Safety Zone, Kahanamoku Beach, Honolulu, HI, 58095-58097 [2024-15694]
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Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Proposed Rules
community development, Low and
moderate income housing, Public
assistance programs, Public housing,
Rent subsidies, Reporting and
recordkeeping requirements, State and
local governments.
For the reasons stated above, HUD
proposes to amend 24 CFR part 883 as
follows:
PART 883—SECTION 8 HOUSING
ASSISTANCE PAYMENTS
PROGRAM—STATE HOUSING
AGENCIES
(e) * * * Upon termination of the
Annual Contributions Contract between
HUD and the HFA, the Owner must
request withdrawal of any funds that
were placed in such an account at the
direction of the HFA and immediately
deposit such funds into an interestbearing residual receipts account that
complies with the requirements of 24
CFR 880.601(e)(2)(i).
*
*
*
*
*
■ 4. In § 883.701, add text to the end of
the second sentence to read as follows:
§ 883.701
1. The authority citation for part 883
continues to read as follows:
■
Authority: 42 U.S.C. 1437a, 1437c, 1437f,
3535(d), and 13611–13619.
2. In § 883.302, revise the definitions
of ‘‘HFA (Housing Finance Agency)’’
and ‘‘State Agency (Agency)’’ to read as
follows:
■
§ 883.302
Definitions.
ddrumheller on DSK120RN23PROD with PROPOSALS1
*
*
*
*
*
HFA (Housing Finance Agency).
While the Annual Contributions
Contract between the State Agency and
HUD is in effect, ‘‘Housing Finance
Agency’’ and ‘‘HFA’’ means a State
Agency that provided permanent
financing for newly constructed or
substantially rehabilitated housing
processed under this part and financed
without Federal mortgage insurance or a
Federal guarantee except coinsurance
under section 244 of the National
Housing Act. When the Annual
Contributions Contract between the
State Agency and HUD is no longer in
effect, ‘‘Housing Finance Agency’’ and
‘‘HFA,’’ as used in this part and in the
Housing Assistance Payments Contract,
means ‘‘Contract Administrator,’’ as
defined in 24 CFR 880.201.
*
*
*
*
*
State Agency (Agency). While the
Annual Contributions Contract between
the State Agency and HUD is in effect,
‘‘State Agency’’ and ‘‘Agency’’ means an
agency that has been notified by HUD
that it is authorized to apply for a setaside and/or to use the Fast Track
Procedures of this part. When the
Annual Contributions Contract between
the State Agency and HUD is no longer
in effect, ‘‘State Agency’’ and ‘‘Agency,’’
as used in this part and in the Housing
Assistance Payments Contract, mean
‘‘Contract Administrator,’’ as defined in
24 CFR 880.201.
*
*
*
*
*
■ 3. In § 883.306, add a sentence to the
end of paragraph (e) to read as follows:
§ 883.306
*
*
Limitation on distributions.
*
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*
16:31 Jul 16, 2024
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Cross-reference.
* * * while the Annual
Contributions Contract between the
State Agency and HUD is in effect.
■ 5. Add § 883.702 to read as follows:
§ 883.702
Replacement reserve.
For projects that are required to
maintain a replacement reserve account
to fund capital repairs and building
system replacements, while the Annual
Contributions Contract (ACC) between
the State Agency and HUD is in effect,
funds in that replacement reserve
account may be drawn and used only in
accordance with State Agency
guidelines and with the approval of, or
as directed by, the State Agency. Upon
termination of the ACC, the Owner must
request withdrawal of any funds in the
replacement reserve account and
immediately deposit such funds into an
interest-bearing replacement reserve
account that complies with the
requirements of 24 CFR
880.602(a)(1)(iv).
