82_FR_35863 82 FR 35717 - Safety Zone, Blue Angels Air Show; St. Johns River, Jacksonville, FL

82 FR 35717 - Safety Zone, Blue Angels Air Show; St. Johns River, Jacksonville, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 146 (August 1, 2017)

Page Range35717-35719
FR Document2017-16177

The Coast Guard proposes to establish a safety zone on the waters of the St. Johns River in vicinity of Naval Air Station (NAS) Jacksonville, Florida during the Blue Angels Air Show. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port (COTP) Jacksonville or a designated representative. The Coast Guard invites your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 146 (Tuesday, August 1, 2017)
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Proposed Rules]
[Pages 35717-35719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16177]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0577]
RIN 1625-AA00


Safety Zone, Blue Angels Air Show; St. Johns River, Jacksonville, 
FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a safety zone on the 
waters of the St. Johns River in vicinity of Naval Air Station (NAS) 
Jacksonville, Florida during the Blue Angels Air Show. This proposed 
rulemaking would prohibit persons and vessels from being in the safety 
zone unless authorized by the Captain of the Port (COTP) Jacksonville 
or a designated representative. The Coast Guard invites your comments 
on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 31, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0577 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Allan Storm, Sector 
Jacksonville, Chief, Waterways Management, U.S. Coast guard; telephone 
(904) 714-7616, 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, Purpose, and Legal Basis

    On April 25, 2017, NAS Jacksonville submitted a marine event 
application to the Coast Guard for the Blue Angels Air Show that will 
take place from November 3, 2017 through November 5, 2017. The air show 
will consist of various flight demonstrations over the St. Johns River 
in vicinity of NAS Jacksonville. Over the years, there have been 
unfortunate instances of aircraft mishaps that involve crashing during 
performances at various air shows around the world. Occasionally, these 
incidents result in a wide area of scattered debris in the water that 
can damage property or cause significant injury or death to the public 
observing the air shows. The Captain of the Port (COTP) Jacksonville 
has determined that a safety zone is necessary to protect the general 
public from hazards associated with aerial flight demonstrations.
    The purpose of the rulemaking is to ensure the safety of vessels 
and persons during the air show on the navigable waters of the St. 
Johns River in vicinity of NAS Jacksonville, Florida. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 8:00 a.m. to 5:00 
p.m. from November 3, 2017 through November 5, 2017. The safety zone 
will encompass all waters within an area approximately three quarters 
of a mile parallel to the shoreline, and one mile out into the St. 
Johns River in Jacksonville, FL. The duration of the

[[Page 35718]]

zone is intended to ensure the safety of the public and these navigable 
waters during the aerial flight demonstrations. No vessel or person 
would be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. The regulatory 
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    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 St. Johns River for nine hours on 
each of the three days the air show is occurring. Moreover, the Coast 
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rule would allow 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 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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed rule involves a safety 
zone that would prohibit persons and vessels from transiting through a 
one square mile regulated area during a three day air show lasting nine 
hours daily. Normally such actions are categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary Record of Environmental 
Consideration supporting this determination is 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 proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the

[[Page 35719]]

outcome of this rulemaking. If you submit a comment, please include the 
docket number for this rulemaking, indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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:  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. T07-0577 to read as follows:


Sec.  165.T07-0577  Safety Zone, Blue Angels Air Show; St. Johns River, 
Jacksonville, FL

    (a) Regulated Area. The following area is a safety zone located on 
the St. Johns River in Jacksonville, FL. All waters of the St. Johns 
River encompassed within an imaginary line connecting the following 
points: Starting at Point 1 in position 30[deg]13'41'' N.; 
081[deg]39'45'' W., thence due east to Point 2 in position 
30[deg]13''41'' N.; 081[deg]38'35'' W., thence south to Point 3 in 
position 30[deg]14'27'' N.; 081[deg]38''35'' W., thence west to Point 4 
in position 30[deg]14'27'' N., 081[deg]39'45'' W., thence following the 
shoreline north back to the point of 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) 714-7557, 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 
through Broadcast Notice to Mariners via VHF-FM channel 16 or by on-
scene designated representatives.
    (d) Enforcement Period. This rule will be enforced daily from 8 
a.m. until 5 p.m. from November 3, 2017 through November 5, 2017.

