82_FR_46178 82 FR 45988 - Safety Zone, Blue Angels Air Show; St. Johns River, Jacksonville, FL

82 FR 45988 - Safety Zone, Blue Angels Air Show; St. Johns River, Jacksonville, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 190 (October 3, 2017)

Page Range45988-45990
FR Document2017-21196

The Coast Guard is establishing 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 rulemaking prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port (COTP) Jacksonville or a designated representative.

Federal Register, Volume 82 Issue 190 (Tuesday, October 3, 2017)
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45988-45990]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21196]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0577]
RIN 1625-AA11


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing 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 rulemaking 
prohibits persons and vessels from being in the safety zone unless 
authorized by the Captain of the Port (COTP) Jacksonville or a 
designated representative.

DATES: This rule is effective from 8 a.m. on November 3, 2017 through 5 
p.m. on November 5, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0577 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

[[Page 45989]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Allan Storm, Sector Jacksonville, Chief, 
Waterways Management Division, 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 Information and Regulatory History

    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. In 
response, on August 1, 2017, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zone, Blue Angels Air Show; 
St. Johns River, Jacksonville, FL (82 FR 35717). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to this air show. During the comment period that ended August 
31, 2017, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Jacksonville has determined that potential hazards 
associated with aerial flight demonstrations will be a safety concern 
for members of the public observing the event from the water. The 
purpose of the rule is to ensure the safety of vessels and persons on 
the navigable waters of the St. Johns River in vicinity of NAS 
Jacksonville, Florida.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
August 1, 2017. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a safety zone, from 8 a.m. to 5 p.m. on 
November 3, 2017 through November 5, 2017, on the waters of the St. 
Johns River in vicinity of NAS Jacksonville, Florida during the Blue 
Angels Air Show. 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 zone is intended to ensure the safety of the public and 
these navigable waters during the aerial flight demonstrations. No 
vessel or person is permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. The 
Coast Guard will provide notice of the regulated area by Local Notice 
to Mariners, Broadcast Notice to Mariners, and 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 45990]]

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone that would prohibit persons and vessels 
from transiting through a one square mile regulated area during a three 
day air show lasting nine hours daily. It is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION 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: September 28, 2017.
Todd C. Wiemers,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2017-21196 Filed 10-2-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                45988             Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations

