[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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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