    Dated: July 27, 2017.
T.C. Wiemers,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2017-16177 Filed 7-31-17; 8:45 am]
BILLING CODE 9110-04-P



                                                                            Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Proposed Rules                                              35717

                                                    The Proposal                                             PART 71—DESIGNATION OF CLASS A,                           ADDRESSES:   You may submit comments
                                                                                                             B, C, D, AND E AIRSPACE AREAS; AIR                        identified by docket number USCG–
                                                       The FAA is proposing an amendment                     TRAFFIC SERVICE ROUTES; AND                               2017–0577 using the Federal
                                                    to Title 14 Code of Federal Regulations                  REPORTING POINTS                                          eRulemaking Portal at http://
                                                    (14 CFR) part 71 by establishing Class E                                                                           www.regulations.gov. See the ‘‘Public
                                                    airspace extending upward from 700                       ■ 1. The authority citation for 14 CFR                    Participation and Request for
                                                    feet above the surface within a 6.6-mile                 part 71 continues to read as follows:                     Comments’’ portion of the
                                                    radius of Gregory M. Simmons                               Authority: 49 U.S.C. 106(f), 106(g); 40103,             SUPPLEMENTARY INFORMATION section for
                                                    Memorial Airport, Cisco, TX, due to the                  40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,              further instructions on submitting
                                                    establishment of a new public                            1959–1963 Comp., p. 389.                                  comments.
                                                    instrument approach procedure at the
                                                                                                             § 71.1       [Amended]                                    FOR FURTHER INFORMATION CONTACT: If
                                                    airport. Controlled airspace is necessary
                                                    for the safety and management of                         ■ 2. The incorporation by reference in                    you have questions about this proposed
                                                    instrument approach procedures for IFR                   14 CFR 71.1 of FAA Order 7400.11A,                        rulemaking, call or email Lieutenant
                                                    operations at the airport.                               Airspace Designations and Reporting                       Allan Storm, Sector Jacksonville, Chief,
                                                                                                             Points, dated August 3, 2016, and                         Waterways Management, U.S. Coast
                                                       Class E airspace designations are                                                                               guard; telephone (904) 714–7616, email
                                                    published in paragraph 6005 of FAA                       effective September 15, 2016, is
                                                                                                             amended as follows:                                       Allan.H.Storm@uscg.mil.
                                                    Order 7400.11A, dated August 3, 2016,                                                                              SUPPLEMENTARY INFORMATION:
                                                    and effective September 15, 2016, which                  Paragraph 6005 Class E Airspace Areas
                                                    is incorporated by reference in 14 CFR                   Extending Upward from 700 feet or More                    I. Table of Abbreviations
                                                    71.1. The Class E airspace designations                  Above the Surface of the Earth.                           CFR Code of Federal Regulations
                                                    listed in this document will be                          *        *       *       *       *                        DHS Department of Homeland Security
                                                    published subsequently in the Order.                                                                               FR Federal Register
                                                                                                             ASW TX E5 Cisco, TX [New]                                 NPRM Notice of proposed rulemaking
                                                    Regulatory Notices and Analyses                          Gregory M. Simmons Airport, TX                            § Section
                                                                                                               (Lat. 32°21′57″ N., long. 99°01′25″ W.)                 U.S.C. United States Code
                                                       The FAA has determined that this                        That airspace extending upward from 700
                                                    regulation only involves an established                                                                            II. Background, Purpose, and Legal
                                                                                                             feet above the surface within a 6.6-mile
                                                    body of technical regulations for which                  radius of Gregory M. Simmons Airport.                     Basis
                                                    frequent and routine amendments are                                                                                   On April 25, 2017, NAS Jacksonville
                                                                                                               Issued in Fort Worth, Texas, on July 24,
                                                    necessary to keep them operationally                     2017.                                                     submitted a marine event application to
                                                    current, is non-controversial and                                                                                  the Coast Guard for the Blue Angels Air
                                                                                                             Walter Tweedy,
                                                    unlikely to result in adverse or negative                                                                          Show that will take place from
                                                                                                             Acting Manager, Operations Support Group,
                                                    comments. It, therefore: (1) Is not a                                                                              November 3, 2017 through November 5,
                                                                                                             ATO Central Service Center.
                                                    ‘‘significant regulatory action’’ under                                                                            2017. The air show will consist of
                                                                                                             [FR Doc. 2017–16090 Filed 7–31–17; 8:45 am]
                                                    Executive Order 12866; (2) is not a                                                                                various flight demonstrations over the
                                                                                                             BILLING CODE 4910–13–P
                                                    ‘‘significant rule’’ under DOT                                                                                     St. Johns River in vicinity of NAS
                                                    Regulatory Policies and Procedures (44                                                                             Jacksonville. Over the years, there have
                                                    FR 11034; February 26, 1979); and (3)                                                                              been unfortunate instances of aircraft
                                                    does not warrant preparation of a                        DEPARTMENT OF HOMELAND                                    mishaps that involve crashing during
                                                    regulatory evaluation as the anticipated                 SECURITY                                                  performances at various air shows
                                                    impact is so minimal. Since this is a                                                                              around the world. Occasionally, these
                                                    routine matter that will only affect air                 Coast Guard
                                                                                                                                                                       incidents result in a wide area of
                                                    traffic procedures and air navigation, it                                                                          scattered debris in the water that can
                                                    is certified that this rule, when                        33 CFR Part 100
                                                                                                                                                                       damage property or cause significant
                                                    promulgated, would not have a                            [Docket Number USCG–2017–0577]                            injury or death to the public observing
                                                    significant economic impact on a                                                                                   the air shows. The Captain of the Port
                                                                                                             RIN 1625–AA00
                                                    substantial number of small entities                                                                               (COTP) Jacksonville has determined that
                                                    under the criteria of the Regulatory                     Safety Zone, Blue Angels Air Show; St.                    a safety zone is necessary to protect the
                                                    Flexibility Act.                                         Johns River, Jacksonville, FL                             general public from hazards associated
                                                    Environmental Review                                                                                               with aerial flight demonstrations.
                                                                                                             AGENCY:      Coast Guard, DHS.                               The purpose of the rulemaking is to
                                                       This proposal will be subject to an                   ACTION:      Notice of proposed rulemaking.               ensure the safety of vessels and persons
                                                    environmental analysis in accordance                                                                               during the air show on the navigable
                                                                                                             SUMMARY:   The Coast Guard proposes to                    waters of the St. Johns River in vicinity
                                                    with FAA Order 1050.1F,                                  establish a safety zone on the waters of
                                                    ‘‘Environmental Impacts: Policies and                                                                              of NAS Jacksonville, Florida. The Coast
                                                                                                             the St. Johns River in vicinity of Naval                  Guard proposes this rulemaking under
                                                    Procedures’’ prior to any FAA final                      Air Station (NAS) Jacksonville, Florida
                                                    regulatory action.                                                                                                 authority in 33 U.S.C. 1231.
                                                                                                             during the Blue Angels Air Show. This
                                                    List of Subjects in 14 CFR Part 71                       proposed rulemaking would prohibit                        III. Discussion of Proposed Rule
                                                                                                             persons and vessels from being in the                        The COTP proposes to establish a
mstockstill on DSK30JT082PROD with PROPOSALS