                                                Federalism, if it has a substantial direct              G. Protest Activities                                 North Carolina’s designated
                                                effect on the States, on the relationship                 The Coast Guard respects the First                  representative. All vessels within this
                                                between the national government and                     Amendment rights of protesters.                       safety zone when this section becomes
                                                the States, or on the distribution of                   Protesters are asked to contact the                   effective must depart the zone
                                                power and responsibilities among the                    person listed in the FOR FURTHER                      immediately.
                                                various levels of government. We have                   INFORMATION CONTACT section to
                                                                                                                                                                 (3) To request permission to remain
                                                analyzed this rule under that Order and                 coordinate protest activities so that your            in, enter, or transit through the safety
                                                have determined that it is consistent                   message can be received without                       zone, contact the COTP North Carolina
                                                with the fundamental federalism                         jeopardizing the safety or security of                or the COTP North Carolina’s
                                                principles and preemption requirements                  people, places or vessels.                            representative through the Coast Guard
                                                described in Executive Order 13132.                                                                           Sector North Carolina Command Duty
                                                   Also, this rule does not have tribal                 List of Subjects in 33 CFR Part 165                   Officer, Wilmington, North Carolina, at
                                                implications under Executive Order                        Harbors, Marine safety, Navigation                  telephone number 910–343–3882 or on
                                                13175, Consultation and Coordination                    (water), Reporting and recordkeeping                  VHF–FM marine band radio channel 13
                                                with Indian Tribal Governments,                         requirements, Security measures,                      (165.65 MHz) or channel 16 (156.8
                                                because it does not have a substantial                  Waterways.                                            MHz).
                                                direct effect on one or more Indian                       For the reasons discussed in the                       (d) Enforcement. The U.S. Coast
                                                tribes, on the relationship between the                 preamble, the Coast Guard amends 33                   Guard may be assisted in the patrol and
                                                Federal Government and Indian tribes,                   CFR part 165 as follows:                              enforcement of the safety zone by
                                                or on the distribution of power and                                                                           Federal, State, and local agencies.
                                                responsibilities between the Federal                    PART 165—REGULATED NAVIGATION                            (e) Enforcement period. This section
                                                Government and Indian tribes. If you                    AREAS AND LIMITED ACCESS AREAS                        will be enforced from 11 a.m. through
                                                believe this rule has implications for                                                                        6 p.m. daily on October 7 and October
                                                federalism or Indian tribes, please                     ■ 1. The authority citation for part 165              8, 2017.
                                                contact the person listed in the FOR                    continues to read as follows:                           Dated: September 27, 2017.
                                                FURTHER INFORMATION CONTACT section                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Bion B. Stewart,
                                                above.                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Captain, U.S. Coast Guard, Captain of the
                                                                                                        Department of Homeland Security Delegation            Port, North Carolina.
                                                E. Unfunded Mandates Reform Act                         No. 0170.1.
                                                                                                                                                              [FR Doc. 2017–21100 Filed 10–2–17; 8:45 am]
                                                  The Unfunded Mandates Reform Act                      ■ 2. Add § 165.T05–0886 to read as
                                                                                                                                                              BILLING CODE 9110–04–P
                                                of 1995 (2 U.S.C. 1531–1538) requires                   follows:
                                                Federal agencies to assess the effects of               § 165.T05–0886 Safety Zone, Roanoke
                                                their discretionary regulatory actions. In              River Plymouth, NC.                                   DEPARTMENT OF HOMELAND
                                                particular, the Act addresses actions                      (a) Location. The following area is a              SECURITY
                                                that may result in the expenditure by a                 safety zone: All navigable from
                                                State, local, or tribal government, in the              approximate positions: Latitude                       Coast Guard
                                                aggregate, or by the private sector of                  35°52′25″ N., longitude 076°44′33″ W.,
                                                $100,000,000 (adjusted for inflation) or                then northwest to latitude 35°52′29″ N.,              33 CFR Part 165
                                                more in any one year. Though this rule                  longitude 076°44′37″ W., then                         [Docket Number USCG–2017–0577]
                                                will not result in such an expenditure,                 southwest along the shoreline to
                                                we do discuss the effects of this rule                                                                        RIN 1625–AA11
                                                                                                        latitude 35°52′00″ N., longitude
                                                elsewhere in this preamble.                             076°45′31″ W., then south to latitude                 Safety Zone, Blue Angels Air Show; St.
                                                F. Environment                                          35°51′56″ N., longitude 076°45′30″ W.                 Johns River, Jacksonville, FL
                                                                                                        (WGS 84), then northeast along the
                                                  We have analyzed this rule under                      shoreline to the point of origin, on the              AGENCY:    Coast Guard, DHS.
                                                Department of Homeland Security                         Roanoke River, Plymouth, North                        ACTION:   Temporary final rule.
                                                Management Directive 023–01 and                         Carolina.
                                                Commandant Instruction M16475.lD,                          (b) Definitions. As used in this                   SUMMARY:    The Coast Guard is
                                                which guide the Coast Guard in                          section, ‘‘designated representative’’                establishing a safety zone on the waters
                                                complying with the National                             means a Coast Guard Patrol                            of the St. Johns River in vicinity of
                                                Environmental Policy Act of 1969 (42                    Commander, that includes a Coast                      Naval Air Station (NAS) Jacksonville,
                                                U.S.C. 4321–4370f), and have                            Guard commissioned, warrant or petty                  Florida during the Blue Angels Air
                                                determined that this action is one of a                 officer designated by the Captain of the              Show. This rulemaking prohibits
                                                category of actions that do not                         Port North Carolina (COTP) for the                    persons and vessels from being in the
                                                individually or cumulatively have a                     enforcement of the safety zone. ‘‘Captain             safety zone unless authorized by the
                                                significant effect on the human                         of the Port’’ means the Commander,                    Captain of the Port (COTP) Jacksonville
                                                environment. This rule involves a safety                Coast Guard Sector North Carolina.                    or a designated representative.
                                                zone lasting 7 hours per day on two                     ‘‘Participants’’ means persons and                    DATES: This rule is effective from 8 a.m.
                                                consecutive days that prohibits entry                   vessels involved in the high speed boat               on November 3, 2017 through 5 p.m. on
                                                into a portion of Roanoke River,                        race.                                                 November 5, 2017.
                                                Plymouth, NC. It is categorically                          (c) Regulations. (1) The general                   ADDRESSES: To view documents
jstallworth on DSKBBY8HB2PROD with RULES




