Safety Zone; Kaneohe Bay, Oahu, HI, 21708-21710 [2025-09092]
Download as PDF
21708
Federal Register / Vol. 90, No. 97 / Wednesday, May 21, 2025 / Proposed Rules
will be enforced from 9 a.m. through 2
p.m. on July 10, 2025.
J.P. Botti,
Commander, U.S. Coast Guard, Captain of
the Port Duluth.
[FR Doc. 2025–09149 Filed 5–20–25; 8:45 am]
II. Background, Purpose, and Legal
Basis
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2025–0120]
RIN 1625–AA00
Safety Zone; Kaneohe Bay, Oahu, HI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone
while the U.S. Navy Blue Angels
Squadron conducts aerobatic
performances over Kaneohe Bay, Oahu,
Hawaii. This safety zone is necessary to
protect watercrafts and the general
public from hazards associated with the
U.S. Navy Blue Angels aircraft
performing low flying, high powered jet
aerobatics over open water. This
proposed rulemaking would prohibit
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port (COTP) 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 June 20, 2025.
ADDRESSES: You may submit comments
identified by docket number USCG–
2025–0120 using the Federal DecisionMaking Portal at https://
www.regulations.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:
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
I. Table of Abbreviations
CFR
Code of Federal Regulations
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16:54 May 20, 2025
Jkt 265001
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
On November 12, 2024, Marine Corps
Base Hawaii (MCBH) 2025 Airshow
coordinators notified the Coast Guard
that it will be conducting an Air Show
that includes an aerial performance
‘‘show box’’ extending beyond the
Kaneohe Bay Naval Defensive Sea Area
from 11 a.m. to 7 p.m. on August 8th,
9th, and 10th, 2025. 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. Hazards associated
within this ‘‘show box’’ during the
Squadron’s high powered multiple jet
aircraft performances include accidental
discharge of jet fuel and falling debris.
Kaneohe Bay normally experiences
heavy waterway traffic during the
weekends. The COTP has determined
that potential hazards associated with
the aerial performance would be a safety
concern for anyone within the ‘‘show
box’’ that extend beyond the Kaneohe
Bay Naval Defensive Sea.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within the ‘‘show box’’
before, during, and after the scheduled
event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 11 a.m. to 7 p.m. on
August 8 through August 10, 2025. The
safety zone would cover all navigable
waters within the following points
21°26.159′ N, 157°47.312′ W; then south
to 21°25.890′ N, 157°47.250′ W; then
northeast to 21°27.943′ N, 157°44.953′
W; then west to 21°28.016′ N,
157°45.250′ W; and returning southwest
to the starting point to complete a
rectangle. This safety zone would
extend from the surface of the water to
the ocean floor. The duration of the
safety zone is intended to ensure the
safety of vessels and these navigable
waters before, during, and after the
scheduled aerobatic performances. No
vessel or person would be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative. Vessels
requiring emergency transit through the
zone may request permission by
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Fmt 4702
Sfmt 4702
contacting the on scene Patrol
Commander on VHF channel 16
(156.800 MHz) or the Sector Honolulu
Captain of the Port at telephone number
808–842–2600. 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.
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.
Accordingly, the NPRM has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based the size, location, and duration
of the safety zone. Vessels will be able
to safely transit around this safety zone
which would impact a small designated
area of Kaneohe Bay. Moreover, the
Coast Guard would issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the safety zone and
the rule would allow vessels to seek
permission to enter the zone.
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.
Vessels will be allowed to transit in
and around the temporary safety zones
in Kaneohe Bay once permission to
enter is granted. 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
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Federal Register / Vol. 90, No. 97 / Wednesday, May 21, 2025 / Proposed Rules
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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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
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16:54 May 20, 2025
Jkt 265001
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 that extends
the Kaneohe Bay Naval Defensive Sea
Area on both ends that would prevent
vessels from entering the flight paths for
the aerobatic performances. 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 preamble. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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–2025–0120 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
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21709
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
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.T14–0120 to read as
follows:
■
§ 165.T14–0120
Bay, Oahu, HI.
Safety Zone; Kaneohe
(a) Location. The following area is a
safety zone: All waters contained within
an area composing of one box on
Kaneohe Bay Naval Defensive Sea Area
as established by Executive Order No.
8681 of February 14, 1941, in Kaneohe
Bay, Oahu, Hawaii. This safety zone
extends approximately 200 yards
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Federal Register / Vol. 90, No. 97 / Wednesday, May 21, 2025 / Proposed Rules
northeast and 1,000 yards southwest of
the Naval Defensive Sea Area and is
bound by the following points:
21°26.159′ N, 157°47.312′ W; then south
to 21°25.890′ N, 157°47.250′ W; then
northeast to 21°27.943′ N, 157°44.953′
W; then west to 21°28.016′ N,
157°45.250′ W; and returning southwest
to the starting point. 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 (NAD 83).