                                                     Airspace, Incorporation by reference,                   safety zone unless authorized by the                      safety zone from 8:00 a.m. to 5:00 p.m.
                                                    Navigation (air).                                        Captain of the Port (COTP) Jacksonville                   from November 3, 2017 through
                                                    The Proposed Amendment                                   or a designated representative. The                       November 5, 2017. The safety zone will
                                                                                                             Coast Guard invites your comments on                      encompass all waters within an area
                                                      Accordingly, pursuant to the                           this proposed rulemaking.                                 approximately three quarters of a mile
                                                    authority delegated to me, the Federal                   DATES: Comments and related material                      parallel to the shoreline, and one mile
                                                    Aviation Administration proposes to                      must be received by the Coast Guard on                    out into the St. Johns River in
                                                    amend 14 CFR part 71 as follows:                         or before August 31, 2017.                                Jacksonville, FL. The duration of the


                                               VerDate Sep<11>2014   17:34 Jul 31, 2017   Jkt 241001   PO 00000   Frm 00029       Fmt 4702   Sfmt 4702   E:\FR\FM\01AUP1.SGM   01AUP1


                                                    35718                   Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Proposed Rules

                                                    zone is intended to ensure the safety of                    While some owners or operators of                  in the FOR FURTHER INFORMATION
                                                    the public and these navigable waters                    vessels intending to transit the safety               CONTACT section.
                                                    during the aerial flight demonstrations.                 zone may be small entities, for the
                                                                                                                                                                   E. Unfunded Mandates Reform Act
                                                    No vessel or person would be permitted                   reasons stated in section IV.A above,
                                                    to enter the safety zone without                         this proposed rule would not have a                      The Unfunded Mandates Reform Act
                                                    obtaining permission from the COTP or                    significant economic impact on any                    of 1995 (2 U.S.C. 1531–1538) requires
                                                    a designated representative. The                         vessel owner or operator.                             Federal agencies to assess the effects of
                                                    regulatory text we are proposing appears                    If you think that your business,                   their discretionary regulatory actions. In
                                                    at the end of this document.                             organization, or governmental                         particular, the Act addresses actions
                                                                                                             jurisdiction qualifies as a small entity              that may result in the expenditure by a
                                                    IV. Regulatory Analyses                                  and that this rule would have a                       State, local, or tribal government, in the
                                                      We developed this proposed rule after                  significant economic impact on it,                    aggregate, or by the private sector of
                                                    considering numerous statutes and                        please submit a comment (see                          $100,000,000 (adjusted for inflation) or
                                                    Executive orders related to rulemaking.                  ADDRESSES) explaining why you think it                more in any one year. Though this
                                                    Below we summarize our analyses                          qualifies and how and to what degree                  proposed rule would not result in such
                                                    based on a number of these statutes and                  this rule would economically affect it.               an expenditure, we do discuss the
                                                    Executive orders and we discuss First                       Under section 213(a) of the Small                  effects of this rule elsewhere in this
                                                    Amendment rights of protestors.                          Business Regulatory Enforcement                       preamble.
                                                                                                             Fairness Act of 1996 (Pub. L. 104–121),
                                                    A. Regulatory Planning and Review                        we want to assist small entities in                   F. Environment
                                                                                                             understanding this proposed rule. If the                 We have analyzed this proposed rule
                                                       Executive Orders 12866 and 13563
                                                                                                             rule would affect your small business,                under Department of Homeland
                                                    direct agencies to assess the costs and
                                                                                                             organization, or governmental                         Security Management Directive 023–01
                                                    benefits of available regulatory
                                                                                                             jurisdiction and you have questions                   and Commandant Instruction
                                                    alternatives and, if regulation is
                                                                                                             concerning its provisions or options for              M16475.lD, which guide the Coast
                                                    necessary, to select regulatory
                                                                                                             compliance, please contact the person                 Guard in complying with the National
                                                    approaches that maximize net benefits.