                                                excluded from further review under                      regulations governing safety zones in                 mentioned in this preamble as being
                                                paragraph 34(g) of Figure 2–1 of                        § 165.23 apply to the area described in               available in the docket, go to http://
                                                Commandant Instruction M16475.lD. A                     paragraph (a) of this section.                        www.regulations.gov, type USCG–2017–
                                                Record of Environmental Consideration                      (2) With the exception of participants,            0577 in the ‘‘SEARCH’’ box and click
                                                supporting this determination is                        entry into or remaining in this safety                ‘‘SEARCH.’’ Click on Open Docket
                                                available in the docket where indicated                 zone is prohibited unless authorized by               Folder on the line associated with this
                                                under ADDRESSES.                                        the COTP North Carolina or the COTP                   rule.


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                                                                  Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations                                       45989

                                                FOR FURTHER INFORMATION CONTACT:     If                 IV. Discussion of Comments, Changes,                  Mariners via VHF–FM marine channel
                                                you have questions on this rule, call or                and the Rule                                          16 about the zone, and the rule would
                                                email Lieutenant Allan Storm, Sector                      As noted above, we received no                      allow vessels to seek permission to enter
                                                Jacksonville, Chief, Waterways                          comments on our NPRM published                        the zone.
                                                Management Division, U.S. Coast                         August 1, 2017. There are no changes in               B. Impact on Small Entities
                                                Guard; telephone (904) 714–7616, email                  the regulatory text of this rule from the
                                                Allan.H.Storm@uscg.mil.                                 proposed rule in the NPRM.                               The Regulatory Flexibility Act of
                                                                                                          This rule establishes a safety zone,                1980, 5 U.S.C. 601–612, as amended,
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        from 8 a.m. to 5 p.m. on November 3,                  requires Federal agencies to consider
                                                I. Table of Abbreviations                               2017 through November 5, 2017, on the                 the potential impact of regulations on
                                                                                                        waters of the St. Johns River in vicinity             small entities during rulemaking. The
                                                CFR Code of Federal Regulations                         of NAS Jacksonville, Florida during the               term ‘‘small entities’’ comprises small
                                                DHS Department of Homeland Security                     Blue Angels Air Show. The safety zone                 businesses, not-for-profit organizations
                                                FR Federal Register                                     will encompass all waters within an                   that are independently owned and
                                                NPRM Notice of proposed rulemaking                      area approximately three quarters of a                operated and are not dominant in their
                                                § Section                                               mile parallel to the shoreline, and one               fields, and governmental jurisdictions
                                                U.S.C. United States Code                               mile out into the St. Johns River in                  with populations of less than 50,000.
                                                                                                        Jacksonville, FL. The duration of the                 The Coast Guard received no comments
                                                II. Background Information and                          zone is intended to ensure the safety of              from the Small Business Administration
                                                Regulatory History                                      the public and these navigable waters                 on this rulemaking. The Coast Guard
                                                                                                        during the aerial flight demonstrations.              certifies under 5 U.S.C. 605(b) that this
                                                   On April 25, 2017, NAS Jacksonville                                                                        rule will not have a significant
                                                submitted a marine event application to                 No vessel or person is permitted to enter
                                                                                                        the safety zone without obtaining                     economic impact on a substantial
                                                the Coast Guard for the Blue Angels Air                                                                       number of small entities.
                                                                                                        permission from the COTP or a
                                                Show that will take place from
                                                                                                        designated representative. The Coast                     While some owners or operators of
                                                November 3, 2017 through November 5,
                                                                                                        Guard will provide notice of the                      vessels intending to transit the safety
                                                2017. The air show will consist of                      regulated area by Local Notice to                     zone may be small entities, for the
                                                various flight demonstrations over the                  Mariners, Broadcast Notice to Mariners,               reasons stated in section V.A above, this
                                                St. Johns River in vicinity of NAS                      and on-scene designated                               rule will not have a significant
                                                Jacksonville. Over the years, there have                representatives.                                      economic impact on any vessel owner
                                                been unfortunate instances of aircraft                                                                        or operator.
                                                mishaps that involve crashing during                    V. Regulatory Analyses
                                                performances at various air shows                                                                                Under section 213(a) of the Small
