83_FR_52521 83 FR 52320 - Safety Zone; Blue Angels Air Show; St. Johns River, Jacksonville, FL

83 FR 52320 - Safety Zone; Blue Angels Air Show; St. Johns River, Jacksonville, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 201 (October 17, 2018)

Page Range52320-52322
FR Document2018-22519

The Coast Guard is establishing 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 rulemaking prohibits persons and vessels from entering, transiting through, remaining within, or anchoring in the safety zone unless authorized by the Captain of the Port (COTP) Jacksonville or a designated representative.

Federal Register, Volume 83 Issue 201 (Wednesday, October 17, 2018)
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Rules and Regulations]
[Pages 52320-52322]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22519]


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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: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing 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 
rulemaking prohibits persons and vessels from entering, transiting 
through, remaining within, or anchoring 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 October 26, 2018 until 5 
p.m. on October 28, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0232 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Emily Sysko, Chief, Waterways 
Management Division, U.S. Coast Guard; telephone 904-714-7616, email 
Emily.T.Sysko@uscg.mil.

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 May 18, 2018, NAS Jacksonville submitted a marine event 
application to the Coast Guard for the Blue Angels Air Show that will 
take place daily 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 and crashes 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.
    On July 26, 2018, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Safety Zone; Blue Angels Air Show; St. Johns 
River, Jacksonville, FL'' (83 FR 35442). There we stated why we issued 
the NPRM,

[[Page 52321]]

and invited comments on our proposed regulatory action related to this 
fireworks display. During the comment period that ended August 27, 
2018, we received 1 comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Jacksonville (COTP) has determined that 
potential hazards associated with the aerial flight demonstrations will 
be a safety concern for members of the public viewing the demonstration 
within, or transiting through, the safety zone. The purpose of this 
rule is to ensure safety of vessels and persons on the navigable waters 
of the St. Johns River in the vicinity of Naval Air Station (NAS) 
Jacksonville, Florida, before, during, and after the air show.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 1 comment on our in support of the 
regulation. There are no changes in the regulatory text of this rule 
from the regulatory text in the NPRM.
    This rule establishes a safety zone daily from 8 a.m. to 5 p.m. on 
October 26, 2018 through October 28, 2018, on the waters of the St. 
John's River in the vicinity of NAS Jacksonville, Florida. 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 will be 
permitted to enter, transit through, remain within, or anchor in the 
safety zone without obtaining permission from the COTP or a designated 
representative. The Coast Guard will provide notice of the regulated 
areas by Local Notice to Mariners, Broadcast Notice to Mariners, and 
on-scene designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. 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 
will 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 will 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).

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.

[[Page 52322]]

F. Environment

    We have analyzed this 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 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 lasting nine hours daily that prohibits persons and 
vessels from entering, transiting through, remaining within, within, or 
anchoring in 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 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.T07-0232 to read as follows:


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

    (a) Regulated area. 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) Definition. The term ``designated representative'' means a 
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty 
officer, or other officer operating a Coast Guard vessel and a Federal, 
State, and local officer designated by or assisting the Captain of the 
Port Jacksonville (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the 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 October 26, 2018 through October 28, 2018.

    Dated: October 11, 2018.
T.C. Wiemers,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2018-22519 Filed 10-16-18; 8:45 am]
 BILLING CODE 9110-04-P