                                                                                                             listed in the FOR FURTHER INFORMATION                 Environmental Policy Act of 1969 (42
                                                    Executive Order 13771 directs agencies
                                                                                                             CONTACT section. The Coast Guard will                 U.S.C. 4321–4370f), and have made a
                                                    to control regulatory costs through a
                                                                                                             not retaliate against small entities that             preliminary determination that this
                                                    budgeting process. This NPRM has not
                                                                                                             question or complain about this                       action is one of a category of actions that
                                                    been designated a ‘‘significant
                                                                                                             proposed rule or any policy or action of              do not individually or cumulatively
                                                    regulatory action,’’ under Executive
                                                                                                             the Coast Guard.                                      have a significant effect on the human
                                                    Order 12866. Accordingly, the NPRM
                                                                                                                                                                   environment. This proposed rule
                                                    has not been reviewed by the Office of                   C. Collection of Information                          involves a safety zone that would
                                                    Management and Budget (OMB), and                           This proposed rule would not call for               prohibit persons and vessels from
                                                    pursuant to OMB guidance it is exempt                    a new collection of information under                 transiting through a one square mile
                                                    from the requirements of Executive                       the Paperwork Reduction Act of 1995                   regulated area during a three day air
                                                    Order 13771.                                             (44 U.S.C. 3501–3520).                                show lasting nine hours daily. Normally
                                                       This regulatory action determination                                                                        such actions are categorically excluded
                                                    is based on the size, location, duration,                D. Federalism and Indian Tribal
                                                                                                             Governments                                           from further review under paragraph
                                                    and time-of-day of the safety zone.                                                                            34(g) of Figure 2–1 of Commandant
                                                    Vessel traffic would be able to safely                      A rule has implications for federalism             Instruction M16475.lD. A preliminary
                                                    transit around this safety zone which                    under Executive Order 13132,                          Record of Environmental Consideration
                                                    would impact a small designated area of                  Federalism, if it has a substantial direct            supporting this determination is
                                                    the St. Johns River for nine hours on                    effect on the States, on the relationship             available in the docket where indicated
                                                    each of the three days the air show is                   between the national government and                   under ADDRESSES. We seek any
                                                    occurring. Moreover, the Coast Guard                     the States, or on the distribution of                 comments or information that may lead
                                                    would issue a Broadcast Notice to                        power and responsibilities among the                  to the discovery of a significant
                                                    Mariners via VHF–FM marine channel                       various levels of government. We have                 environmental impact from this
                                                    16 about the zone, and the rule would                    analyzed this proposed rule under that                proposed rule.
                                                    allow vessels to seek permission to enter                Order and have determined that it is
                                                    the zone.                                                consistent with the fundamental                       G. Protest Activities
                                                    B. Impact on Small Entities                              federalism principles and preemption                    The Coast Guard respects the First
                                                                                                             requirements described in Executive                   Amendment rights of protesters.
                                                       The Regulatory Flexibility Act of                     Order 13132.                                          Protesters are asked to contact the
                                                    1980, 5 U.S.C. 601–612, as amended,                         Also, this proposed rule does not have             person listed in the FOR FURTHER
                                                    requires Federal agencies to consider                    tribal implications under Executive                   INFORMATION CONTACT section to
                                                    the potential impact of regulations on                   Order 13175, Consultation and                         coordinate protest activities so that your
                                                    small entities during rulemaking. The                    Coordination with Indian Tribal                       message can be received without
                                                    term ‘‘small entities’’ comprises small                  Governments, because it would not have                jeopardizing the safety or security of
                                                    businesses, not-for-profit organizations                 a substantial direct effect on one or                 people, places, or vessels.
mstockstill on DSK30JT082PROD with PROPOSALS




