[Federal Register Volume 75, Number 184 (Thursday, September 23, 2010)]
[Rules and Regulations]
[Pages 57857-57859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23768]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0705]
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 two temporary safety zones 
while the U.S. Navy Blue Angels Squadron conducts aerobatic 
performances over Kaneohe Bay, Oahu, Hawaii. 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.

DATES: This rule is effective from 9 a.m. on September 24, 2010, 
through 7 p.m. on September 26, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0705 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0705 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Lieutenant Commander Marcella Granquist, 
Waterways Management Division, U.S. Coast Guard Sector Honolulu, 
telephone 808-842-2600, e-mail <a href="/cdn-cgi/l/email-protection#2865495a4b4d4444490669066f5a4946595d415b5c685d5b4b4f06454144"><span class="__cf_email__" data-cfemail="1d507c6f7e7871717c335c335a6f7c736c68746e695d686e7e7a33707471">[email protected]</span></a>. If you 
have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 18, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled: Safety Zone; Blue Angels at Kaneohe Bay Air Show, 
Oahu, HI in the Federal Register (75 FR 159). We received no comments 
on the proposed rule. No public meeting was requested, and none was 
held.
    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 because the duration to complete 
meetings with local stakeholders, required before a safety zone could 
be designated, did not afford the time needed before the rulemaking 
process could be completed to protect watercraft and the general public 
from hazards associated with the U.S. Navy Blue Angels aerial 
aerobatics.

Basis and Purpose

    On July 20, 2010, Kaneohe Bay Air Show 2010 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 (NDSA) 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 weekends, two safety zones 
for the portions of the ``show box'' that extend beyond the Kaneohe Bay 
NDSA was determined to be appropriate by the Captain of the Port so as 
to ensure the safety of all watercraft and the general public during 
the performances.

[[Page 57858]]

Discussion of Comments and Changes

    As planning for the event developed, it was suggested that the best 
course of action would be to modify the temporary safety zones, by 
moving the ``show box'' northeast, to ensure channels within Kaneohe 
Bay remained open during the Blue Angels' performance. The Coast Guard 
believes that the slightly modified area is better suited to 
accommodating the needs of the air show and safeguarding the public. 
Consequently, the two safety zones were moved slightly but remain 
intact to cover the areas of the required ``show box'' that fall 
outside of the NDSA. The coordinates for the two temporary safety zones 
are now as follows: (1) Southwest of Mokapu Peninsula: The NDSA 
extending from 21[deg]26.449 N, 157[deg]47.071 W then Southeast to 
21[deg]26.270 N, 157[deg]46.895 W then Northwest at a bearing of 
51[deg] True to the NDSA. (2) North of Mokapu Peninsula: The NDSA 
extending Northeast to position 21[deg]27.943 N, 157[deg]44.953 W then 
Southeast to 21[deg]28.251 N, 157[deg]44.880 W then South at a bearing 
of 239[deg] True to the NDSA. Even with the modifications, we note that 
transit through Kaneohe Bay, the Sampan Channel and Kaneohe Bay 
Entrance Channel will remain open.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    Although this rule restricts access to the waters within the two 
temporary safety zones, the effect of this rule will not be significant 
because watercraft will be able to transit around without restriction. 
Furthermore, watercraft will be able to transit through the safety 
zones with permission from the Honolulu Captain of the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities. While the temporary safety zones are being enforced, 
watercraft will be able to transit freely around the zones. 
Furthermore, watercraft will be allowed to transit through the 
temporary safety zones if permission to enter is granted by the 
Honolulu Captain of the Port. Before the effective period, we will 
issue daily maritime advisories and widely available to users of the 
area including VHF Channel 16.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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.

Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not

[[Page 57859]]

require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves the establishment of 
two temporary safety zones for daily offshore Blue Angels performances 
permitted as a marine event. An environmental analysis checklist and a 
categorical exclusion determination are available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
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:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T14-210 to read as follows:


Sec.  165.T14-210  Safety Zone; Blue Angels at Kaneohe Bay Air Show, 
Oahu, Hawaii.

    (a) Location. The following areas, consisting of all waters 
contained within an area of one box on the southwest side and one box 
on the north side of the Kaneohe Bay Naval Defensive Sea Area (NDSA) as 
established by Executive Order No. 8681 of February 14, 1941, in 
Kaneohe Bay, Oahu, Hawaii, are temporary safety zones. 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.
    (1) Southwest of Mokapu Peninsula: The NDSA extending from 
21[deg]26.449 N, 157[deg]47.071 W then Southeast to 21[deg]26.270 N, 
157[deg]46.895 W then Northwest at a bearing of 51[deg]True to the 
NDSA.
    (2) North of Mokapu Peninsula: The NDSA extending Northeast to 
position 21[deg]27.943 N, 157[deg]44.953 W then Southeast to 
21[deg]28.251 N, 157[deg]44.880 W then South at a bearing of 239[deg] 
True to the NDSA.
    (b) Regulations. (1) Entry into or remaining in the temporary 
safety zones described in paragraph (a) of this section is prohibited 
unless authorized by the Honolulu Coast Guard Captain of the Port.
    (2) Persons desiring to transit in the safety zones may contact the 
Honolulu Captain of the Port on VHF channel 16 (156.800 MHz), or at 
telephone numbers 808-842-2600 or 808-563-9906 to seek permission to 
transit the area. If permission is granted, all persons and watercraft 
must comply with the instructions of the Honolulu Captain of the Port 
or her designated representative.
    (c) Effective period. This rule is effective from 9 a.m. local 
(HST) time September 24, 2010, through 7 p.m. local (HST) time 
September 26, 2010. This rule will be enforced daily between the hours 
of 9 a.m. local (HST) time to 7 p.m. local (HST) time during September 
24-26, 2010.
    (d) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no person or vessel may enter or remain in 
either zone except for support vessels/aircraft and support personnel, 
or other watercraft authorized by the Honolulu Captain of the Port or 
her designated representatives.
    (e) Penalties. Vessels or persons violating this rule would be 
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: September 8, 2010.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2010-23768 Filed 9-22-10; 8:45 am]
BILLING CODE 9110-04-P


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