Safety Zone; Blue Angels at Kaneohe Bay Air Show, Oahu, HI, 50952-50955 [2010-20364]

Download as PDF 50952 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Proposed Rules continued enrollment shall be the longer of the following periods beginning on the date of the member’s death: (i) Three years. (ii) The period ending on the date on which such dependent attains 21 years of age. (iii) In the case of such dependent who, at 21 years of age, is enrolled in a full-time course of study in a secondary school or in a full-time course of study in an institution of higher education approved by the administering Secretary and was, at the time of the member’s death, in fact dependent on the member for over onehalf of such dependent’s support, the period ending on the earlier of the following dates: The date on which such dependent ceases to pursue such a course of study, as determined by the administering Secretary; or the date on which such dependent attains 23 years of age. * * * * * 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. ADDRESSES: Coast Guard 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: 33 CFR Part 165 Public Participation and Request for Comments Dated: August 10, 2010. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2010–20392 Filed 8–17–10; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF HOMELAND SECURITY [Docket No. USCG–2010–0705] RIN 1625–AA00 Safety Zone; Blue Angels at Kaneohe Bay Air Show, Oahu, HI Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: 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. FOR FURTHER INFORMATION CONTACT: 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. erowe on DSK5CLS3C1PROD with PROPOSALS SUMMARY: Submitting Comments Comments and related material must be received by the Coast Guard on or before September 2, 2010. 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 DATES: VerDate Mar<15>2010 15:11 Aug 17, 2010 Jkt 220001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 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 81⁄2 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 E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Proposed Rules 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. erowe on DSK5CLS3C1PROD with PROPOSALS 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 highpowered 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°28.00 N, 157°46.29 W; 21°28.00 N, 157°44.09 W; 21°27.05 N, 157°44.02 W; 21°27.10 N, 157°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°26.31 N, 157° 46.47; 21°26.10 N, 157°47.07 W; and 21° 26.18 N, 157°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 VerDate Mar<15>2010 15:11 Aug 17, 2010 Jkt 220001 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 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 50953 (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 E:\FR\FM\18AUP1.SGM 18AUP1 50954 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Proposed Rules 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. erowe on DSK5CLS3C1PROD with PROPOSALS 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. 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: Technical Standards 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. The National Technology Transfer and Advancement Act (NTTAA) (15 2. Add § 165.T14–210 to read as follows: VerDate Mar<15>2010 15:11 Aug 17, 2010 Jkt 220001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 § 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°28.00 N, 157°46.29 W; 21°28.00N, 157°44.09 W; 21°27.05 N, 157°44.02 W; 21°27.10 N, 157°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°26.31 N, 157°46.47; 21°26.10 N, 157°47.07 W.; and 21°26.18 N, 157°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. E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Proposed Rules 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 DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2008–0020; Internal Agency Docket No. FEMA–B–1066] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule; correction. AGENCY: On September 8, 2009, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 74 FR 46047. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for York County, Maine (All Jurisdictions). Specifically, it addresses the following flooding sources: Atlantic Ocean, Bonny Eagle Pond, Cape Porpoise Harbor, Cleaves Cove, Coffin Brook, Coffin Brook Tributary 1, Driscoll Brook, Ferguson Brook, Goosefare Brook, Great East Lake, Jones Brook (backwater effects from Scarborough River), Keay Brook, Kennebunk River, Little Ossipee River, Little River, Little River (backwater effects from Scarborough River), Mill Brook (backwater effects from Scarborough River), Mousam River, SUMMARY: Flooding source(s) Mulloy Brook, Piscataqua River, Portsmouth Harbor, Province Lake, Saco River, Salmon Falls River, Sampson Cove, Spruce Creek, Stump Pond, The Pool, Worster Brook, and Worster Brook Tributary 3. DATES: Comments are to be submitted on or before November 16, 2010. ADDRESSES: You may submit comments, identified by Docket No. FEMA–B– 1066, to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3461 or (e-mail) roy.e.wright@dhs.gov. FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3461 or (e-mail) roy.e.wright@dhs.gov. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) publishes proposed determinations of Base (1% annualchance) Flood Elevations (BFEs) and modified BFEs for communities participating in the National Flood Insurance Program (NFIP), in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are minimum requirements. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in those buildings. Corrections In the proposed rule published at 74 FR 46047 in the September 8, 2009, issue of the Federal Register, FEMA published a table under the authority of 44 CFR 67.4. The table entitled ‘‘York County, Maine (All Jurisdictions)’’ addressed the following flooding sources: Atlantic Ocean, Cape Porpoise Harbor, Cleaves Cove, Coffin Brook, Coffin Brook Tributary 1, Driscoll Brook, Ferguson Brook, Goosefare Brook, Keay Brook, Kennebunk River, Little River, Mulloy Brook, Piscataqua River (Town of Kittery), Portsmouth Harbor, Saco River, Sampson Cove, Spruce Creek, The Pool, Worster Brook, and Worster Brook Tributary 3. That table contained inaccurate information as to the location of referenced elevations, effective and modified elevations in feet, or communities affected for the flooding sources ‘‘Little River’’ and ‘‘Piscataqua River.’’ In addition, it did not include the following flooding sources: Bonny Eagle Pond, Great East Lake, Jones Brook (backwater effects from Scarborough River), Little Ossipee River, Little River (backwater effects from Scarborough River), Mill Brook (backwater effects from Scarborough River), Mousam River, Piscataqua River (Town of Eliot), Province Lake, Salmon Falls River, and Stump Pond. In this notice, FEMA is publishing a table containing the accurate information, to address these prior errors. The information provided below should be used in lieu of that previously published. * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location of referenced elevation 50955 Effective Communities affected Modified erowe on DSK5CLS3C1PROD with PROPOSALS York County, Maine (All Jurisdictions) Atlantic Ocean ....................... VerDate Mar<15>2010 15:11 Aug 17, 2010 Along the shoreline, at the intersection of Great Hill Road and Sand Dollar Lane. Jkt 220001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 +11 E:\FR\FM\18AUP1.SGM +12 18AUP1 City of Biddeford, Town of Kennebunk, Town of Kennebunkport, Town of Kittery, Town of Ogunquit, Town of Old Orchard Beach, Town of Wells, Town of York.

Agencies

[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Proposed Rules]
[Pages 50952-50955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20364]


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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