
[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Rules and Regulations]
[Pages 70889-70891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22701]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0735]
RIN 1625-AA00


Safety Zone; Atlantic Ocean, Jacksonville Beach, 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 
waterways surrounding Jacksonville, Florida during the 2023 
Jacksonville Beach Sea and Sky Air Show. The safety zone is necessary 
to ensure the safety of event participants and spectators. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP) Jacksonville or a 
designated representative.

DATES: This rule is effective from 7 a.m. until 5 p.m. on October 20, 
2023, through October 22, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0735 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 Marine Science Technician First Class Anthony DeAngelo, 
Waterways Management Division, Sector Jacksonville, FL, U.S. Coast 
Guard; telephone 904-714-7631; email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
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 is impracticable. The Coast Guard 
was notified of the event without ample time for the NPRM process. We 
must establish the safety zone by October 20, 2023, and lack sufficient 
time to provide for a reasonable comment period and then consider those 
comments before issuing this rule.
    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 ensure the safety of the participants and vessels 
during the 2023 Jacksonville Beach Sea and Sky Air Show.

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 Sector Jacksonville (COTP) has 
determined that potential hazards associated with the 2023 Jacksonville 
Beach Sea and Sky Air Show will be a safety concern for persons and 
vessels in the regulated area. This rule is needed to ensure the safety 
of the event participants, the general public, vessels and the marine 
environment in the navigable waters within the safety zone during the 
2023 Jacksonville Beach Sea and Sky Air Show.

IV. Discussion of the Rule

    This rule establishes a safety zone on certain waters of 
Jacksonville, Florida, during the 2023 Jacksonville Beach Sea

[[Page 70890]]

and Sky Air Show. The safety zone will be enforced from 7 a.m. until 5 
p.m. on October 20, 2023, through October 22, 2023. The safety zone 
will cover waters within the points starting at 30[deg]18'00'' N, 
081[deg]23'06'' W, then proceeding to the East to point 30[deg]17'54'' 
N, 081[deg]21'54'' W, then to the Southeast to point 30[deg]16'12'' N, 
081[deg]21'34'' W, then to the Southwest to point 30[deg]16'06'' N, 
081[deg]22'43'' W, then proceeding to the first point.
    No person or vessel will be permitted to enter, transit through, 
anchor in, or remain within the safety zone without first obtaining 
permission from the COTP or a designated representative. If 
authorization to enter, transit through, anchor in, or remain within 
the safety zone is granted by the COTP or a designated representative, 
all persons and vessels receiving such authorization must comply with 
the instructions of the COTP or a designated representative. The Coast 
Guard will provide notice of the safety zone by Broadcast Notice to 
Mariners, and/or by on-scene designated representatives.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on following reasons: 
(1) the temporary safety zone will only be enforced for a total of 10 
hours per day, for 3 consecutive days; (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 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 1.7 
nautical mile perimeter safety zone, lasting the duration of the marine 
event and thus limited in time and scope. This zone will prohibit entry 
while in effect. It is categorically excluded from further review under 
paragraph L60a 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

[[Page 70891]]

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 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. 01.3.


0
2. Add Sec.  165.T07-0735 to read as follows:


Sec.  165.T07-0735  2023 Jacksonville Beach Sea and Sky Airshow.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic Ocean off the coast of Jacksonville Beach, from surface to 
bottom, that are within the 1.7 nautical mile perimeter that begins at 
30[deg]18'00'' N, 081[deg]23'06'' W, then proceeding to the East to 
point 30[deg]17'54'' N, 081[deg]21'54'' W, then to the Southeast to 
point 30[deg]16'12'' N, 081[deg]21'34'' W, then to the Southwest to 
point 30[deg]16'06'' N, 081[deg]22'43'' W, then proceeding to the first 
point.
    (b) Definitions. As used in this section, 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 COTP 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 COTP 
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 by 
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM 
channel 16, or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 7 a.m. 
until 5 p.m. on October 20, 2023, through October 22, 2023.

    Dated: October 6, 2023.
J.D. Espino-Young,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2023-22701 Filed 10-12-23; 8:45 am]
BILLING CODE 9110-04-P


