[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Proposed Rules]
[Pages 59947-59950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20923]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0271]
RIN 1625-AA00
Safety Zone, Jacksonville Sea and Sky Spectacular; Atlantic
Ocean, Jacksonville Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone on the
waters of the Atlantic Ocean east of Jacksonville Beach, Florida during
the Jacksonville Sea and Sky Spectacular. This safety zone will be
enforced daily 10 a.m. to 4:30 p.m., from November 2 through November
6, 2016. This proposed rulemaking would prohibit persons and
[[Page 59948]]
vessels from being in the safety zone unless authorized by the Captain
of the Port (COTP) Jacksonville or a designated representative. The
Coast Guard invites your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 30, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0271 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Allan Storm, Sector
Jacksonville, Waterways Management Division, U.S. Coast Guard;
telephone (904) 714-7616, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
II. Background, Purpose, and Legal Basis
On February 22, 2016, the City of Jacksonville submitted a marine
event application to the Coast Guard for the Jacksonville Sea and Sky
Spectacular that will take place from 10 a.m. to 4:30 p.m. on November
2 through November 6, 2016. The air show will consist of various flight
demonstrations over the Atlantic Ocean, just offshore from Jacksonville
Beach, FL. Over the years, there have been unfortunate instances of
aircraft mishaps that involve crashing during performances at various
air shows around the world. Occasionally, these incidents result in a
wide area of scattered debris in the water that can damage property or
cause significant injury or death to the public observing the air
shows. The Captain of the Port (COTP) Jacksonville has determined that
a safety zone is necessary to protect the general public from hazards
associated with aerial flight demonstrations.
The purpose of the rulemaking is to ensure the safety of vessels
and persons during the air show on the navigable waters of the Atlantic
Ocean in Jacksonville Beach, FL. The Coast Guard proposes this
rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a safety zone from 10 a.m. to 4:30
p.m. on November 2 through November 6, 2016. The safety zone will
encompass all waters within an area approximately three miles parallel
to the shoreline, and one half mile out into the Atlantic Ocean
offshore from Jacksonville Beach, Florida. The duration of the zone is
intended to ensure the safety of the public and these navigable waters
during the aerial flight demonstrations. 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 the Coast
Guard is proposing appears at the end of the document.
IV. Regulatory Analyses
The Coast Guard developed this proposed rule after considering
numerous statutes and Executive orders (E.O.s) related to rulemaking. A
summary of the statutory analyses, analyses of E.O.s, and discussion of
First Amendment rights of protestors is included below.
A. Regulatory Planning and Review
E.O.s 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.
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This NPRM has not been designated a
``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the Atlantic Ocean for six and a half
hours on each of the five days the air show is occurring. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the 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.
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 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 rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact 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 E.O. 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 E.O. 13132.
Also, this proposed rule does not have tribal implications under
E.O. 13175, Consultation and Coordination with
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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 contact 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, the Coast Guard discusses the effects of
this rule elsewhere in this preamble.
F. Environment
The Coast Guard 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 (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 will help protect the general public from
hazards associated with aerial flight demonstrations occurring during
the air show, and will be in effect from 10 a.m. to 4:30 p.m. on
November 2 through November 6, 2016.
It is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary
environmental analysis checklist and Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. 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 contact 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
Public participation is essential to effective rulemaking, and the
Coast Guard will consider all comments and related materials 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
To view comments, as well as documents mentioned in this NPRM as
being available in the docket, and all public comments, will be in our
online docket at http://www.regulations.gov and can be viewed by
following that Web site's instructions. Additionally, if you go to the
online docket and sign up for email alerts, you will be notified when
comments are posted or a final rule is published.
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T07-0271 to read as follows:
Sec. 165.T07-0271 Safety Zone; Jacksonville Sea and Sky Spectacular,
Atlantic Ocean, Jacksonville Beach, FL.
(a) Regulated Area. The following regulated area is a safety zone
located offshore from Jacksonville Beach, FL. All waters of the
Atlantic Ocean encompassed within an imaginary line connecting the
following points: starting at Point 1 in position 30[deg]15'52.3'' N.,
081[deg]23'0.18'' W.; thence northwest to Point 2 in position
30[deg]18'35.19'' N., 081[deg]23'33.93'' W.; thence northeast to Point
3 in position 30[deg]18'40.81'' N., 081[deg]22'57.97'' W.; thence
southeast to Point 4 in position 30[deg]15'57.91'' N.,
081[deg]22'24.22'' W.; thence southwest back to origin. These
coordinates are based on North American Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Jacksonville in the enforcement of the regulated
area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port
Jacksonville or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Jacksonville by telephone at 904-714-7557, or a designated
representative via VHF-FM radio on channel 16, to request
authorization. If authorization is granted by the Captain of the Port
Jacksonville or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Jacksonville or a designated representative.
(3) The Coast Guard will provide notice of the regulated area
through Broadcast Notice to Mariners via VHF-FM channel 16 and by on-
scene designated representatives.
(d) Enforcement Period. This rule is effective from November 2
through November 6, 2016 and will be enforced daily 10 a.m. to 4:30
p.m. on November 2 through November 6, 2016.
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Dated: August 23, 2016.
L.C. Parrales,
Commander, U.S. Coast Guard, Acting Captain of the Port Jacksonville.
[FR Doc. 2016-20923 Filed 8-30-16; 8:45 am]
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