                                             52320            Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations

                                             57561). This notice included a request                   considered in a failed condition, and (3)             the waters of the St. Johns River in the
                                             for comments and related material to                     comments concerning the utility and                   vicinity of Naval Air Station (NAS)
                                             reach the Coast Guard on or before                       value of the automated identification                 Jacksonville, Florida during the Blue
                                             January 15, 2018.                                        system (AIS) were requested.                          Angels Air Show. This rulemaking
                                                On January 22, 2018, we published a                     The Coast Guard received no                         prohibits persons and vessels from
                                             notice of temporary deviation from                       comments posted to the docket during                  entering, transiting through, remaining
                                             regulations; reopening comment period;                   the third temporary deviation; however,               within, or anchoring in the safety zone
                                             entitled ‘‘Drawbridge Operation                          the Coast Guard did receive two reports               unless authorized by the Captain of the
                                             Regulation; Delaware River, Pennsauken                   with supporting documentation                         Port (COTP) Jacksonville or a designated
                                             Township, NJ’’ in the Federal Register                   submitted by the bridge owner. The                    representative.
                                             (see 83 FR 2909). This notice included                   Coast Guard is conducting an evaluation               DATES: This rule is effective from 8 a.m.
                                             a request for comments and related                       of the proposed rulemaking and has                    on October 26, 2018 until 5 p.m. on
                                             material to reach the Coast Guard on or                  decided to publish a temporary                        October 28, 2018.
                                             before March 2, 2018.                                    deviation to allow the DELAIR
                                                On February 15, 2018, we published                                                                          ADDRESSES: To view documents
                                                                                                      Memorial Railroad Bridge across the                   mentioned in this preamble as being
                                             a notice of proposed rulemaking;                         Delaware River, mile 104.6, at
                                             reopening comment period; entitled                                                                             available in the docket, go to http://
                                                                                                      Pennsauken Township, NJ, to continue                  www.regulations.gov, type USCG–2018–
                                             ‘‘Drawbridge Operation Regulation;                       to be remotely operated from the Conrail
                                             Delaware River, Pennsauken Township,                                                                           0232 in the ‘‘SEARCH’’ box and click
                                                                                                      South Jersey dispatch center in Mount                 ‘‘SEARCH.’’ Click on Open Docket
                                             NJ’’ in the Federal Register (see 83 FR                  Laurel, NJ, instead of being operated by
                                             6821). This notice included a request for                                                                      Folder on the line associated with this
                                                                                                      an on-site bridge tender, to allow                    rule.
                                             comments and related material to reach                   sufficient time for the evaluation to be
                                             the Coast Guard on or before March 2,                                                                          FOR FURTHER INFORMATION CONTACT: If
                                                                                                      completed. The operating schedule
                                             2018.                                                    published in 33 CFR 117.716 will not                  you have questions on this rule, call or
                                                The Coast Guard reviewed 26                           change with the remote operation of the               email Lieutenant Junior Grade Emily
                                             comments posted to the docket and six                    bridge.                                               Sysko, Chief, Waterways Management
                                             reports with supporting documentation                                                                          Division, U.S. Coast Guard; telephone
                                             submitted by the bridge owner during                     II. Temporary Deviation From                          904–714–7616, email Emily.T.Sysko@
                                             the initial and second temporary                         Regulations                                           uscg.mil.
                                             deviations concerning the remote                           The operating schedule is published                 SUPPLEMENTARY INFORMATION:
                                             operation system of the DELAIR                           in 33 CFR 117.716. Under this
                                             Memorial Railroad Bridge. Through this                   temporary deviation, the bridge will be               I. Table of Abbreviations
                                             review, the Coast Guard found that                       remotely operated from the Conrail                    CFR Code of Federal Regulations
                                             further testing and evaluation of the                    South Jersey dispatch center in Mount                 DHS Department of Homeland Security
                                             remote operation system of the                           Laurel, NJ, instead of being operated by              FR Federal Register
                                             drawbridge was necessary before                          an on-site bridge tender.                             NPRM Notice of proposed rulemaking
                                             making a decision on the proposed                          In accordance with 33 CFR 117.35(e),                § Section
                                             regulation.                                                                                                    U.S.C. United States Code
                                                                                                      the drawbridge must return to its regular
                                                On April 26, 2018, we published a
                                                                                                      operating methods immediately at the                  II. Background Information and
                                             notice in the Federal Register entitled,
                                                                                                      end of the effective period of this                   Regulatory History
                                             ‘‘Drawbridge Operation Regulation;
                                                                                                      temporary deviation. This deviation                      On May 18, 2018, NAS Jacksonville
                                             Delaware River, Pennsauken Township,
                                                                                                      from the operating regulations is                     submitted a marine event application to
                                             NJ’’ announcing a third temporary
                                                                                                      authorized under 33 CFR 117.35.                       the Coast Guard for the Blue Angels Air
                                             deviation from the regulations, with
                                             request for comments (see 83 FR 18226).                    Dated: October 12, 2018.                            Show that will take place daily from
                                             This temporary deviation commenced at                    Hal R. Pitts,                                         October 26, 2018 through October 28,
                                             8 a.m. on April 19, 2018, and is                         Bridge Program Manager, Fifth Coast Guard             2018. The air show will consist of
                                             scheduled to conclude at 7:59 a.m. on                    District.                                             various flight demonstrations over the
                                             October 16, 2018. This notice included                   [FR Doc. 2018–22692 Filed 10–16–18; 8:45 am]          St. Johns River in vicinity of NAS
                                             a request for comments and related                       BILLING CODE 9110–04–P                                Jacksonville. Over the years, there have
                                             material to reach the Coast Guard on or                                                                        been unfortunate instances of aircraft
                                             before August 17, 2018.                                                                                        mishaps and crashes during
                                                On May 4, 2018, we published a                        DEPARTMENT OF HOMELAND                                performances at various air shows
                                             notice of proposed rulemaking;                           SECURITY                                              around the world. Occasionally, these
                                             reopening comment period; entitled                                                                             incidents result in a wide area of
                                             ‘‘Drawbridge Operation Regulation;                       Coast Guard                                           scattered debris in the water that can
                                             Delaware River, Pennsauken Township,                                                                           damage property or cause significant
                                             NJ’’ in the Federal Register (see 83 FR                  33 CFR Part 165                                       injury or death to the public observing
                                             19659). This notice included a request                   [Docket Number USCG–2018–0232]                        the air shows. The Captain of the Port
                                             for comments and related material to                                                                           (COTP) Jacksonville has determined that
                                             reach the Coast Guard on or before                       RIN 1625–AA00                                         a safety zone is necessary to protect the
                                             August 17, 2018.                                                                                               general public from hazards associated
                                                                                                      Safety Zone; Blue Angels Air Show; St.
                                                During the third temporary deviation,                                                                       with aerial flight demonstrations.
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                                                                                                      Johns River, Jacksonville, FL
                                             the following changes were                                                                                        On July 26, 2018, the Coast Guard
                                             implemented: (1) The on-site bridge                      AGENCY:    Coast Guard, DHS.                          published a notice of proposed
                                             tender was removed from the bridge, (2)                  ACTION:   Temporary final rule.                       rulemaking (NPRM) titled ‘‘Safety Zone;
                                             qualified personnel would return and                                                                           Blue Angels Air Show; St. Johns River,
                                             operate the bridge within 60 minutes if                  SUMMARY:   The Coast Guard is                         Jacksonville, FL’’ (83 FR 35442). There
                                             the remote operation system is                           establishing a temporary safety zone on               we stated why we issued the NPRM,


