[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20764-20766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07373]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0120]
RIN 1625-AA00


Safety Zone; Atlantic Ocean, Cocoa Beach, FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
certain waters of the Atlantic Ocean near Cocoa Beach, FL. This action 
is necessary to provide for the safety of the boating public on 
navigable waters near Cocoa Beach, FL, during the Cocoa Beach Air Show. 
This rule prohibits persons and vessels from being in the safety zone 
unless authorized by the Captain of the Port Jacksonville or a 
designated representative.

DATES: This rule is effective from 10 a.m. on April 13, 2023, through 5 
p.m. on April 16, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0120 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Anthony DeAngelo, Sector Jacksonville Waterways 
Management Division, U.S. Coast Guard; telephone 904-714-7631, 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

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it would be impracticable. The Coast 
Guard lacks sufficient time to provide for a comment period and then 
consider those comments before issuing the rule since this rule is 
needed by April 13, 2023. It would be contrary to the public interest 
since immediate action is necessary to protect the safety of the 
public, and vessels transiting the waters of the Atlantic Ocean near 
Cocoa Beach, FL.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the Cocoa Beach 
airshow.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Jacksonville (COTP) has determined that 
potential hazards associated with an airshow occurring between April 13 
and April 16, 2023, will be a safety concern for anyone within a 
defined boundary off the shore of Cocoa Beach, FL. This rule is needed 
to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the airshow occurs.

[[Page 20765]]

IV. Discussion of the Rule

    This rule establishes a safety zone daily from 10 a.m. until 5 
p.m., on April 13, 2023, through April 16, 2023. The safety zone covers 
all navigable waters within a box beginning at 28[deg]21.146 N, 
80[deg]36.225 W, thence to 28[deg]21.109 N, 80[deg]35.667 W, thence to 
28[deg]19.132 N, 80[deg]35.842 W, thence to 28[deg]19.169 N, 
80[deg]36.400 W and along the shore line back to the beginning point, 
east of Lori Wilson Park in Cocoa Beach, FL. The duration of the zone 
is intended to ensure the safety of the boating public during the Cocoa 
Beach Air Show. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a 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. 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).
    This regulatory action determination is based on the size, location 
and scope of the safety zone. The zone is limited in size, location, 
and duration as it will cover a small portion of the Atlantic Ocean 
near Coca Beach, FL. The zone is limited in scope as vessel traffic may 
seek permission from the COTP to enter the zone. It is limited in 
duration in that it will only be enforced for 21 hours over the course 
of three days. Moreover, the Coast Guard would issue a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the safety 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 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 
call or email 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.

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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 only 7 hours a day for 3 days that will prohibit 
entry within a defined boundary off shore from Cocoa Beach, FL, in the 
Atlantic Ocean. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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, Safety measures, Waterways.


[[Page 20766]]


    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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T07-0120 to read as follows:


Sec.  165.T07-0120  Safety Zone; Atlantic Ocean, Cocoa Beach, FL.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic Ocean, from surface to bottom, encompassed by a line 
connecting the following points beginning at 28[deg]21.146 N, 
80[deg]36.225 W, thence to 28[deg]21.109 N, 80[deg]35.667 W, thence to 
28[deg]19.132 N, 80[deg]35.842 W, thence to 28[deg]19.169 N, 
80[deg]36.400 W and along the shore line back to the beginning point. 
These coordinates are based on the 1984 World Geodetic System (WGS 84).
    (b) Definitions. As used in this section, 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 Sector Jacksonville (COTP) in the enforcement of 
the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative on VHF Channel 16 or VHF Channel 22. Those in the safety 
zone must comply with all lawful orders or directions given to them by 
the COTP or the COTP's designated representative.
    (d) Enforcement periods. This section will be enforced daily from 
10 a.m. until 5 p.m., on April 13, 2023, through April 16, 2023.

    Dated: April 3, 2023.
J.D. Espino-Young,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2023-07373 Filed 4-6-23; 8:45 am]
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