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Honolulu (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative on VHF channel 16
(156.800 MHz) or the Sector Honolulu
Captain of the Port at telephone number
808–842–2600. Those in 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 subject to enforcement from 11
a.m. to 7 p.m. on August 8 through 10,
2025.
Dated: May 12, 2025.
A.L. Kirksey,
Captain, U.S. Coast Guard, Captain of the
Port Sector Honolulu.
[FR Doc. 2025–09092 Filed 5–20–25; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Part 75
ddrumheller on DSK120RN23PROD with PROPOSALS1
[Docket ID ED–2025–OS–0020]
Proposed Priorities and Definitions—
Secretary’s Supplemental Priorities
and Definitions on Evidence-Based
Literacy, Education Choice, and
Returning Education to the States
U.S. Department of Education.
Proposed priorities and
definitions.
AGENCY:
ACTION:
The Secretary proposes three
initial and urgent priorities and related
SUMMARY:
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16:54 May 20, 2025
Jkt 265001
definitions for use in currently
authorized discretionary grant programs
or programs that may be authorized in
the future. The Secretary may choose to
use an entire priority for a grant
program or a particular competition or
use one or more of the priority’s
component parts. These priorities and
definitions are intended to replace the
Secretary’s supplemental priorities
published in the Federal Register on
December 10, 2021 (86 FR 70612) and
all other agency-wide supplemental
priorities published prior to January 20,
2025. However, those priorities remain
in effect for notices inviting applications
(NIAs) published before the U.S.
Department of Education (Department)
finalizes the proposed priorities in this
document.
DATES: We must receive your comments
on or before June 20, 2025.
ADDRESSES: Comments must be
submitted via the Federal eRulemaking
Portal at regulations.gov. However, if
you require an accommodation or
cannot otherwise submit your
comments via regulations.gov, please
contact the program contact person
listed under FOR FURTHER INFORMATION
CONTACT. The Department will not
accept comments by fax or by email, or
comments submitted after the comment
period closes. To ensure that the
Department does not receive duplicate
copies, please submit your comments
only once. Additionally, please include
the Docket ID at the top of your
comments.
Federal eRulemaking Portal: Go to
www.Regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘FAQ.’’
Privacy Note: The Department’s
policy is to generally make all
comments received from members of the
public available for public viewing in
their entirety on the Federal
eRulemaking Portal at Regulations.gov.
Therefore, commenters should be
careful to include in their comments
only information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
Zachary Rogers, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 7W213, Washington, DC 20202–
6450. Telephone: (202) 260–1144.
Email: SSP@ed.gov.
If you are deaf, hard of hearing, or
have a speech disability and wish to
access telecommunications relay
services, please dial 7–1–1.
SUPPLEMENTARY INFORMATION:
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Invitation to Comment: We invite you
to submit comments regarding the
proposed priorities and definitions.
Please submit your comments only once
so that we do not receive duplicate
copies. The Department will not accept
comments submitted after the comment
period closes.
We invite you to assist us in
complying with the specific
requirements of Executive Orders
12866, 13563, and 14192 and their
overall requirement of reducing
regulatory burden that might result from
these proposed priorities and
definitions. Please let us know of any
further ways we could reduce potential
costs or increase potential benefits
while preserving the effective and
efficient administration of the program.
For your comments to have maximum
effect in developing the final priorities
and definitions, we provide the
following tips:
• Be concise but support your claims.
• Explain your views as clearly as
possible and avoid using profanity.
• Refer to specific sections and
subsections of the proposed priorities
and definitions throughout your
comments, particularly in any headings
that are used to organize your
submission.
• Arrange your comments in the same
order as the proposed priorities and
definitions.
• Explain why you agree or disagree
with the proposed priorities or
definitions and support these reasons
with data-driven evidence, including
the depth and breadth of your personal
and professional experiences.
• Where you disagree with the
proposed priorities or definitions,
suggest alternatives, including revised
priority or definition language, and your
rationale for the alternative suggestion.
In instances where individual
submissions appear to be duplicates or
near duplicates of comments prepared
as part of a writing campaign, the
Department may choose to post to
Regulations.gov one representative
sample comment along with the total
comment count for that campaign. The
Department will consider these
comments along with all other
comments received. In instances where
individual submissions are bundled
together (submitted as a single
document or packaged together), the
Department will post all of the
substantive comments included in the
submissions along with the total
comment count for that document or
package to Regulations.gov. A wellsupported comment is often more
informative to the agency than multiple
form letters.