                                                                                                          We developed this rule after                        Business Regulatory Enforcement
                                                around the world. Occasionally, these                   considering numerous statutes and                     Fairness Act of 1996 (Pub. L. 104–121),
                                                incidents result in a wide area of                      Executive orders related to rulemaking.               we want to assist small entities in
                                                scattered debris in the water that can                  Below we summarize our analyses                       understanding this rule. If the rule
                                                damage property or cause significant                    based on a number of these statutes and               would affect your small business,
                                                injury or death to the public observing                 Executive orders, and we discuss First                organization, or governmental
                                                the air shows. The Captain of the Port                  Amendment rights of protestors.                       jurisdiction and you have questions
                                                (COTP) Jacksonville has determined that                                                                       concerning its provisions or options for
                                                                                                        A. Regulatory Planning and Review
                                                a safety zone is necessary to protect the                                                                     compliance, please contact the person
                                                general public from hazards associated                     Executive Orders 12866 and 13563
                                                                                                                                                              listed in the FOR FURTHER INFORMATION
                                                with aerial flight demonstrations. In                   direct agencies to assess the costs and
                                                                                                                                                              CONTACT section.
                                                response, on August 1, 2017, the Coast                  benefits of available regulatory
                                                                                                        alternatives and, if regulation is                       Small businesses may send comments
                                                Guard published a notice of proposed
                                                                                                        necessary, to select regulatory                       on the actions of Federal employees
                                                rulemaking (NPRM) titled Safety Zone,
                                                                                                        approaches that maximize net benefits.                who enforce, or otherwise determine
                                                Blue Angels Air Show; St. Johns River,
                                                                                                        Executive Order 13771 directs agencies                compliance with, Federal regulations to
                                                Jacksonville, FL (82 FR 35717). There
                                                                                                        to control regulatory costs through a                 the Small Business and Agriculture
                                                we stated why we issued the NPRM,                                                                             Regulatory Enforcement Ombudsman
                                                and invited comments on our proposed                    budgeting process. This rule has not
                                                                                                        been designated a ‘‘significant                       and the Regional Small Business
                                                regulatory action related to this air                                                                         Regulatory Fairness Boards. The
                                                                                                        regulatory action,’’ under Executive
                                                show. During the comment period that                                                                          Ombudsman evaluates these actions
                                                                                                        Order 12866. Accordingly, this rule has
                                                ended August 31, 2017, we received no                                                                         annually and rates each agency’s
                                                                                                        not been reviewed by the Office of
                                                comments.                                                                                                     responsiveness to small business. If you
                                                                                                        Management and Budget (OMB), and
                                                III. Legal Authority and Need for Rule                  pursuant to OMB guidance it is exempt                 wish to comment on actions by
                                                                                                        from the requirements of Executive                    employees of the Coast Guard, call 1–
                                                   The Coast Guard is issuing this rule                 Order 13771.                                          888–REG–FAIR (1–888–734–3247). The
                                                under authority in 33 U.S.C. 1231. The                     This regulatory action determination               Coast Guard will not retaliate against
                                                COTP Jacksonville has determined that                   is based on the size, location, duration,             small entities that question or complain
                                                potential hazards associated with aerial                and time-of-day of the safety zone.                   about this rule or any policy or action
jstallworth on DSKBBY8HB2PROD with RULES




                                                flight demonstrations will be a safety                  Vessel traffic would be able to safely                of the Coast Guard.
                                                concern for members of the public                       transit around this safety zone which                 C. Collection of Information
                                                observing the event from the water. The                 would impact a small designated area of
                                                purpose of the rule is to ensure the                    the St. Johns River for nine hours on                   This rule will not call for a new
                                                safety of vessels and persons on the                    each of the three days the air show is                collection of information under the
                                                navigable waters of the St. Johns River                 occurring. Moreover, the Coast Guard                  Paperwork Reduction Act of 1995 (44
                                                in vicinity of NAS Jacksonville, Florida.               would issue a Broadcast Notice to                     U.S.C. 3501–3520).


