83_FR_35586 83 FR 35442 - Safety Zone; Blue Angels Air Show; St. Johns River, Jacksonville, FL

83 FR 35442 - Safety Zone; Blue Angels Air Show; St. Johns River, Jacksonville, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 144 (July 26, 2018)

Page Range35442-35444
FR Document2018-15975

The Coast Guard proposes to establish a temporary safety zone on the waters of the St. Johns River in the 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. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 144 (Thursday, July 26, 2018)
[Federal Register Volume 83, Number 144 (Thursday, July 26, 2018)]
[Proposed Rules]
[Pages 35442-35444]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15975]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0232]
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 temporary safety zone 
on the waters of the St. Johns River in the 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. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 27, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0232--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 Junior Grade Emily Sysko, 
Chief,

[[Page 35443]]

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, Purpose, and Legal Basis

    On May 18, 2018, NAS Jacksonville submitted a marine event 
application to the Coast Guard for the Blue Angels Air Show that will 
take place from October 26, 2018 through October 28, 2018. 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 involved 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 daily from 8:00 a.m. 
until 5:00 p.m. on October 26, 2018 through October 28, 2018. 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 on 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

[[Page 35444]]

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 Directive 023-01 and Commandant Instruction M16475.1D, 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 lasting nine 
hours daily that would prohibit persons and vessels from entering an 
area of approximately one square mile. Normally such actions are 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. 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 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 website'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.T07-0232 to read as follows:


Sec.  165.T07-0232  Safety Zone; Blue Angels Air Show; St. Johns River, 
Jacksonville, FL.

    (a) Location. The following area is a safety zone: All waters of 
the St. Johns River, from surface to bottom, encompassed by a line 
connecting the following points beginning at 30[deg]13'41'' N; 
081[deg]39'45'' W, thence due east to, 30[deg]13'41'' N; 
081[deg]38'35'' W, thence south to 30[deg]14'27'' N; 081[deg]38'35'' W, 
thence west to 30[deg]14'27'' N; 081[deg]39'45'' W, and thence along 
the shore line back to the beginning point. These coordinates are based 
on North American Datum 1983.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Jacksonville (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. (1) 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 section will be enforced daily from 8 
a.m. until 5:00 p.m. on October 26, 2018 through October 28, 2018.

    Dated: July 19, 2018
T.C. Wiemers,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2018-15975 Filed 7-25-18; 8:45 am]
BILLING CODE 9110-04-P



                                                  35442                    Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules

