[Federal Register Volume 75, Number 184 (Thursday, September 23, 2010)]
[Rules and Regulations]
[Pages 57857-57859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23768]
=======================================================================
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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.
DATES: This rule is effective from 9 a.m. on September 24, 2010,
through 7 p.m. on September 26, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0705 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0705 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Commander Marcella Granquist,
Waterways Management Division, U.S. Coast Guard Sector Honolulu,
telephone 808-842-2600, e-mail [email protected]. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 18, 2010, we published a notice of proposed rulemaking
(NPRM) entitled: Safety Zone; Blue Angels at Kaneohe Bay Air Show,
Oahu, HI in the Federal Register (75 FR 159). We received no comments
on the proposed rule. No public meeting was requested, and none was
held.
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 because the duration to complete
meetings with local stakeholders, required before a safety zone could
be designated, did not afford the time needed before the rulemaking
process could be completed to protect watercraft and the general public
from hazards associated with the U.S. Navy Blue Angels aerial
aerobatics.
Basis 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
include an aerial performance ``show box'' extending beyond the Kaneohe
Bay Naval Defensive Sea Area (NDSA) 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 weekends, two safety zones
for the portions of the ``show box'' that extend beyond the Kaneohe Bay
NDSA 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 performances.
[[Page 57858]]
Discussion of Comments and Changes
As planning for the event developed, it was suggested that the best
course of action would be to modify the temporary safety zones, by
moving the ``show box'' northeast, to ensure channels within Kaneohe
Bay remained open during the Blue Angels' performance. The Coast Guard
believes that the slightly modified area is better suited to
accommodating the needs of the air show and safeguarding the public.
Consequently, the two safety zones were moved slightly but remain
intact to cover the areas of the required ``show box'' that fall
outside of the NDSA. The coordinates for the two temporary safety zones
are now as follows: (1) Southwest of Mokapu Peninsula: The NDSA
extending from 21[deg]26.449 N, 157[deg]47.071 W then Southeast to
21[deg]26.270 N, 157[deg]46.895 W then Northwest at a bearing of
51[deg] True to the NDSA. (2) North of Mokapu Peninsula: The NDSA
extending Northeast to position 21[deg]27.943 N, 157[deg]44.953 W then
Southeast to 21[deg]28.251 N, 157[deg]44.880 W then South at a bearing
of 239[deg] True to the NDSA. Even with the modifications, we note that
transit through Kaneohe Bay, the Sampan Channel and Kaneohe Bay
Entrance Channel will remain open.
Regulatory Analyses
We developed this 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 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.
Although this rule restricts access to the waters within the two
temporary safety zones, the effect of this rule will not be significant
because watercraft will be able to transit around without restriction.
Furthermore, watercraft will be able to transit through the 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 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. While the temporary safety zones are being enforced,
watercraft will be able to transit freely around the zones.
Furthermore, watercraft will be allowed to transit through the
temporary safety zones if permission to enter is granted by the
Honolulu Captain of the Port. Before the effective period, we will
issue daily maritime advisories and widely available to users of the
area including VHF Channel 16.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
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.
Collection of Information
This 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 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 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.
Taking of Private Property
This rule will 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.
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.
Protection of Children
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.
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.
Energy Effects
We have analyzed this 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
[[Page 57859]]
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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of
two temporary safety zones for daily offshore Blue Angels performances
permitted as a marine event. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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: 33 U.S.C. 1226, 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 areas, consisting of all waters
contained within an area of one box on the southwest side and one box
on the north side of the Kaneohe Bay Naval Defensive Sea Area (NDSA) as
established by Executive Order No. 8681 of February 14, 1941, in
Kaneohe Bay, Oahu, Hawaii, are temporary safety zones. 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.
(1) Southwest of Mokapu Peninsula: The NDSA extending from
21[deg]26.449 N, 157[deg]47.071 W then Southeast to 21[deg]26.270 N,
157[deg]46.895 W then Northwest at a bearing of 51[deg]True to the
NDSA.
(2) North of Mokapu Peninsula: The NDSA extending Northeast to
position 21[deg]27.943 N, 157[deg]44.953 W then Southeast to
21[deg]28.251 N, 157[deg]44.880 W then South at a bearing of 239[deg]
True to the NDSA.
(b) Regulations. (1) Entry into or remaining in the temporary
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 in the safety zones may contact the
Honolulu Captain of the Port on VHF channel 16 (156.800 MHz), or at
telephone numbers 808-842-2600 or 808-563-9906 to seek permission to
transit the area. If permission is granted, all persons and watercraft
must comply with the instructions of the Honolulu Captain of the Port
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 to 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
either zone except for support vessels/aircraft and support personnel,
or other watercraft authorized by the Honolulu Captain of the Port or
her 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.
Dated: September 8, 2010.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2010-23768 Filed 9-22-10; 8:45 am]
BILLING CODE 9110-04-P