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                                                45990             Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations

                                                D. Federalism and Indian Tribal                         Consideration supporting this                         Port Jacksonville or a designated
                                                Governments                                             determination is available in the docket              representative.
                                                                                                        where indicated under ADDRESSES.                        (2) Persons and vessels desiring to
                                                   A rule has implications for federalism
                                                                                                                                                              enter, transit through, anchor in, or
                                                under Executive Order 13132,                            G. Protest Activities                                 remain within the regulated area may
                                                Federalism, if it has a substantial direct
                                                                                                          The Coast Guard respects the First                  contact the Captain of the Port
                                                effect on the States, on the relationship
                                                                                                        Amendment rights of protesters.                       Jacksonville by telephone at (904) 714–
                                                between the national government and
                                                                                                        Protesters are asked to contact the                   7557, or a designated representative via
                                                the States, or on the distribution of
                                                                                                        person listed in the FOR FURTHER                      VHF–FM radio on channel 16, to
                                                power and responsibilities among the
                                                                                                        INFORMATION CONTACT section to                        request authorization. If authorization is
                                                various levels of government. We have
                                                                                                        coordinate protest activities so that your            granted, all persons and vessels
                                                analyzed this rule under that Order and
                                                                                                        message can be received without                       receiving such authorization must
                                                have determined that it is consistent
                                                                                                        jeopardizing the safety or security of                comply with the instructions of the
                                                with the fundamental federalism
                                                                                                        people, places or vessels.                            COTP Jacksonville or a designated
                                                principles and preemption requirements
                                                                                                                                                              representative.
                                                described in Executive Order 13132.                     List of Subjects in 33 CFR Part 165                     (3) The Coast Guard will provide
                                                   Also, this rule does not have tribal                                                                       notice of the regulated area through
                                                implications under Executive Order                        Harbors, Marine safety, Navigation
                                                                                                        (water), Reporting and recordkeeping                  Broadcast Notice to Mariners via VHF–
                                                13175, Consultation and Coordination                                                                          FM channel 16 or by on-scene
                                                with Indian Tribal Governments,                         requirements, Security measures,
                                                                                                        Waterways.                                            designated representatives.
                                                because it does not have a substantial                                                                          (d) Enforcement period. This rule will
                                                direct effect on one or more Indian                       For the reasons discussed in the
                                                                                                                                                              be enforced daily from 8 a.m. until 5
                                                tribes, on the relationship between the                 preamble, the Coast Guard amends 33
                                                                                                                                                              p.m. from November 3, 2017 through
                                                Federal Government and Indian tribes,                   CFR part 165 as follows:
                                                                                                                                                              November 5, 2017.
                                                or on the distribution of power and
                                                responsibilities between the Federal                    PART 165—REGULATED NAVIGATION                           Dated: September 28, 2017.
                                                Government and Indian tribes. If you                    AREAS AND LIMITED ACCESS AREAS                        Todd C. Wiemers,
                                                believe this rule has implications for                                                                        Captain, U.S. Coast Guard, Captain of the
                                                federalism or Indian tribes, please                     ■ 1. The authority citation for part 165              Port Jacksonville.
                                                contact the person listed in the FOR                    continues to read as follows:                         [FR Doc. 2017–21196 Filed 10–2–17; 8:45 am]
                                                FURTHER INFORMATION CONTACT section.                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           BILLING CODE 9110–04–P
                                                                                                        33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;