E:\FR\FM\21MYP1.SGM
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Agencies
[Federal Register Volume 90, Number 97 (Wednesday, May 21, 2025)]
[Proposed Rules]
[Pages 21708-21710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09092]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2025-0120]
RIN 1625-AA00
Safety Zone; Kaneohe Bay, Oahu, HI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone while the U.S. Navy Blue Angels Squadron conducts aerobatic
performances over Kaneohe Bay, Oahu, Hawaii. This safety zone is
necessary to protect watercrafts and the general public from hazards
associated with the U.S. Navy Blue Angels aircraft performing low
flying, high powered jet aerobatics over open water. This proposed
rulemaking would prohibit persons and vessels from being in the safety
zone unless authorized by the Captain of the Port (COTP) 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 June 20, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0120 using the Federal Decision-Making Portal at https://www.regulations.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
COTP Captain of the Port
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 November 12, 2024, Marine Corps Base Hawaii (MCBH) 2025 Airshow
coordinators notified the Coast Guard that it will be conducting an Air
Show that includes an aerial performance ``show box'' extending beyond
the Kaneohe Bay Naval Defensive Sea Area from 11 a.m. to 7 p.m. on
August 8th, 9th, and 10th, 2025. 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. Hazards associated
within this ``show box'' during the Squadron's high powered multiple
jet aircraft performances include accidental discharge of jet fuel and
falling debris. Kaneohe Bay normally experiences heavy waterway traffic
during the weekends. The COTP has determined that potential hazards
associated with the aerial performance would be a safety concern for
anyone within the ``show box'' that extend beyond the Kaneohe Bay Naval
Defensive Sea.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the ``show box'' before, during, and
after the scheduled event. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 11 a.m. to 7
p.m. on August 8 through August 10, 2025. The safety zone would cover
all navigable waters within the following points 21[deg]26.159' N,
157[deg]47.312' W; then south to 21[deg]25.890' N, 157[deg]47.250' W;
then northeast to 21[deg]27.943' N, 157[deg]44.953' W; then west to
21[deg]28.016' N, 157[deg]45.250' W; and returning southwest to the
starting point to complete a rectangle. This safety zone would extend
from the surface of the water to the ocean floor. The duration of the
safety zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled aerobatic
performances. No vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. Vessels requiring emergency transit through the zone
may request permission by contacting the on scene Patrol Commander on
VHF channel 16 (156.800 MHz) or the Sector Honolulu Captain of the Port
at telephone number 808-842-2600. 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.
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.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based the size, location,
and duration of the safety zone. Vessels will be able to safely transit
around this safety zone which would impact a small designated area of
Kaneohe Bay. Moreover, the Coast Guard would issue a Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the safety zone and the
rule would allow vessels to seek permission to enter the zone.
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.
Vessels will be allowed to transit in and around the temporary
safety zones in Kaneohe Bay once permission to enter is granted. 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
[[Page 21709]]
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 that extends the Kaneohe Bay Naval Defensive Sea Area on both ends
that would prevent vessels from entering the flight paths for the
aerobatic performances. 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 preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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-2025-0120 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.T14-0120 to read as follows:
Sec. 165.T14-0120 Safety Zone; Kaneohe Bay, Oahu, HI.
(a) Location. The following area is a safety zone: All waters
contained within an area composing of one box on Kaneohe Bay Naval
Defensive Sea Area as established by Executive Order No. 8681 of
February 14, 1941, in Kaneohe Bay, Oahu, Hawaii. This safety zone
extends approximately 200 yards
[[Page 21710]]
northeast and 1,000 yards southwest of the Naval Defensive Sea Area and
is bound by the following points: 21[deg]26.159' N, 157[deg]47.312' W;
then south to 21[deg]25.890' N, 157[deg]47.250' W; then northeast to
21[deg]27.943' N, 157[deg]44.953' W; then west to 21[deg]28.016' N,
157[deg]45.250' W; and returning southwest to the starting point. 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
(NAD 83).
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Honolulu (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF channel 16 (156.800 MHz) or the Sector Honolulu
Captain of the Port at telephone number 808-842-2600. Those in 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 subject to
enforcement from 11 a.m. to 7 p.m. on August 8 through 10, 2025.
Dated: May 12, 2025.
A.L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Sector Honolulu.
[FR Doc. 2025-09092 Filed 5-20-25; 8:45 am]
BILLING CODE 9110-04-P