[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Proposed Rules]
[Pages 53754-53756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22581]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / 
Proposed Rules  

[[Page 53754]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0790]
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 temporary safety zone 
for certain waters of the Atlantic Ocean off Jacksonville Beach, 
Florida during the Jacksonville Sea and Sky Spectacular air show. The 
event is scheduled to take place from October 22 through October 25, 
2015. This proposed rulemaking would prohibit persons and vessels from 
being in the safety zone unless authorized by the Captain of the Port 
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 October 8, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0790 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for 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 904-564-7563, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Ms. 
Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-
9826.

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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On December 31, 2014, the City of Jacksonville submitted a marine 
event application to the Coast Guard for the Jacksonville Sea and Sky 
Spectacular air show that will take place from 10 a.m. to 4:30 p.m. on 
October 22 through October 25, 2015. 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. During aircraft 
crashes, there is typically a wide area of scattered debris 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 9 a.m. to 5:30 
p.m. on October 22 through October 25, 2015. The safety zone will 
encompass all waters within an area approximately three nautical 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 before, during, and after 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 this 
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. 
E.O. 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 E.O. 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 eight and a 
half hours on each of the three 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.

[[Page 53755]]

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, 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 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 above.

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 9 a.m. to 5:30 p.m. on October 
22 through October 25, 2015.
    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 supporting this determination and a 
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

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

A. Submitting Comments

    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. To submit your comment online, go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and 
click ``SEARCH.'' Click on the comment option on the line associated 
with this NPRM. As stated in the ADDRESSES section, you may also submit 
your comments by fax, mail, or hand delivery. Please use only one of 
these four submittal methods.
    The Coast Guard views 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 go to the online docket by following 
instructions in the next paragraph, and sign up for email alerts, you 
will be notified whenever comments are submitted or a final rule is 
published.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on the Open Docket Folder option on the line associated with this 
notice of proposed rulemaking. You may also visit the Docket Management 
Facility in Room W12-140 on the ground floor of the Department of 
Transportation West Building, 1200 New Jersey Avenue SE., Washington, 
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

[[Page 53756]]

C. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316). We allow anonymous submissions.

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.T07-0790 to subpart F under the undesignated center 
heading Seventh Coast Guard District to read as follows:


Sec.  165.T07-0790  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 east to Point 2 in position 
30[deg]15'57.91'' N., 081[deg]22'24.22'' W.; thence north to Point 3 in 
position 30[deg]18'40.81'' N., 081[deg]22'57.97'' W.; thence west to 
Point 4 in position 30[deg]18'35.19'' N. 081[deg]23'33.93'' W.; thence 
south back to origin.
    (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 904-564-7511, or a designated 
representative via VHF-FM radio on channel 16, to request 
authorization. If authorization to enter, transit through, anchor in, 
or remain within the regulated area 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.
    (d) Effective date and enforcement periods. This rule is effective 
from October 22, 2015 through October 25, 2015 and will be enforced 
daily from 9 a.m. to 5:30 p.m. on October 22, 2015 through October 25, 
2015.

    Dated: August 26, 2015.
J.F. Dixon,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2015-22581 Filed 9-4-15; 8:45 am]
 BILLING CODE 9110-04-P