                                                  affected conduct while promoting                         significant adverse effect on the supply,             continuous basis and republished on the
                                                  simplification and burden reduction; (4)                 distribution, or use of energy, and                   Department of Energy Strategic
                                                  specifies the retroactive effect, if any; (5)            therefore is not a significant energy                 Petroleum Reserve website. Notification
                                                  adequately defines key terms; and (6)                    action. The proposed rule would                       of revisions of the Standard Sales
                                                  addresses other important issues                         provide for the publication of DOE’s                  Provisions shall be made in the Federal
                                                  affecting clarity and general                            Standard Sales Provisions on the SPR                  Register and sent to existing registered
                                                  draftsmanship under any guidelines                       website. DOE concluded, as discussed                  users in the SPR sales system.
                                                  issued by the Attorney General. Section                  elsewhere in the preamble for this                      (c) Notification of applicable clauses.
                                                  3(c) of Executive Order 12988 requires                   proposed rule, that this proposed rule                The Notice of Sale will specify, by
                                                  Executive agencies to review regulations                 would encourage increased                             referencing the Department of Energy
                                                  in light of applicable standards in                      participation by the private sector in                Strategic Petroleum Reserve website,
                                                  section 3(a) and section 3(b) to                         future sales of petroleum from the SPR,               which contractual terms and conditions
                                                  determine whether they are met or it is                  by reducing the opportunity cost to                   and contractor financial and
                                                  unreasonable to meet one or more of                      participate in such sales. This increased             performance responsibility measures
                                                  them. DOE has completed the required                     participation would allow for greater                 contained or described therein are
                                                  review and determined that, to the                       diversity and competition in sales of                 applicable to that particular sale.
                                                  extent permitted by law, the proposed                    SPR petroleum from the SPR, including
                                                  rule meets the relevant standards of                                                                           Appendix A to Part 625 [Removed]
                                                                                                           increased participation by small entities
                                                  Executive Order 12988.                                   as well as larger industry participants.              ■   3. Appendix A to part 625 is removed.
                                                  J. Treasury and General Government                       This increased participation, however,                [FR Doc. 2018–15902 Filed 7–25–18; 8:45 am]
                                                  Appropriations Act, 2001                                 is not expected to have a significant                 BILLING CODE 6450–01–P
                                                                                                           adverse effect on the supply,
                                                     The Treasury and General                              distribution, or use of energy because
                                                  Government Appropriations Act, 2001                      increased participation in the bidding
                                                  (44 U.S.C. 3516 note) provides for                                                                             DEPARTMENT OF HOMELAND
                                                                                                           process does not change the quantity of               SECURITY
                                                  agencies to review most disseminations                   SPR petroleum offered or delivered.
                                                  of information to the public under                       Accordingly, DOE has not prepared a
                                                  guidelines established by each agency                                                                          Coast Guard
                                                                                                           Statement of Energy Effects.
                                                  pursuant to general guidelines issued by
                                                  OMB.                                                     IV. Approval of the Office of the                     33 CFR Part 165
                                                     OMB’s guidelines were published at                    Secretary                                             [Docket Number USCG–2018–0232]
                                                  67 FR 8452 (February 22, 2002), and                        The Secretary of Energy has approved                RIN 1625–AA00
                                                  DOE’s guidelines were published at 67                    the publication of this proposed rule.
                                                  FR 62446 (October 7, 2002). DOE has                                                                            Safety Zone; Blue Angels Air Show; St.
                                                  reviewed this proposed rule under the                    List of Subjects in 10 CFR Part 625
                                                                                                                                                                 Johns River, Jacksonville, FL
                                                  OMB and DOE guidelines and has                             Government contracts, Oil and gas
                                                  concluded that it is consistent with                     reserves, Strategic and critical materials.           AGENCY:   Coast Guard, DHS.