                                                E. Unfunded Mandates Reform Act                         Department of Homeland Security Delegation
                                                  The Unfunded Mandates Reform Act                      No. 0170.1.
                                                                                                                                                              ENVIRONMENTAL PROTECTION
                                                of 1995 (2 U.S.C. 1531–1538) requires                   ■ 2. Add § 165.T07–0577 to read as                    AGENCY
                                                Federal agencies to assess the effects of               follows:
                                                their discretionary regulatory actions. In                                                                    40 CFR Parts 9 and 721
                                                                                                        § 165.T07–0577 Safety Zone, Blue Angels
                                                particular, the Act addresses actions                   Air Show; St. Johns River, Jacksonville, FL.          [EPA–HQ–OPPT–2016–0207; FRL–9966–84]
                                                that may result in the expenditure by a
                                                State, local, or tribal government, in the                 (a) Regulated area. The following area             RIN 2070–AB27
                                                aggregate, or by the private sector of                  is a safety zone located on the St. Johns
                                                $100,000,000 (adjusted for inflation) or                River in Jacksonville, FL. All waters of              Significant New Use Rule on Certain
                                                more in any one year. Though this rule                  the St. Johns River encompassed within                Chemical Substances
                                                will not result in such an expenditure,                 an imaginary line connecting the                      AGENCY:  Environmental Protection
                                                we do discuss the effects of this rule                  following points: Starting at Point 1 in              Agency (EPA).
                                                elsewhere in this preamble.                             position 30°13′41″ N.; 081°39′45″ W.
                                                                                                                                                              ACTION: Final rule.
                                                                                                        thence due east to Point 2 in position
                                                F. Environment                                          30°13″41″ N.; 081°38′35″ W. thence                    SUMMARY:    EPA is finalizing a significant
                                                  We have analyzed this rule under                      south to Point 3 in position 30°14′27″                new use rule (SNUR) under section
                                                Department of Homeland Security                         N.; 081°38′35″ W. thence west to Point                5(a)(2) of the Toxic Substances Control
                                                Management Directive 023–01 and                         4 in position 30°14′27″ N.; 081°39′45″                Act (TSCA) for the chemical substance
                                                Commandant Instruction M16475.lD,                       W. thence following the shoreline north               identified generically as bimodal
                                                which guide the Coast Guard in                          back to the point of origin. These                    mixture consisting of multi-walled
                                                complying with the National                             coordinates are based on North                        carbon nanotubes and other classes of
                                                Environmental Policy Act of 1969 (42                    American Datum 1983.                                  carbon nanotubes, which was the
                                                U.S.C. 4321–4370f), and have                               (b) Definition. The term ‘‘designated              subject of premanufacture notice (PMN)
                                                determined that this action is one of a                 representative’’ means Coast Guard                    P–11–482. This action requires persons
                                                category of actions that do not                         Patrol Commanders, including Coast                    who intend to manufacture (defined by
                                                individually or cumulatively have a                     Guard coxswains, petty officers, and                  statute to include import) or process the
                                                significant effect on the human                         other officers operating Coast Guard                  chemical substance for a use that is
                                                environment. This rule involves a safety                vessels, and Federal, state, and local                designated as a significant new use by
                                                zone that would prohibit persons and                    officers designated by or assisting the               this final rule to notify EPA at least 90
jstallworth on DSKBBY8HB2PROD with RULES




                                                vessels from transiting through a one                   Captain of the Port Jacksonville in the               days before commencing that activity.
                                                square mile regulated area during a                     enforcement of the regulated area.                    The required notification initiates EPA’s
                                                three day air show lasting nine hours                      (c) Regulations. (1) All persons and               evaluation of the intended use within
                                                daily. It is categorically excluded from                vessels are prohibited from entering,                 the applicable review period.
                                                further review under paragraph 34(g) of                 transiting through, anchoring in, or                  Manufacture and processing for the
                                                Figure 2–1 of the Commandant                            remaining within the regulated area                   significant new use is unable to
                                                Instruction. A Record of Environmental                  unless authorized by the Captain of the               commence until EPA has conducted a


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Document Created: 2017-10-03 01:01:06
Document Modified: 2017-10-03 01:01:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8 a.m. on November 3, 2017 through 5 p.m. on November 5, 2017.
ContactIf you have questions on this rule, call or email Lieutenant Allan Storm, Sector Jacksonville, Chief, Waterways Management Division, U.S. Coast Guard; telephone (904) 714- 7616, email [email protected]
FR Citation82 FR 45988 
RIN Number1625-AA11
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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