
[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Rules and Regulations]
[Pages 13225-13227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04818]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
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  Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Rules 
and Regulations  

[[Page 13225]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0130]
RIN 1625-AA00


Safety Zone, TICO Warbird Air Show; Indian River, Titusville, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
certain waters of the Indian River in Titusville, Florida during the 
2017 TICO Warbird Air Show. This safety zone is necessary to provide 
for the safety of life on the navigable waters surrounding the event. 
This regulated area will prohibit persons and vessels from entering in, 
transiting through, anchoring in, or remaining within the safety zone 
unless authorized by the Captain of the Port (COTP) Jacksonville or a 
designated representative.

DATES: This rule is effective from 3 p.m. until 5 p.m. on March 10 
through March 12, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0130 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 Allan Storm, Sector Jacksonville, Waterways 
Management Division, U.S. Coast Guard; telephone (904) 714-7616, email 
Allan.H.Storm@uscg.mil.

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 the Coast Guard did not 
receive the information about the air show until February 2, 2017, and 
the air show would occur before the rulemaking process would be 
completed. Because of the potential safety hazards to the public during 
the aerial flight demonstrations, the safety zone is necessary to 
provide for the safety of event participants, spectators, spectator 
craft, and other vessels transiting the event area. For those reasons, 
it would be impracticable and contrary to the public interest to 
publish an NPRM.
    For the same reason discussed above, 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.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Jacksonville has determined that a safety zone is 
necessary to protect the general public from hazards associated with 
aerial flight demonstrations. This rule is necessary to ensure the 
safety of vessels and persons in the navigable waters within the safety 
zone during the air show in Titusville, Florida.

IV. Discussion of the Rule

    This rule establishes a safety zone from March 10 through March 12, 
2017 which will be enforced daily from 3 p.m. until 5 p.m. The safety 
zone will cover all navigable waters within an area approximately one 
half nautical mile by one third nautical mile, directly offshore from 
Space Coast Regional Airport, on the Indian River in Titusville, 
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 will be permitted to enter, transit 
through, anchor in, or remain within the safety zone without obtaining 
permission from the COTP or a designated representative.

V. Regulatory Analyses

    The Coast Guard developed this rule after considering numerous 
statutes and Executive Orders (E.O.s) 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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it 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 Indian River for two hours on 
each of the three days the air show is occurring. Moreover, the Coast 
Guard will issue a Local Notice to Mariners and Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone, and the rule 
allows 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

[[Page 13226]]

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 
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 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 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 
Management 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 that will prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within a one 
half nautical mile by one third nautical mile regulated area during a 
three day air show lasting two hours daily. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An 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 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.

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 ARES 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.T07-0130 to read as follows:


Sec.  165. T07-0130  Safety Zone; TICO Warbird Air Show, Indian River, 
Titusville, FL.

    (a) Regulated area. The following regulated area is a safety zone 
located on the Indian River in Titusville, Florida. All waters of the 
Indian River encompassed within an imaginary line connecting the 
following points: Starting at Point 1 in position 28[deg]31'24.79'' N., 
080[deg]46'54.21'' W.; thence east to Point 2 in position 
28[deg]31'25.15'' N., 080[deg]46'32.72'' W.; thence south to Point 3 in 
position 28[deg]30'55.41'' N., 080[deg]46'32.75'' W.; thence west to 
Point 4 in position 28[deg]30'55.19'' N., 080[deg]46'55.36'' W.; thence 
following the shoreline 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-

[[Page 13227]]

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 safety zone through 
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM 
channel 16, and by on-scene designated representatives.
    (d) Enforcement period. This rule is will be enforced from 3 p.m. 
until 5 p.m. daily from March 10 through March 12, 2017.

    Dated: March 6, 2017.
L.C. Parrales,
Commander, U.S. Coast Guard, Acting Captain of the Port Jacksonville.
[FR Doc. 2017-04818 Filed 3-9-17; 8:45 am]
 BILLING CODE 9110-04-P