                                                  applicable policies in those guidelines.                                                                       ACTION:   Notice of proposed rulemaking.
                                                                                                             Signed in Washington, DC, on July 19,
                                                  K. Executive Order 13211                                 2018.
                                                                                                                                                                 SUMMARY:   The Coast Guard proposes to
                                                     Executive Order 13211, ‘‘Actions                      Steven E. Winberg,                                    establish a temporary safety zone on the
                                                  Concerning Regulations That                              Assistant Secretary, Office of Fossil Energy.         waters of the St. Johns River in the
                                                  Significantly Affect Energy Supply,                        For the reasons stated in the                       vicinity of Naval Air Station (NAS)
                                                  Distribution, or Use,’’ 66 FR 28355 (May                 preamble, DOE proposes to amend part                  Jacksonville, Florida during the Blue
                                                  22, 2001) requires Federal agencies to                   625, chapter II of title 10, Code of                  Angels Air Show. This proposed
                                                  prepare and submit to the OMB, a                         Federal Regulations as set forth below:               rulemaking would prohibit persons and
                                                  Statement of Energy Effects for any                                                                            vessels from being in the safety zone
                                                  proposed significant energy action. A                    PART 625—PRICE COMPETITIVE                            unless authorized by the Captain of the
                                                  ‘‘significant energy action’’ is defined as              SALE OF STRATEGIC PETROLEUM                           Port (COTP) Jacksonville or a designated
                                                  any action by an agency that                             RESERVE PETROLEUM                                     representative. We invite your
                                                  promulgated or is expected to lead to                                                                          comments on this proposed rulemaking.
                                                  promulgation of a final rule, and that:                  ■ 1. The authority citation for part 625
                                                                                                                                                                 DATES: Comments and related material
                                                  (1) Is a significant regulatory action                   continues to read as follows:
                                                                                                                                                                 must be received by the Coast Guard on
                                                  under Executive Order 12866, or any                        Authority: 15 U.S.C 761; 42 U.S.C. 7101;            or before August 27, 2018.
                                                  successor order; and (2) is likely to have               42 U.S.C. 6241.
                                                                                                                                                                 ADDRESSES: You may submit comments
                                                  a significant adverse effect on the                      ■ 2. Section 625.4 is revised to read as              identified by docket number USCG–
                                                  supply, distribution, or use of energy, or               follows:                                              2018–0232—using the Federal
                                                  (3) is designated by the Administrator of
                                                                                                                                                                 eRulemaking Portal at http://
                                                  OIRA as a significant energy action. For                 § 625.4 Publication of the Standard Sales
                                                                                                           Provisions.                                           www.regulations.gov. See the ‘‘Public
                                                  any proposed significant energy action,
                                                                                                             (a) Publication. The Standard Sales                 Participation and Request for
                                                  the agency must give a detailed
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                                                                                                           Provisions shall be published on the                  Comments’’ portion of the
                                                  statement of any adverse effects on
                                                                                                                                                                 SUPPLEMENTARY INFORMATION section for
                                                  energy supply, distribution, or use                      U.S. Department of Energy Strategic
                                                                                                           Petroleum Reserve website (https://                   further instructions on submitting
                                                  should the proposal be implemented,
                                                                                                           www.energy.gov/fe/services/petroleum-                 comments.
                                                  and of reasonable alternatives to the
                                                  action and their expected benefits on                    reserves/strategic-petroleum-reserve).                FOR FURTHER INFORMATION CONTACT:   If
                                                  energy supply, distribution, and use.                      (b) Revisions of the Standard Sales                 you have questions about this proposed
                                                     DOE has determined that this                          Provisions. The Standard Sales                        rulemaking, call or email Lieutenant
                                                  regulatory action would not have a                       Provisions shall be reviewed on a                     Junior Grade Emily Sysko, Chief,


