9110-04-P
DEPARTMENT OF HOMELAND SECURIT.Y
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 [INSERT DATE 15 DAYS AFTER DATE OF PUBLICATION IN THE
FEDERAL REGISTER].
ADDRESSES: You may submit comments identified by docket number USCG-20240618 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
Vivian.S.Gonzalez@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
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: 21⁰16’52.02” N 157⁰50’27.88” W; 21⁰16’44.24” N
157⁰50’29.67” W; 21⁰16’40.06” N 157⁰50’16.65” W; and 21⁰16’47.24” N 157⁰50’13.39”
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 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 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 webpage.
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.T14-0618 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 21⁰16’52.02” N 157⁰50’27.88” W, thence to 21⁰16’44.24”
N 157⁰50’29.67” W, thence to 21⁰16’40.06” N 157⁰50’16.65” W, thence to 21⁰16’47.24”
N 157⁰50’13.39” 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: 7/16/2024 8:45 am; Publication Date: 7/17/2024]