                                                    that are independently owned and                         more Indian tribes, on the relationship
                                                    operated and are not dominant in their                   between the Federal Government and                    V. Public Participation and Request for
                                                    fields, and governmental jurisdictions                   Indian tribes, or on the distribution of              Comments
                                                    with populations of less than 50,000.                    power and responsibilities between the                  We view public participation as
                                                    The Coast Guard certifies under 5 U.S.C.                 Federal Government and Indian tribes.                 essential to effective rulemaking, and
                                                    605(b) that this proposed rule would not                 If you believe this proposed rule has                 will consider all comments and material
                                                    have a significant economic impact on                    implications for federalism or Indian                 received during the comment period.
                                                    a substantial number of small entities.                  tribes, please contact the person listed              Your comment can help shape the


                                               VerDate Sep<11>2014   17:34 Jul 31, 2017   Jkt 241001   PO 00000   Frm 00030   Fmt 4702   Sfmt 4702   E:\FR\FM\01AUP1.SGM   01AUP1


                                                                            Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Proposed Rules                                            35719

                                                    outcome of this rulemaking. If you                       4 in position 30°14′27″ N., 081°39′45″                Schedule for Rating Disabilities
                                                    submit a comment, please include the                     W., thence following the shoreline north              (‘‘VASRD’’ or ‘‘Rating Schedule’’). VA
                                                    docket number for this rulemaking,                       back to the point of origin. These                    proposes to rename certain diagnostic
                                                    indicate the specific section of this                    coordinates are based on North                        codes, revise rating criteria, give new
                                                    document to which each comment                           American Datum 1983.                                  rating guidance, add new codes, and
                                                    applies, and provide a reason for each                      (b) Definition. The term ‘‘designated              remove obsolete codes. These revisions
                                                    suggestion or recommendation.                            representative’’ means Coast Guard                    would incorporate medical terminology
                                                       We encourage you to submit                            Patrol Commanders, including Coast                    more recent than the last comprehensive
                                                    comments through the Federal                             Guard coxswains, petty officers, and                  review, as well as simplify the rating
                                                    eRulemaking Portal at http://                            other officers operating Coast Guard                  process.
                                                    www.regulations.gov. If your material                    vessels, and Federal, state, and local                DATES: Comments must be received by
                                                    cannot be submitted using http://                        officers designated by or assisting the               VA on or before October 2, 2017.
                                                    www.regulations.gov, contact the person                  Captain of the Port Jacksonville in the               ADDRESSES: Written comments may be
                                                    in the FOR FURTHER INFORMATION                           enforcement of the regulated area.                    submitted through
                                                    CONTACT section of this document for                        (c) Regulations. (1) All persons and               www.Regulations.gov; by mail or hand-
                                                    alternate instructions.                                  vessels are prohibited from entering,                 delivery to Director, Regulations
                                                       We accept anonymous comments. All                     transiting through, anchoring in, or                  Management (00REG), Department of
                                                    comments received will be posted                         remaining within the regulated area                   Veterans Affairs, 810 Vermont Ave.
                                                    without change to http://                                unless authorized by the Captain of the               NW., Room 1068, Washington, DC
                                                    www.regulations.gov and will include                     Port Jacksonville or a designated                     20420; or by fax to (202) 273–9026.
                                                    any personal information you have                        representative.                                       (This is not a toll-free number.)
                                                    provided. For more about privacy and                        (2) Persons and vessels desiring to                Comments should indicate that they are
                                                    the docket, visit http://                                enter, transit through, anchor in, or                 submitted in response to ‘‘RIN 2900–
                                                    www.regulations.gov/privacyNotice.                       remain within the regulated area may                  AP88—Schedule for Rating Disabilities;
                                                       Documents mentioned in this NPRM                      contact the Captain of the Port                       Musculoskeletal System and Muscle
                                                    as being available in the docket, and all                Jacksonville by telephone at (904) 714–               Injuries.’’ Copies of comments received
                                                    public comments, will be in our online                   7557, or a designated representative via              will be available for public inspection in