Julia R. Gordon,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2024–15269 Filed 7–16–24; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2024–0618]
RIN 1625–AA00
Safety Zone, Kahanamoku Beach,
Honolulu, HI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
certain waters of the Kahanamoku
Beach. This action is necessary to
provide for the safety of life on these
navigable waters near Honolulu, HI,
SUMMARY:
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58095
during a drone show display at various
times on August 13 through August 18,
2024. This proposed rulemaking would
prohibit, during the enforcement
periods, persons and vessels from
entering the safety zone unless
authorized by the Captain of the Port
Sector Honolulu or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 1, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2024–0618 using the Federal DecisionMaking Portal at https://
www.reguations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments. This notice of proposed
rulemaking with its plain-language, 100word-or-less proposed rule summary
will be available in this same docket.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Petty Officer
Vivian S. Gonzalez, Waterway
Management Division, U.S. Coast
Guard; telephone 808–522–8264, email
Vivian.S.Gonzalez@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On June 21, 2024, an organization
notified the Coast Guard that it will be
conducting a drone show display from
9 p.m. through 4:30 a.m., daily, on
August 13 through 15, 2024 and from
6:30 p.m. to 9:30 p.m., daily, on August
15, 17 and 18, 2024. The drones are to
be launched from a nearby parking lot
approximately 200 feet southwest of the
southwestern point of the Hilton Lagoon
into the ‘‘showbox’’ located between the
following 4 coordinates: 21°16′52.02″ N
157°50′27.88″ W; 21°16′44.24″ N
157°50′29.67″ W; 21°16′40.06″ N
157°50′16.65″ W; and 21°16′47.24″ N
157°50′13.39″ W. Hazards from drone
show displays include accidental
misfunctioning of the drones, dangerous
projectiles, and falling drones or other
debris. The Captain of the Port Sector
Honolulu (COTP) has determined that
potential hazards associated with the
drone show to be used in this display
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Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Proposed Rules
would be a safety concern for anyone
within the safety zone.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters before, during, and
after the scheduled event. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034.
Due to the August 13, 2024 event start
date, the Coast Guard is issuing this
notice of proposed rulemaking (NPRM)
with a comment period less than 30
days in order to allow an opportunity
for public comment. In addition, the
Coast Guard anticipates issuing a final
rule with an effective date less than 30
days after publication in the Federal
Register. Should that occur, we will
explain our good cause for doing so in
that publication, as required by 5 U.S.C.
553(d)(3).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 9.p.m. on August 13,
2024 through 9:30 p.m. August 18, 2024.
This safety zone would be enforced
from 9 p.m. to 4:30 a.m., daily, on
August 13, 2024 through August 15,
2024 and from 6:30 to 9:30 p.m., daily,
on August 15, 17 and 18, 2024. The
safety zone would cover all navigable
waters within the ‘‘showbox’’. The
duration of the zone is intended to
ensure the safety of vessels and these
navigable waters during the drone show
display. No vessel or person would be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
ddrumheller on DSK120RN23PROD with PROPOSALS1
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, the NPRM has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the size, location, duration,
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and time-of-day of the safety zone. The
proposed safety zone is near shore in a
surf zone where there is no vessel
traffic, and this safety zone will ensure
safety of swimmers, surfers, paddlers
and other beach attendees.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
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Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves a safety zone lasting 6
hours that would prohibit entry within
the ‘‘showbox’’. Normally such actions
are categorically excluded from further
review under paragraph L60(a) of
appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
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Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Proposed Rules
preamble. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
ddrumheller on DSK120RN23PROD with PROPOSALS1
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2024–0618 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
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16:31 Jul 16, 2024
Jkt 262001
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Dated: July 11, 2024.
Aja L. Kirksey,
Captain, U.S. Coast Guard, Captain of the
Port Sector Honolulu.
[FR Doc. 2024–15694 Filed 7–16–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
40 CFR Part 52
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
AGENCY:
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T14–0618 to read as
follows
■
§ 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°16′52.02″ N
157°50′27.88″ W, thence to 21°16′44.24″
N 157°50′29.67″ W, thence to
21°16′40.06″ N 157°50′16.65″ W, thence
to 21°16′47.24″ N 157°50′13.39″ W, back
to the beginning point. These
coordinates are based on 1984 World
Geodetic System (WGS 84).
(b) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by calling Sector
Honolulu Command Center at 808–842–
2603. During the enforcement periods,
all persons and vessels permitted to
enter the safety zone must comply with
all lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(d) Enforcement periods. This section
will be enforced from 9 p.m. to 4:30
a.m., daily, on August 13, 2024 through
August 15, 2024 and from 6:30 to 9:30
p.m., daily, on August 15, 17 and 18,
2024.
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58097
[EPA–R05–OAR–2024–0184; FRL–11968–
01–R5]
Air Plan Approval; Wisconsin;
Nitrogen Oxide Emissions Control
Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve
Wisconsin’s additions and amendments
to chapters NR 400, 428, and 484 of the
Wisconsin Administrative Code (Wis.
Adm. Code). These changes clarify
existing requirements and ensure clear
and consistent implementation of
Wisconsin’s control requirements for
emissions of nitrogen oxide (NOX).
