[Federal Register Volume 84, Number 77 (Monday, April 22, 2019)]
[Proposed Rules]
[Pages 16630-16632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07769]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0208]
RIN 1625-AA00


Safety Zone; St. Lucie River, Stuart, Florida

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain navigable waters of the St. Lucie River in Stuart, 
Florida. This action is necessary to provide for the safety of life on 
these navigable waters east of the Roosevelt/U.S. Route 1 Bridge during 
the Stuart Air Show on July 4, 2019. The proposed rulemaking would 
prohibit vessels and persons from entering the safety zone unless 
specifically authorized by the Captain of the Port Miami (COTP). We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 22, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0208 using the Federal eRulemaking Portal at https://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 Omar Beceiro, Sector Miami Waterways 
Management Division, U.S. Coast Guard, telephone 305-535-4317, 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, Purpose, and Legal Basis

    On March 27, 2019, Stuart Airshow Inc. notified the Coast Guard 
that it would be sponsoring the Stuart Airshow from 6 p.m. through 7:30 
p.m. on July 4, 2019. The air show would be conducted east of the 
Roosevelt/U.S. Route 1 Bridge in the St. Lucie River in

[[Page 16631]]

Stuart, Florida. The COTP has determined that potential hazards 
associated with the air show 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 within the safety zone during and after the 
scheduled event. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 6:00 p.m. through 
7:30 p.m. on July 4, 2019. The safety zone would cover certain 
navigable waters within the St. Lucie River beginning approximately 400 
yards east of the Roosevelt/U.S. Route 1 Bridge in Stuart, FL. The 
duration of the safety zone is intended to ensure the safety of vessels 
and these navigable waters before, during, and after the scheduled air 
show. No vessels or persons 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (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 
would be able to safely transit around this safety zone, which would 
affect a small-designated area of the St. Lucie River for approximately 
90 minutes during the evening when vessel traffic is normally low. 
Moreover, the Coast Guard would notify mariners of the safety zone 
through a Broadcast Notice to Mariners via VHF-FM marine channel 16 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 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 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, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guides 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 
approximately 90 minutes that would prohibit entry to all vessels and 
persons during the event. 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 preliminary 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a

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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 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.
    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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; and Department of Homeland Security Delegation No. 
0170.1.

0
2. Add a temporary Sec.  165.T07-0208 to read as follows:


Sec.  165.T07-0208   Safety Zone; St. Lucie River, Stuart, Florida

    (a) Location: The following coordinates define the temporary safety 
zone located in the St. Lucie River, Stuart, FL. All waters of St. 
Lucie River contained within the following points: commencing at 
27[deg]12'24'' N, 080[deg]15'21'' W; thence southeast to 27[deg]12'21'' 
N, 080[deg]14'48'' W; thence southwest to 27[deg]12'06'' N, 
080[deg]14'50'' W; then northwest to 27[deg]12'10'' N, 080[deg]15'23'' 
W; thence northeast to origin. All coordinates are 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 COTP 
in the enforcement of the regulated area.
    (c) Regulations. (1) No person or vessel will be permitted to 
enter, transit, anchor, or remain within the regulated area unless 
authorized by COTP or a designated representative.
    (2) Persons and vessels desiring to enter, transit, anchor, or 
remain within the regulated area may contact the COTP by telephone at 
305-535-4313, or a designated representative via VHF 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 or a designated representative.
    (d) Enforcement Period. This rule will be enforced from 6:00 p.m. 
through 7:30 p.m. on July 4, 2019.

    Dated: April 12, 2019.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2019-07769 Filed 4-19-19; 8:45 am]
 BILLING CODE 9110-04-P