                                                    docket at http://www.regulations.gov                     VHF–FM radio on channel 16, to                        the Office of Regulation Policy and
                                                    and can be viewed by following that                      request authorization. If authorization is            Management, Room 1063B, between the
                                                    Web site’s instructions. Additionally, if                granted, all persons and vessels                      hours of 8:00 a.m. and 4:30 p.m.,
                                                    you go to the online docket and sign up                  receiving such authorization must                     Monday through Friday (except
                                                    for email alerts, you will be notified                   comply with the instructions of the                   holidays). Please call (202) 461–4902 for
                                                    when comments are posted or a final                      COTP Jacksonville or a designated                     an appointment. (This is not a toll-free
                                                    rule is published.                                       representative.                                       number.) In addition, during the
                                                    List of Subjects in 33 CFR Part 165                         (3) The Coast Guard will provide                   comment period, comments may be
                                                                                                             notice of the regulated area through                  viewed online through the Federal
                                                      Harbors, Marine safety, Navigation                     Broadcast Notice to Mariners via VHF–                 Docket Management System (FDMS) at
                                                    (water), Reporting and recordkeeping                     FM channel 16 or by on-scene                          www.Regulations.gov.
                                                    requirements, Security measures,                         designated representatives.
                                                    Waterways.                                                                                                     FOR FURTHER INFORMATION CONTACT: Gary
                                                                                                                (d) Enforcement Period. This rule will             Reynolds, M.D., Regulations Staff
                                                      For the reasons discussed in the                       be enforced daily from 8 a.m. until 5                 (211C), Compensation Service, Veterans
                                                    preamble, the Coast Guard proposes to                    p.m. from November 3, 2017 through                    Benefits Administration, Department of
                                                    amend 33 CFR part 165 as follows:                        November 5, 2017.                                     Veterans Affairs, 810 Vermont Avenue
                                                    PART 165—REGULATED NAVIGATION                              Dated: July 27, 2017.                               NW, Washington, DC 20420, (202) 461–
                                                    AREAS AND LIMITED ACCESS AREAS                           T.C. Wiemers,                                         9700. (This is not a toll-free number.)
                                                                                                             Captain, U.S. Coast Guard, Captain of the             SUPPLEMENTARY INFORMATION: The
                                                    ■ 1. The authority citation for part 165                 Port Jacksonville.                                    National Defense Authorization Act of
                                                    continues to read as follows:                            [FR Doc. 2017–16177 Filed 7–31–17; 8:45 am]           2004, secs. 1501–07, Public Law 108–
                                                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              BILLING CODE 9110–04–P                                136, 117 Stat. 1392, established the
                                                    33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;                                                                       Veterans’ Disability Benefits
                                                    Department of Homeland Security Delegation                                                                     Commission (the ‘‘Commission’’).
                                                    No. 0170.1.                                              DEPARTMENT OF VETERANS                                Section 1502 of Public Law 108–136
                                                    ■ 2. Add § 165. T07–0577 to read as                      AFFAIRS                                               mandated the Commission to study
                                                    follows:                                                                                                       ways to improve the disability
                                                                                                             38 CFR Part 4                                         compensation system for military
                                                    § 165.T07–0577 Safety Zone, Blue Angels                                                                        veterans. The Commission consulted
                                                    Air Show; St. Johns River, Jacksonville, FL              RIN 2900–AP88                                         with the Institute of Medicine (IOM) to
                                                       (a) Regulated Area. The following area                                                                      review the medical aspects of current
                                                                                                             Schedule for Rating Disabilities;
                                                    is a safety zone located on the St. Johns                                                                      compensation policies. In 2007, the IOM
                                                                                                             Musculoskeletal System and Muscle
                                                    River in Jacksonville, FL. All waters of                                                                       released its report titled ‘‘A 21st Century
mstockstill on DSK30JT082PROD with PROPOSALS