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                                                                           Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules                                          35443

                                                  Waterways Management Division, U.S.                      Below we summarize our analyses                       qualifies and how and to what degree
                                                  Coast Guard; telephone 904–714–7616,                     based on a number of these statutes and               this rule would economically affect it.
                                                  email Emily.t.sysko@uscg.mil.                            Executive orders and we discuss First                    Under section 213(a) of the Small
                                                  SUPPLEMENTARY INFORMATION:                               Amendment rights of protestors.                       Business Regulatory Enforcement
                                                                                                                                                                 Fairness Act of 1996 (Pub. L. 104–121),
                                                  I. Table of Abbreviations                                A. Regulatory Planning and Review                     we want to assist small entities in
                                                  CFR Code of Federal Regulations                             Executive Orders 12866 and 13563                   understanding this proposed rule. If the
                                                  DHS Department of Homeland Security                      direct agencies to assess the costs and               rule would affect your small business,
                                                  FR Federal Register                                      benefits of available regulatory                      organization, or governmental
                                                  NPRM Notice of proposed rulemaking                       alternatives and, if regulation is                    jurisdiction and you have questions
                                                  § Section                                                necessary, to select regulatory                       concerning its provisions or options for
                                                  U.S.C. United States Code                                approaches that maximize net benefits.                compliance, please contact the person
                                                  II. Background, Purpose, and Legal                       Executive Order 13771 directs agencies                listed in the FOR FURTHER INFORMATION
                                                  Basis                                                    to control regulatory costs through a                 CONTACT section. The Coast Guard will
                                                                                                           budgeting process. This NPRM has not                  not retaliate against small entities that
                                                     On May 18, 2018, NAS Jacksonville                                                                           question or complain about this
                                                                                                           been designated a ‘‘significant
                                                  submitted a marine event application to                                                                        proposed rule or any policy or action of
                                                                                                           regulatory action,’’ under Executive
                                                  the Coast Guard for the Blue Angels Air                                                                        the Coast Guard.
                                                                                                           Order 12866. Accordingly, the NPRM
                                                  Show that will take place from October
                                                                                                           has not been reviewed by the Office of                C. Collection of Information
                                                  26, 2018 through October 28, 2018. The
                                                                                                           Management and Budget (OMB), and
                                                  air show will consist of various flight                                                                          This proposed rule would not call for
                                                                                                           pursuant to OMB guidance it is exempt
                                                  demonstrations over the St. Johns River                                                                        a new collection of information under
                                                                                                           from the requirements of Executive
                                                  in vicinity of NAS Jacksonville. Over                                                                          the Paperwork Reduction Act of 1995
                                                                                                           Order 13771.
                                                  the years, there have been unfortunate                                                                         (44 U.S.C. 3501–3520).
                                                  instances of aircraft mishaps that                          This regulatory action determination
                                                  involved crashing during performances                    is based on the size, location, duration,             D. Federalism and Indian Tribal
                                                  at various air shows around the world.                   and time-of-day of the safety zone.                   Governments
                                                  Occasionally, these incidents result in a                Vessel traffic would be able to safely                   A rule has implications for federalism
                                                  wide area of scattered debris in the                     transit around this safety zone which                 under Executive Order 13132,
                                                  water that can damage property or cause                  would impact a small designated area of               Federalism, if it has a substantial direct
                                                  significant injury or death to the public                the St. Johns River for nine hours on                 effect on the States, on the relationship
                                                  observing the air shows. The Captain of                  each of the three days the air show is                between the national government and
                                                  the Port (COTP) Jacksonville has                         occurring. Moreover, the Coast Guard                  the States, or on the distribution of
                                                  determined that a safety zone is                         would issue a Broadcast Notice to                     power and responsibilities among the
                                                  necessary to protect the general public                  Mariners via VHF–FM marine channel                    various levels of government. We have
                                                  from hazards associated with aerial                      16 about the zone, and the rule would                 analyzed this proposed rule under that
                                                  flight demonstrations.                                   allow vessels to seek permission to enter             Order and have determined that it is
                                                     The purpose of the rulemaking is to                   the zone.                                             consistent with the fundamental
                                                  ensure the safety of vessels and persons                 B. Impact on Small Entities                           federalism principles and preemption
                                                  during the air show on the navigable                                                                           requirements described in Executive
                                                  waters of the St. Johns River in vicinity                   The Regulatory Flexibility Act of                  Order 13132.
                                                  of NAS Jacksonville, Florida. The Coast                  1980, 5 U.S.C. 601–612, as amended,                      Also, this proposed rule does not have
                                                  Guard proposes this rulemaking under                     requires Federal agencies to consider                 tribal implications under Executive
                                                  authority in 33 U.S.C. 1231.                             the potential impact of regulations on                Order 13175, Consultation and
                                                                                                           small entities during rulemaking. The                 Coordination with Indian Tribal
                                                  III. Discussion of Proposed Rule                         term ‘‘small entities’’ comprises small               Governments, because it would not have
                                                     The COTP proposes to establish a                      businesses, not-for-profit organizations              a substantial direct effect on one or
                                                  safety zone daily from 8:00 a.m. until                   that are independently owned and                      more Indian tribes, on the relationship
                                                  5:00 p.m. on October 26, 2018 through                    operated and are not dominant in their                between the Federal Government and
                                                  October 28, 2018. The safety zone will                   fields, and governmental jurisdictions                Indian tribes, or on the distribution of
                                                  encompass all waters within an area                      with populations of less than 50,000.                 power and responsibilities between the
                                                  approximately three quarters of a mile                   The Coast Guard certifies under 5 U.S.C.              Federal Government and Indian tribes.
                                                  parallel to the shoreline, and one mile                  605(b) that this proposed rule would not              If you believe this proposed rule has
                                                  out into the St. Johns River in                          have a significant economic impact on                 implications for federalism or Indian
                                                  Jacksonville, FL. The duration of the                    a substantial number of small entities.               tribes, please contact the person listed
                                                  zone is intended to ensure the safety of                    While some owners or operators of                  in the FOR FURTHER INFORMATION
                                                  the public on these navigable waters                     vessels intending to transit the safety               CONTACT section.
                                                  during the aerial flight demonstrations.                 zone may be small entities, for the
                                                  No vessel or person would be permitted                   reasons stated in section IV.A above,                 E. Unfunded Mandates Reform Act
                                                  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
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                                                  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


