[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Proposed Rules]
[Pages 58095-58097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15694]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2024-0618]
RIN 1625-AA00


Safety Zone, Kahanamoku Beach, Honolulu, HI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain waters of the Kahanamoku Beach. This action is 
necessary to provide for the safety of life on these navigable waters 
near Honolulu, HI, during a drone show display at various times on 
August 13 through August 18, 2024. This proposed rulemaking would 
prohibit, during the enforcement periods, persons and vessels from 
entering the safety zone unless authorized by the Captain of the Port 
Sector Honolulu or a 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 August 1, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0618 using the Federal Decision-Making Portal at https://www.reguations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Vivian S. Gonzalez, 
Waterway Management Division, U.S. Coast Guard; telephone 808-522-8264, 
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 June 21, 2024, an organization notified the Coast Guard that it 
will be conducting a drone show display from 9 p.m. through 4:30 a.m., 
daily, on August 13 through 15, 2024 and from 6:30 p.m. to 9:30 p.m., 
daily, on August 15, 17 and 18, 2024. The drones are to be launched 
from a nearby parking lot approximately 200 feet southwest of the 
southwestern point of the Hilton Lagoon into the ``showbox'' located 
between the following 4 coordinates: 21[deg]16'52.02'' N 
157[deg]50'27.88'' W; 21[deg]16'44.24'' N 157[deg]50'29.67'' W; 
21[deg]16'40.06'' N 157[deg]50'16.65'' W; and 21[deg]16'47.24'' N 
157[deg]50'13.39'' W. Hazards from drone show displays include 
accidental misfunctioning of the drones, dangerous projectiles, and 
falling drones or other debris. The Captain of the Port Sector Honolulu 
(COTP) has determined that potential hazards associated with the drone 
show to be used in this display

[[Page 58096]]

would be a safety concern for anyone within the safety zone.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters before, during, and after the scheduled event. 
The Coast Guard is proposing this rulemaking under authority in 46 
U.S.C. 70034.
    Due to the August 13, 2024 event start date, the Coast Guard is 
issuing this notice of proposed rulemaking (NPRM) with a comment period 
less than 30 days in order to allow an opportunity for public comment. 
In addition, the Coast Guard anticipates issuing a final rule with an 
effective date less than 30 days after publication in the Federal 
Register. Should that occur, we will explain our good cause for doing 
so in that publication, as required by 5 U.S.C. 553(d)(3).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 9.p.m. on 
August 13, 2024 through 9:30 p.m. August 18, 2024. This safety zone 
would be enforced from 9 p.m. to 4:30 a.m., daily, on August 13, 2024 
through August 15, 2024 and from 6:30 to 9:30 p.m., daily, on August 
15, 17 and 18, 2024. The safety zone would cover all navigable waters 
within the ``showbox''. The duration of the zone is intended to ensure 
the safety of vessels and these navigable waters during the drone show 
display. No vessel or person would be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative. 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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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, duration, and time-of-day of the safety zone. The proposed 
safety zone is near shore in a surf zone where there is no vessel 
traffic, and this safety zone will ensure safety of swimmers, surfers, 
paddlers and other beach attendees.

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.
    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.
    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.

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 lasting 6 hours that would prohibit entry within the ``showbox''. 
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

[[Page 58097]]

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-2024-0618 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. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    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, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T14-0618 to read as follows


Sec.  165.T14-0618  Safety Zone, Kahanamoku Beach, Honolulu, HI

    (a) Location. The following area is a safety zone: All waters 
offshore of Kahanamoku Beach, from surface to bottom, encompassed by a 
line connecting the following points beginning at 21[deg]16'52.02'' N 
157[deg]50'27.88'' W, thence to 21[deg]16'44.24'' N 157[deg]50'29.67'' 
W, thence to 21[deg]16'40.06'' N 157[deg]50'16.65'' W, thence to 
21[deg]16'47.24'' N 157[deg]50'13.39'' W, back to the beginning point. 
These coordinates are based on 1984 World Geodetic System (WGS 84).
    (b) 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 by calling Sector Honolulu Command Center at 808-842-
2603. During the enforcement periods, all persons and vessels permitted 
to enter 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 periods. This section will be enforced from 9 p.m. 
to 4:30 a.m., daily, on August 13, 2024 through August 15, 2024 and 
from 6:30 to 9:30 p.m., daily, on August 15, 17 and 18, 2024.

    Dated: July 11, 2024.
Aja L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Sector Honolulu.
[FR Doc. 2024-15694 Filed 7-16-24; 8:45 am]
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