[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Proposed Rules]
[Pages 17246-17248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06455]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2022-0064]
RIN 1625-AA00


Safety Zone; Blue Angels at Kaneohe Bay Air Show; Oahu, HI

AGENCY: Coast Guard, Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone while the U.S. Navy Blue Angels Squadron conducts aerobatic 
performances over Kaneohe Bay, Oahu, Hawaii, from 9:00 a.m. through 
5:00 p.m., August 12-14, 2022. 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 his 
designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 27, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0064 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Chief Petty Officer Bradley Lindsey, 
Waterways Management Division, U.S. Coast Guard Sector Honolulu; 
telephone (808) 541-4363, email [email protected].

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, Purpose, and Legal Basis

    On January 27, 2022, Kaneohe Bay Air Show 2022 coordinators 
informed the

[[Page 17247]]

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 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. The Coast Guard is proposing this 
rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 
1231).

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone while the 
U.S. Navy Blue Angels Squadron conducts aerobatic performances over 
Kaneohe Bay, Oahu, Hawaii, from 9:00 a.m. through 5:00 p.m., August 12-
14, 2022. This safety zone would encompass a small area of the Kaneohe 
Bay Naval Defensive Sea Area, including an area that 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 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. The regulatory text we are proposing 
appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessels will be able to 
transit in the temporary safety zones with permission from the Honolulu 
COTP or his designated representative and transit around the zone 
freely.

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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    Vessels will be allowed to transit in and around the temporary 
safety zones in Kaneohe Bay once permission to enter is granted. While 
some owners or operators of vessels intending to transit the safety 
zone may be small entities, for the reasons stated in section IV.A 
above this proposed rule would not have a significant economic impact 
on any vessel owner or operator. Before the effective period, we will 
issue maritime advisories widely available to the Oahu maritime and 
tourist communities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.
    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 proposed rule. If the proposed 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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

[[Page 17248]]

F. Environment

    We have analyzed this proposed 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 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 proposed rule involves a safety 
zone that extends the Kaneohe Bay Naval Defensive Sea Area on both ends 
that would prevent vessels from entering the fight paths for the Air 
Show. Normally such actions are 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 preliminary 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. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0064 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing to amend 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 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, 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 section will be enforced daily between 
the hours of 9:00 a.m. through 5:00 p.m., August 12-14, 2022.

    Dated: March 21, 2022.
A.B. Avanni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2022-06455 Filed 3-25-22; 8:45 am]
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