[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Rules and Regulations]
[Pages 66223-66225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18205]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0618]
RIN 1625-AA00


Safety Zone, Kahanamoku Beach, Honolulu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 
18, 2024. This rulemaking prohibits, 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.

DATES: This rule is effective without actual notice from August 15, 
2024 through 9:30 p.m. on August 18, 2024. For the purposes of 
enforcement, actual notice will be used from 4:30 p.m. on August 13, 
2024, until August 15, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0618 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 about this rule, 
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 Information and Regulatory History

    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. In response, on July 17, 2024, the Coast Guard 
published a notice of proposed rulemaking (NPRM) titled Safety Zone, 
Kahanamoku Beach, Honolulu, HI (89 FR 58095), stating why the Coast 
Guard issued the NPRM and invited comments on the proposed regulatory 
action related to this drone show. The comment period ended August 1, 
2024, and the Coast Guard received no comments.
    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. Delaying the effective date of 
this rule would be impracticable because prompt action is needed to 
respond to the potential safety hazards associated with the 428 drones 
flying overhead at a popular surfing spot in Waikiki.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Honolulu (COTP) has determined 
that potential hazards associated with the drone show to be used in 
this display will be a safety concern for anyone within the safety 
zone. The purpose of this rule is to ensure the safety of personnel, 
vessels, and the marine environment within the navigable waters of the 
safety zone before, during, and after the scheduled events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published July 
17, 2024. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a safety zone from 9 p.m. on August 13 
through 9:30 p.m. on August 18, 2024. The safety zone 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 through 9:30 p.m., daily, on August 15, 17, and 18, 
2024. The safety zone will cover all navigable waters 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. The 
duration of the zone is intended to ensure the safety of persons and 
vessels and these navigable waters during the scheduled drone shows. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the duration and 
time-of-day of the safety zone. This safety zone will be of limited 
duration to minimize any adverse impacts to persons and vessels who 
would be in the area. Vessel traffic will only be restricted in the 
limited access area while drones are in the air. Further, the Coast 
Guard will issue Broadcast Notice to Mariners via VHF-FM Marine Channel 
16 about the zone and persons or vessels desiring to enter the safety 
zone may do so with permission from the COTP or a

[[Page 66224]]

Designated Representative. Advance public notifications will also be 
made to local mariners through appropriate means, which may include 
Local Notice to Mariners and Broadcast Notice to Mariners.

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 because they are able to transit during 
the periods of time the drones are not in-flight.
    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).

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 proposed rule 
involves a safety zone lasting 6 hours that would prohibit entry within 
the ``showbox''. 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 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:  46 U.S.C. 70034; 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) 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 Sector 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

[[Page 66225]]

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: August 8, 2024.
Aja L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Sector Honolulu.
[FR Doc. 2024-18205 Filed 8-14-24; 8:45 am]
 BILLING CODE 9110-04-P