[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Rules and Regulations]
[Pages 52320-52322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22519]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0232]
RIN 1625-AA00


Safety Zone; Blue Angels Air Show; St. Johns River, Jacksonville, 
FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the St. Johns River in the vicinity of Naval Air Station 
(NAS) Jacksonville, Florida during the Blue Angels Air Show. This 
rulemaking prohibits persons and vessels from entering, transiting 
through, remaining within, or anchoring in the safety zone unless 
authorized by the Captain of the Port (COTP) Jacksonville or a 
designated representative.

DATES: This rule is effective from 8 a.m. on October 26, 2018 until 5 
p.m. on October 28, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0232 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Emily Sysko, Chief, 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 18, 2018, NAS Jacksonville submitted a marine event 
application to the Coast Guard for the Blue Angels Air Show that will 
take place daily from October 26, 2018 through October 28, 2018. The 
air show will consist of various flight demonstrations over the St. 
Johns River in vicinity of NAS Jacksonville. Over the years, there have 
been unfortunate instances of aircraft mishaps and crashes 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.
    On July 26, 2018, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Safety Zone; Blue Angels Air Show; St. Johns 
River, Jacksonville, FL'' (83 FR 35442). There we stated why we issued 
the NPRM,

[[Page 52321]]

and invited comments on our proposed regulatory action related to this 
fireworks display. During the comment period that ended August 27, 
2018, we received 1 comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Jacksonville (COTP) has determined that 
potential hazards associated with the aerial flight demonstrations will 
be a safety concern for members of the public viewing the demonstration 
within, or transiting through, the safety zone. The purpose of this 
rule is to ensure safety of vessels and persons on the navigable waters 
of the St. Johns River in the vicinity of Naval Air Station (NAS) 
Jacksonville, Florida, before, during, and after the air show.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 1 comment on our in support of the 
regulation. There are no changes in the regulatory text of this rule 
from the regulatory text in the NPRM.
    This rule establishes a safety zone daily from 8 a.m. to 5 p.m. on 
October 26, 2018 through October 28, 2018, on the waters of the St. 
John's River in the vicinity of NAS Jacksonville, Florida. The safety 
zone will encompass all waters within an area approximately three 
quarters of a mile parallel to the shoreline, and one mile out into the 
St. Johns River in Jacksonville, FL. The duration of the zone is 
intended to ensure the safety of the public on these navigable waters 
during the aerial flight demonstrations. No vessel or person will be 
permitted to enter, transit through, remain within, or anchor in the 
safety zone without obtaining permission from the COTP or a designated 
representative. The Coast Guard will provide notice of the regulated 
areas by Local Notice to Mariners, Broadcast Notice to Mariners, and 
on-scene designated representative.

V. Regulatory Analyses

    We developed this 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone, which would 
impact a small designated area of the St. Johns River for nine hours on 
each of the three days the air show is occurring. Moreover, the Coast 
Guard will 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will 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 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will 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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

[[Page 52322]]

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined 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 rule involves 
a safety zone lasting nine hours daily that prohibits persons and 
vessels from entering, transiting through, remaining within, within, or 
anchoring in an area of approximately one square mile. 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. 01. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

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.

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 amends 
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.T07-0232 to read as follows:


Sec.  165.T07-0232  Safety Zone, Blue Angels Air Show; St. Johns River, 
Jacksonville, FL.

    (a) Regulated area. The following area is a safety zone: All waters 
of the St. Johns River, from surface to bottom, encompassed by a line 
connecting the following points beginning at 30[deg]13'41'' N; 
081[deg]39'45'' W, thence due east to, 30[deg]13'41'' N; 
081[deg]38'35'' W, thence south to 30[deg]14'27'' N; 081[deg]38'35'' W, 
thence west to 30[deg]14'27'' N, 081[deg]39'45'' W, and thence along 
the shore line back to the beginning point. These coordinates are based 
on North American Datum 1983.
    (b) Definition. The term ``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 Jacksonville (COTP) in the enforcement of the safety zone.
    (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, all persons and vessels 
receiving such authorization must comply with the instructions of the 
COTP 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 or by on-
scene designated representatives.
    (d) Enforcement period. This rule will be enforced daily from 8 
a.m. until 5 p.m. from October 26, 2018 through October 28, 2018.

    Dated: October 11, 2018.
T.C. Wiemers,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2018-22519 Filed 10-16-18; 8:45 am]
 BILLING CODE 9110-04-P