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                                                  35444                    Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules

                                                  proposed rule would not result in such                   CONTACT section of this document for                  remaining within the regulated area
                                                  an expenditure, we do discuss the                        alternate instructions.                               unless authorized by the Captain of the
                                                  effects of this rule elsewhere in this                      We accept anonymous comments. All                  Port Jacksonville or a designated
                                                  preamble.                                                comments received will be posted                      representative.
                                                                                                           without change to http://                               (2) Persons and vessels desiring to
                                                  F. Environment
                                                                                                           www.regulations.gov and will include                  enter, transit through, anchor in, or
                                                    We have analyzed this proposed rule                    any personal information you have                     remain within the regulated area may
                                                  under Department of Homeland                             provided. For more about privacy and                  contact the Captain of the Port
                                                  Security Directive 023–01 and                            the docket, visit http://                             Jacksonville by telephone at (904) 714–
                                                  Commandant Instruction M16475.1D,                        www.regulations.gov/privacyNotice.                    7557, or a designated representative via
                                                  which guide the Coast Guard in                              Documents mentioned in this NPRM                   VHF–FM radio on channel 16, to
                                                  complying with the National                              as being available in the docket, and all             request authorization. If authorization is
                                                  Environmental Policy Act of 1969 (42                     public comments, will be in our online                granted, all persons and vessels
                                                  U.S.C. 4321–4370f), and have made a                      docket at http://www.regulations.gov                  receiving such authorization must
                                                  preliminary determination that this                      and can be viewed by following that                   comply with the instructions of the
                                                  action is one of a category of actions that              website’s instructions. Additionally, if              COTP Jacksonville or a designated
                                                  do not individually or cumulatively                      you go to the online docket and sign up               representative
                                                  have a significant effect on the human                   for email alerts, you will be notified                  (3) The Coast Guard will provide
                                                  environment. This proposed rule                          when comments are posted or a final                   notice of the regulated area through
                                                  involves a safety zone lasting nine hours                rule is published.                                    Broadcast Notice to Mariners via VHF–
                                                  daily that would prohibit persons and                                                                          FM channel 16 or by on-scene
                                                  vessels from entering an area of                         List of Subjects in 33 CFR Part 165
                                                                                                                                                                 designated representatives.
                                                  approximately one square mile.                             Harbors, Marine safety, Navigation                    (d) Enforcement period. This section
                                                  Normally such actions are categorically                  (water), Reporting and recordkeeping                  will be enforced daily from 8 a.m. until
                                                  excluded from further review under                       requirements, Security measures,                      5:00 p.m. on October 26, 2018 through
                                                  paragraph L60(a) of Appendix A, Table                    Waterways.                                            October 28, 2018.
                                                  1 of DHS Instruction Manual 023–01–                        For the reasons discussed in the
                                                  001–01, Rev. 01. A preliminary Record                                                                            Dated: July 19, 2018
                                                                                                           preamble, the Coast Guard proposes to
                                                  of Environmental Consideration                                                                                 T.C. Wiemers,
                                                                                                           amend 33 CFR part 165 as follows:
                                                  supporting this determination is                                                                               Captain, U.S. Coast Guard, Captain of the
                                                  available in the docket where indicated                  PART 165—REGULATED NAVIGATION                         Port Jacksonville.
                                                  under ADDRESSES. We seek any                             AREAS AND LIMITED ACCESS AREAS                        [FR Doc. 2018–15975 Filed 7–25–18; 8:45 am]
                                                  comments or information that may lead                                                                          BILLING CODE 9110–04–P
                                                  to the discovery of a significant                        ■ 1. The authority citation for part 165
