[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]
 BILLING CODE 9110-04-P