Rule2022-22467
Safety Zone; NAS Jax Air Show, St. Johns River, Jacksonville, FL
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 17, 2022
Effective
October 21, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 199 (Monday, October 17, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#8ddee5ecfae3a3dfa3c6e8e8e0ece3cdf8feeeeaa3e0e4e1"><span class="__cf_email__" data-cfemail="97c4fff6e0f9b9c5b9dcf2f2faf6f9d7e2e4f4f0b9fafefb">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on October 17, 2022.
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