[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Rules and Regulations]
[Pages 62731-62733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22467]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0821]
RIN 1625-AA00


Safety Zone; NAS Jax 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 for 
certain waters of the St. Johns River in connection with the Naval Air 
Station Jacksonville Air Show. This action is necessary to provide for 
the safety of life on these navigable waters near Naval Air Station 
Jacksonville, Jacksonville, FL, during the air show. Entry of vessels 
or persons into this safety zone is prohibited unless specifically 
authorized by the Captain of the Port Jacksonville or a designated 
representative.

DATES: This rule is effective from 7 a.m. on October 21, 2022 through 4 
p.m. on October 23, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0821 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 MST2 Shawn Keeman, Waterways Management Division, U.S. 
Coast Guard; telephone 904-714-7661, 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

[[Page 62732]]

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 doing so would be impracticable. The 
Coast Guard lacks sufficient time to provide for a comment period and 
then consider those comments before issuing the rule. It would be 
contrary to the public interest since immediate action is necessary to 
protect the safety of participants, spectators, the public, and vessels 
transiting the waters of Jacksonville, FL during the Naval Air Station 
Jacksonville Air Show.
    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 contrary to the public interest because immediate 
action is needed to respond to the potential safety hazards associated 
with the Naval Air Station Jacksonville Air Show, and to ensure the 
safety of life on navigable waters during the event.

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 the air show would be a safety 
concern for anyone within the safety zone established by this 
rulemaking. The purpose of this rule is to ensure safety of vessels and 
the navigable waters in the safety zone before, during, and after the 
scheduled event.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from October 21, 2022 
through October 23, 2022 for: All waters of the St. Johns River, one 
nautical mile east of the boathouse at Naval Air Station Jacksonville, 
FL then north .75 mautical mile, then west approximately 1 nautical 
mile west, then .15 nautical miles south to the shoreline. 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, from 7 a.m. through 4 p.m. 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 following 
reasons: (1) the temporary safety zone will only being enforced for a 
total of 9 hours per day, for a total of 27 hours; (2) although persons 
and vessels may not enter, transit through, anchor in, or remain within 
the safety zone without authorization from the COTP or a designated 
representative, they may operate in the surrounding area during the 
enforcement period; (3) persons and vessels may still enter, transit 
through, anchor in, or remain within the areas during the enforcement 
period if authorized by the COTP or a designated representative.

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

[[Page 62733]]

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 the 
establishment of a temporary safety zone lasting 9 hours each day for 3 
days for a total of 27 hours, in the waters surrounding Naval Air 
Station Jacksonville in Jacksonsville, FL. 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, 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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T07-0821 to read as follows:


Sec.  165.T07-0821   NAS Jax Air Show, St. Johns River, Jacksonville, 
FL.

    (a) Location. 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]14'18'' N, 
081[deg]39'46'' W, thence to 30[deg]14'27'' N, 081[deg]39'46'' W, 
thence to 30[deg]14'27'' N, 081[deg]38'38'' W, thence to 30[deg]13'41'' 
N, 081[deg]38'38'' W, thence to 30[deg]13'41'' N, 081[deg]39'54'' W, 
and along the shore line back to the beginning point. These coordinates 
are based on the1984 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 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 by 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.
    (d) Enforcement period. This section will be enforced from from 7 
a.m. until 4 p.m., each day from October 21, 2022 through October 23, 
2022.

    Dated: October 12, 2022.
Joshua D. Rose,
Commander, U.S. Coast Guard, Acting Captain of the Port Jacksonville.
[FR Doc. 2022-22467 Filed 10-14-22; 8:45 am]
BILLING CODE 9110-04-P


