
[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Proposed Rules]               
[Page 50952-50955]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au10-39]                         

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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes 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. Vessels desiring to transit through the zones can request 
permission by contacting the Honolulu Captain of the Port at telephone 
number 808-842-2600.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 2, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0705 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Lieutenant Commander Marcella Granquist, Waterways 
Management Division, U.S. Coast Guard Sector Honolulu, telephone 808-
842-2600, e-mail Marcella.A.Granquist@uscg.mil. 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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0705), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0705'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0705'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request

[[Page 50953]]

for one on or before 15 days after the date of publication in the 
Federal Register using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background 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 
includes 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, two safety 
zones 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.

Discussion of Proposed Rule

    In order 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, the Coast Guard is proposing 
to establish two temporary safety zones.
    The first safety zone would extend approximately 100 yards 
southwest of the Kane'ohe Bay Naval Defensive Sea Area, bound by the 
following points: 21[deg]28.00 N, 157[deg]46.29 W; 21[deg]28.00 N, 
157[deg]44.09 W; 21[deg]27.05 N, 157[deg]44.02 W; 21[deg]27.10 N, 
157[deg]46.06 W thence along to the beginning point. The second safety 
zone would extend 300 yards northeast of the Sea Area, bounded by the 
following points: 21[deg]26.31 N, 157[deg] 46.47; 21[deg]26.10 N, 
157[deg]47.07 W; and 21[deg] 26.18 N, 157[deg]47.28 W thence along to 
the beginning point. Both of these zones would extend from the surface 
of the water to the ocean floor.
    The Coast Guard is proposing that this temporary regulation would 
be effective from 9 a.m. on September 24, 2010 through 7 p.m. local 
(HST) time during September 26, 2010. The actual enforcement of the 
zones would be done on a daily basis from 9 a.m. local (HST) time 
through 7 p.m. local (HST) time September 24-26, 2010.
    During the times the safety zones would be enforced, vessel traffic 
would be prohibited from transiting the areas included in the safety 
zones. Vessels desiring to transit through the zones could request 
permission by contacting the Honolulu Captain of the Port at telephone 
number 808-842-2600.

Regulatory Analyses

    We developed this proposed 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 proposed 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.
    This rule would not be significant as vessels could safely transit 
around the safety zone. Furthermore, vessels would be able to transit 
in the temporary 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 proposed 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.
    This rule would affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
the Kaneohe Bay, Oahu, Hawaii, from 9 a.m. on September 24, 2010 
through 7 p.m. September 26, 2010. This rule will not have a 
significant effect on a substantial number of small entities for the 
following reasons: (1) This rule will only be in effect for a limited 
period of time; (2) Vessels will be able to transit around the proposed 
safety zones; and (3) Before the effective period, we would issue 
maritime advisories widely available to the Oahu maritime and tourist 
communities. Furthermore, vessels will be allowed to transit in and 
around the temporary safety zones in Kaneohe Bay if permission to enter 
is granted.
    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.

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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Commander Marcella 
Granquist, Waterways Management Division, U.S. Coast Guard Sector 
Honolulu, telephone 808-842-2600, e-mail Marcella.A.Granquist@uscg.mil. 
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.

Collection of Information

    This proposed 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 proposed 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

[[Page 50954]]

more in any one year. Though this proposed 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 proposed rule would not effect 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 proposed 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 proposed 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 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.

Energy Effects

    We have analyzed this proposed 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 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 which do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the establishment of a safety zone. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this proposed 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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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; 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.

    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 northeast side and one box 
on southwest side of the Kane'ohe Bay Naval Defensive Sea Area as 
established by Executive Order No. 8681 of February 14, 1941, in 
Kaneohe Bay, Oahu, Hawaii, are temporary safety zones. These safety 
zones extend 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) The first safety zone extends approximately 100 yards southwest 
of the Kane'ohe Bay Naval Defensive Sea Area and is bounded by the 
following points: 21[deg]28.00 N, 157[deg]46.29 W; 21[deg]28.00N, 
157[deg]44.09 W; 21[deg]27.05 N, 157[deg]44.02 W; 21[deg]27.10 N, 
157[deg]46.06 W thence along to the beginning point.
    (2) The second safety zone extends approximately 300 yards 
northeast of the Kane'ohe Bay Naval Defensive Sea Area and bounded by 
the following points: 21[deg]26.31 N, 157[deg]46.47; 21[deg]26.10 N, 
157[deg]47.07 W.; and 21[deg]26.18 N, 157[deg]47.28 W. thence along to 
the beginning point.
    (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) 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 through 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 the 
zone except for support vessels/aircraft and support personnel, or 
other vessels authorized by the Captain of the Port or his 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.


[[Page 50955]]


    Dated: August 4, 2010.
B.A. Compagnoni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2010-20364 Filed 8-17-10; 8:45 am]
BILLING CODE 9110-04-P

