[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Rules and Regulations]
[Pages 56549-56552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22600]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0739]
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. This safety zone encompasses a small area of 
the Kane'ohe Bay Naval

[[Page 56550]]

Defensive Sea Area, including an area that extends approximately 150 
yards northeast and 250 yards southwest of the Defensive Sea Area. This 
safety zone extends 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 at telephone number 808-
842-2600.

DATES: This rule is effective from 9 a.m. September 28, 2012 through 5 
p.m. September 30, 2012. This rule will be enforced on a daily basis 
from 9 a.m. through 5 p.m. September 28 through September 30, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0739]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email Lieutenant Commander Scott O. Whaley, Waterways 
Management Division, U.S. Coast Guard Sector Honolulu, telephone 808-
522-8264 ext. 352, email [email protected]. If you have questions 
on viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard did not receive 
necessary information regarding the event with sufficient time to 
publish an NPRM and to receive public comments prior to the event. Any 
delay in the effective date of this rule would be contrary to the 
public interest because immediate action is needed to minimize 
potential danger to air show participants, participant aircraft, 
spectators, and the general public.
    For the same reason discussed above, 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.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 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, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    On May 14, 2012, Kaneohe Bay Air Show 2012 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 
Kane`ohe 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, a safety zone 
for the portions of the ``show box'' that extend beyond the Kane`ohe 
Bay Naval Defensive Sea 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 Blue Angels' performances.

C. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The economic impact of 
this rule is not significant for the following reasons: (1) The safety 
zone will be enforced for only eight hours each day for a three day 
period; (2) although persons and vessels will not be able to enter, 
transit through, anchor in, or remain within the event area without 
authorization from the Captain of the Port Honolulu or a designated 
representative, they may operate in the surrounding area during the 
enforcement period; (3) persons and vessels may still enter, transit 
through, anchor in, or remain within the event area during the 
enforcement period if authorized by the Captain of the Port Miami or a 
designated representative.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. 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. 
This rule may affect the following entities, some of which may be small 
entities: the owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of Kaneohe 
Bay encompassed within the safety zone from 8 a.m. until 5 p.m. on 
September 28, 29, and 30, 2012. For the reasons discussed in the 
Regulatory Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of small entities.

3. Assistance for Small Entities

    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 
contact the person

[[Page 56551]]

listed in the FOR FURTHER INFORMATION CONTACT, above. 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.

4. 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.).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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.

8. Taking of Private Property

    This rule would 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 made a 
preliminary determination 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 the establishment 
of a temporary safety zone to protect the public on navigable waters of 
the United States. This rule is categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A preliminary environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

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: 33 U.S.C. 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 area is a safety zone: All waters 
contained within an area composing of one box on Kane`ohe Bay Naval 
Defensive Sea Area as established by Executive Order No. 8681 of 
February 14, 1941, in Kaneohe Bay, Oahu, Hawaii. This box extends 
approximately 150 yards northeast and 250 yards southwest of the 
Defensive Sea Area and is bound by the following points: 21[deg]26.449' 
N 157[deg]47.071' W then south to 21[deg]26.270' N 157[deg]46.895' 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 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.
    (b) Regulations. (1) Entry into or remaining in the 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 these safety zones may contact the 
Honolulu Captain of the Port on VHF channel 16 (156.800 MHz) or at 
telephone number 808-842-2600 to seek permission to transit the area. 
If permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his or her designated 
representative.
    (c) Enforcement period. This rule is effective from 9 a.m. 
September 28, 2012 through 5 p.m. September 30, 2012. This rule will be 
enforced daily between the hours of 9 a.m. through 5 p.m. from 
September 28 through September 30, 2012.
    (d) Penalties. Vessels or persons violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.


[[Page 56552]]


    Dated: August 27, 2012.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2012-22600 Filed 9-12-12; 8:45 am]
BILLING CODE 9110-04-P