DATES: Comments must be received on
or before August 16, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2024–0184 at https://
www.regulations.gov, or via email to
arra.sarah@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from the
docket. EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI), Proprietary
Business Information (PBI), or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI, PBI, or
multimedia submissions, and general
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Proposed Rules]
[Pages 58095-58097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15694]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2024-0618]
RIN 1625-AA00
Safety Zone, Kahanamoku Beach, Honolulu, HI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Kahanamoku Beach. This action is
necessary to provide for the safety of life on these navigable waters
near Honolulu, HI, during a drone show display at various times on
August 13 through August 18, 2024. This proposed rulemaking would
prohibit, during the enforcement periods, persons and vessels from
entering the safety zone unless authorized by the Captain of the Port
Sector Honolulu or a designated representative. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 1, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0618 using the Federal Decision-Making Portal at https://www.reguations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Vivian S. Gonzalez,
Waterway Management Division, U.S. Coast Guard; telephone 808-522-8264,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On June 21, 2024, an organization notified the Coast Guard that it
will be conducting a drone show display from 9 p.m. through 4:30 a.m.,
daily, on August 13 through 15, 2024 and from 6:30 p.m. to 9:30 p.m.,
daily, on August 15, 17 and 18, 2024. The drones are to be launched
from a nearby parking lot approximately 200 feet southwest of the
southwestern point of the Hilton Lagoon into the ``showbox'' located
between the following 4 coordinates: 21[deg]16'52.02'' N
157[deg]50'27.88'' W; 21[deg]16'44.24'' N 157[deg]50'29.67'' W;
21[deg]16'40.06'' N 157[deg]50'16.65'' W; and 21[deg]16'47.24'' N
157[deg]50'13.39'' W. Hazards from drone show displays include
accidental misfunctioning of the drones, dangerous projectiles, and
falling drones or other debris. The Captain of the Port Sector Honolulu
(COTP) has determined that potential hazards associated with the drone
show to be used in this display
[[Page 58096]]
would be a safety concern for anyone within the safety zone.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters before, during, and after the scheduled event.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034.
Due to the August 13, 2024 event start date, the Coast Guard is
issuing this notice of proposed rulemaking (NPRM) with a comment period
less than 30 days in order to allow an opportunity for public comment.
In addition, the Coast Guard anticipates issuing a final rule with an
effective date less than 30 days after publication in the Federal
Register. Should that occur, we will explain our good cause for doing
so in that publication, as required by 5 U.S.C. 553(d)(3).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 9.p.m. on
August 13, 2024 through 9:30 p.m. August 18, 2024. This safety zone
would be enforced from 9 p.m. to 4:30 a.m., daily, on August 13, 2024
through August 15, 2024 and from 6:30 to 9:30 p.m., daily, on August
15, 17 and 18, 2024. The safety zone would cover all navigable waters
within the ``showbox''. The duration of the zone is intended to ensure
the safety of vessels and these navigable waters during the drone show
display. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The proposed
safety zone is near shore in a surf zone where there is no vessel
traffic, and this safety zone will ensure safety of swimmers, surfers,
paddlers and other beach attendees.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting 6 hours that would prohibit entry within the ``showbox''.
Normally such actions are categorically excluded from further review
under paragraph L60(a) of appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this
[[Page 58097]]
preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2024-0618 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T14-0618 to read as follows
Sec. 165.T14-0618 Safety Zone, Kahanamoku Beach, Honolulu, HI
(a) Location. The following area is a safety zone: All waters
offshore of Kahanamoku Beach, from surface to bottom, encompassed by a
line connecting the following points beginning at 21[deg]16'52.02'' N
157[deg]50'27.88'' W, thence to 21[deg]16'44.24'' N 157[deg]50'29.67''
W, thence to 21[deg]16'40.06'' N 157[deg]50'16.65'' W, thence to
21[deg]16'47.24'' N 157[deg]50'13.39'' W, back to the beginning point.
These coordinates are based on 1984 World Geodetic System (WGS 84).
(b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling Sector Honolulu Command Center at 808-842-
2603. During the enforcement periods, all persons and vessels permitted
to enter the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement periods. This section will be enforced from 9 p.m.
to 4:30 a.m., daily, on August 13, 2024 through August 15, 2024 and
from 6:30 to 9:30 p.m., daily, on August 15, 17 and 18, 2024.
Dated: July 11, 2024.
Aja L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Sector Honolulu.
[FR Doc. 2024-15694 Filed 7-16-24; 8:45 am]
BILLING CODE 9110-04-P
