 10, 2025. It
will be subject to enforcement from 11 a.m. to 7 p.m. each day.
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-
2025-0120 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 Chief Petty Officer Bradley W. Lindsey, Waterway
Management Division, U.S. Coast Guard; DIPS 571-610-0730, email
<a href="/cdn-cgi/l/email-protection#195b6b787d757c60374e375570777d6a7c60596c6a7a7e37747075"><span class="__cf_email__" data-cfemail="5e1c2c3f3a323b277009701237303a2d3b271e2b2d3d3970333732">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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 November 12, 2024, Marine Corps Base Hawaii (MCBH) 2025 Airshow
coordinators notified the Coast Guard that it will be conducting an Air
Show that includes an aerial performance ``show box'' extending beyond
the
[[Page 29989]]
Kaneohe Bay Naval Defensive Sea Area from 11 a.m. to 7 p.m. on August 8
through 10, 2025. 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. In response, on May 21, 2025, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Safety
Zone; Kaneohe Bay; Oahu, HI (90 FR 21708). In the NPRM, the Coast Guard
stated why issued the NPRM was issued and invited comments on the
proposed regulatory action related to this aerial performance. During
the comment period that ended June 20, 2025, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The COTP Honolulu has determined that potential hazards
associated with the aerial performance would be a safety concern for
anyone within the ``show box'' that extend beyond the Kaneohe Bay Naval
Defensive Sea. The purpose of this rule is to ensure safety of vessels
and the navigable waters 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 May
21, 2025. 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 11 a.m. to 7 p.m. on
August 8 through August 10, 2025. The safety zone will cover all
navigable waters within 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 to complete a rectangle. The duration of the zone is
intended to ensure the safety of watercrafts 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.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This regulatory action determination is based on the size,
location, duration and time of day of the regulated area. 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 will 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
[[Page 29990]]
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
acrobatic performances. 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.
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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T14-0120 to read as follows:
Sec. 165.T14-0120 Safety Zone; Kaneohe Bay, Oahu, HI
(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 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. These coordinates are based North
American Datum 83 (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 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
representative via CH. 16 VHF or by calling the 24hr command center at
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 periods. This section will be subject to
enforcement from 11 a.m. to 7 p.m. on August 8 through 10, 2025.
Dated: June 25, 2025.
N.S. Worst,
CAPTAIN, U.S. Coast Guard, Captain of the Port Sector Honolulu.
[FR Doc. 2025-12625 Filed 7-7-25; 8:45 am]
BILLING CODE 9110-04-P
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