                                                                                                             Injuries
                                                    the St. Johns River encompassed within                                                                         System for Evaluating Veterans for
                                                    an imaginary line connecting the                         AGENCY:    Department of Veterans Affairs.            Disability Benefits.’’ (Michael McGeary
                                                    following points: Starting at Point 1 in                 ACTION:   Proposed rule.                              et al. eds.2007).
                                                    position 30°13′41″ N.; 081°39′45″ W.,                                                                             The IOM report was notable in several
                                                    thence due east to Point 2 in position                   SUMMARY:  The Department of Veterans                  respects. The IOM observed that, in
                                                    30°13″41″ N.; 081°38′35″ W., thence                      Affairs (VA) proposes to revise the                   part, the Rating Schedule was
                                                    south to Point 3 in position 30°14′27″                   regulations that involve the                          inadequate in areas because it contained
                                                    N.; 081°38″35″ W., thence west to Point                  Musculoskeletal System within the VA                  obsolete information and did not


                                               VerDate Sep<11>2014   17:34 Jul 31, 2017   Jkt 241001   PO 00000   Frm 00031   Fmt 4702   Sfmt 4702   E:\FR\FM\01AUP1.SGM   01AUP1



Document Created: 2018-10-24 11:42:32
Document Modified: 2018-10-24 11:42:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before August 31, 2017.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Allan Storm, Sector Jacksonville, Chief, Waterways Management, U.S. Coast guard; telephone (904) 714-7616, email [email protected]
FR Citation82 FR 35717 
RIN Number1625-AA00

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR