Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Rules and Regulations 39341 

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 lasting 7 hours that will prohibit 

entry within a 1 mile length of the 

Willamette River for the duration of the 

float event. 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 record keeping 

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 

■ 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. 

■ 2. Add § 165.T13–0372 to read as 

follows: 

§ 165.T13–0372 Safety Zone; Parade, 

Willamette River, Portland, OR. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

Willamette River, in Portland Oregon, 

enclosed by the Hawthorne Bridge, the 

Marquam Bridge, and west of a line 

beginning at the Hawthorne Bridge at 

approximate location 45°30′50′′ N; 

122°40′21′′ W, and running south to the 

Marquam Bridge at approximate 

location 45°30′27′′ N; 122°40′11′′ W. 

(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 Columbia River 

(COTP) in the enforcement of the safety 

zone. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participant in the parade. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, all non-participants 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 by calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. Those 

in the regulated area must comply with 

all lawful orders or directions given to 

them by the COTP or the designated 

representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners 

and by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 10:30 a.m. until 

6:30 p.m. on July 10, 2022. It will be 

subject to enforcement this entire period 

unless the COTP determines it is no 

longer needed, in which case the Coast 

Guard will inform mariners via Notice 

to Mariners. 

Dated: June 24, 2022. 

M. Scott Jackson, 

Captain, U.S. Coast Guard, Captain of the 

Port Columbia River. 

[FR Doc. 2022–14059 Filed 6–30–22; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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°26.159′ N, 

157°47.312′ W; then south to 21°25.890′ 

N, 157°47.250′ W; then northeast to 

21°27.943′ N, 157°44.953′ W; then west 

to 21°28.016′ N, 157°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 


khammond on DSKJM1Z7X2PROD with RULES
39342 Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Rules and Regulations 

Lindsey, Waterways Management 

Division, U.S. Coast Guard Sector 

Honolulu; telephone (808) 541–4363, 

email Bradley.w.lindsey@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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°26.159′ N, 

157°47.312′ W; then south to 21°25.890′ 

N, 157°47.250′ W; then northeast to 

21°27.943′ N, 157°44.953′ W; then west 

to 21°28.016′ N, 157°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). 


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Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Rules and Regulations 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 

■ 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. 

■ 2. Add § 165.T14–0064 to read as 

follows: 

§ 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°26.159′ N, 157°47.312′ W; then south 

to 21°25.890′ N, 157°47.250′ W; then 

northeast to 21°27.943′ N, 157°44.953′ 

W; then west to 21°28.016′ N, 

157°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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0504] 

RIN 1625–AA00 

Safety Zone; San Diego Bay, San 

Diego, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the navigable waters in the vicinity of 

Naval Base Coronado in San Diego Bay, 

San Diego, CA, in support of a U.S. 

Navy construction project. The safety 

zone is needed to protect non-involved 

personnel from potential hazards 

associated with the project. Entry of 

swimmers or divers into this zone will 

be prohibited unless specifically 

authorized by the Captain of the Port 

San Diego. 

DATES: This rule is effective from 7:30 

a.m. on June 30 until 3:30 p.m. on July 

7, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0504 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 


khammond on DSKJM1Z7X2PROD with RULES