                                                  environmental impact from this                           continues to read as follows:
                                                  proposed rule.                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           ENVIRONMENTAL PROTECTION
                                                                                                           33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;              AGENCY
                                                  G. Protest Activities                                    Department of Homeland Security Delegation
                                                    The Coast Guard respects the First                     No. 0170.1.                                           40 CFR Part 52
                                                  Amendment rights of protesters.                          ■ 2. Add § 165.T07–0232 to read as                    [EPA–R04–OAR–2018–0020; FRL–9981–
                                                  Protesters are asked to contact the                      follows:                                              24—Region 4]
                                                  person listed in the FOR FURTHER
                                                  INFORMATION CONTACT section to                           § 165.T07–0232 Safety Zone; Blue Angels
                                                                                                                                                                 Air Plan Approval; NC: Inspection and
                                                  coordinate protest activities so that your               Air Show; St. Johns River, Jacksonville, FL.
                                                                                                                                                                 Maintenance Program
                                                  message can be received without                             (a) Location. The following area is a
                                                  jeopardizing the safety or security of                   safety zone: All waters of the St. Johns              AGENCY:  Environmental Protection
                                                  people, places, or vessels.                              River, from surface to bottom,                        Agency (EPA).
                                                                                                           encompassed by a line connecting the                  ACTION: Proposed rule.
                                                  V. Public Participation and Request for                  following points beginning at 30°13′41″
                                                  Comments                                                 N; 081°39′45″ W, thence due east to,                  SUMMARY:   The Environmental Protection
                                                    We view public participation as                        30°13′41″ N; 081°38′35″ W, thence south               Agency (EPA) is proposing to approve a
                                                  essential to effective rulemaking, and                   to 30°14′27″ N; 081°38′35″ W, thence                  State Implementation Plan (SIP)
                                                  will consider all comments and material                  west to 30°14′27″ N; 081°39′45″ W, and                revision submitted by the State of North
                                                  received during the comment period.                      thence along the shore line back to the               Carolina on November 17, 2017, through
                                                  Your comment can help shape the                          beginning point. These coordinates are                the North Carolina Department of
                                                  outcome of this rulemaking. If you                       based on North American Datum 1983.                   Environmental Quality (DEQ), Division
                                                  submit a comment, please include the                        (b) Definitions. As used in this                   of Air Quality (DAQ), for the purpose of
                                                  docket number for this rulemaking,                       section, designated representative                    removing 26 counties from North
                                                  indicate the specific section of this                    means a Coast Guard Patrol                            Carolina’s expanded inspection and
                                                  document to which each comment                           Commander, including a Coast Guard                    maintenance (I/M) program, which was
                                                  applies, and provide a reason for each                   coxswain, petty officer, or other officer             previously approved into the SIP for use
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  suggestion or recommendation.                            operating a Coast Guard vessel and a                  as a component of the State’s Nitrogen
                                                    We encourage you to submit                             Federal, State, and local officer                     Oxides (NOX) Budget and Allowance
                                                  comments through the Federal                             designated by or assisting the Captain of             Trading Program. EPA has evaluated
                                                  eRulemaking Portal at http://                            the Port Jacksonville (COTP) in the                   whether this SIP revision would
                                                  www.regulations.gov. If your material                    enforcement of the safety zone.                       interfere with the requirements of the
                                                  cannot be submitted using http://                           (c) Regulations. (1) All persons and               Clean Air Act (CAA or Act), including
                                                  www.regulations.gov, contact the person                  vessels are prohibited from entering,                 EPA regulations related to statewide
                                                  in the FOR FURTHER INFORMATION                           transiting through, anchoring in, or                  NOX emissions budgets. EPA is


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Document Created: 2018-11-06 10:26:47
Document Modified: 2018-11-06 10:26:47
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 27, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Junior Grade Emily Sysko, Chief, Waterways Management Division, U.S. Coast Guard; telephone 904-714- 7616, email [email protected]
FR Citation83 FR 35442 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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