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                                                              Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations                                       52321

                                             and invited comments on our proposed                     approaches that maximize net benefits.                the Small Business and Agriculture
                                             regulatory action related to this                        Executive Order 13771 directs agencies                Regulatory Enforcement Ombudsman
                                             fireworks display. During the comment                    to control regulatory costs through a                 and the Regional Small Business
                                             period that ended August 27, 2018, we                    budgeting process. This rule has not                  Regulatory Fairness Boards. The
                                             received 1 comment.                                      been designated a ‘‘significant                       Ombudsman evaluates these actions
                                                                                                      regulatory action,’’ under Executive                  annually and rates each agency’s
                                             III. Legal Authority and Need for Rule                   Order 12866. Accordingly, this rule has               responsiveness to small business. If you
                                                The Coast Guard is issuing this rule                  not been reviewed by the Office of                    wish to comment on actions by
                                             under authority in 33 U.S.C. 1231. The                   Management and Budget (OMB), and                      employees of the Coast Guard, call 1–
                                             Captain of the Port Jacksonville (COTP)                  pursuant to OMB guidance it is exempt                 888–REG–FAIR (1–888–734–3247). The
                                             has determined that potential hazards                    from the requirements of Executive                    Coast Guard will not retaliate against
                                             associated with the aerial flight                        Order 13771.                                          small entities that question or complain
                                             demonstrations will be a safety concern                     This regulatory action determination               about this rule or any policy or action
                                             for members of the public viewing the                    is based on the size, location, duration,
                                                                                                                                                            of the Coast Guard.
                                             demonstration within, or transiting                      and time-of-day of the safety zone.
                                             through, the safety zone. The purpose of                 Vessel traffic will be able to safely                 C. Collection of Information
                                             this rule is to ensure safety of vessels                 transit around this safety zone, which
                                             and persons on the navigable waters of                   would impact a small designated area of                 This rule will not call for a new
                                             the St. Johns River in the vicinity of                   the St. Johns River for nine hours on                 collection of information under the
                                             Naval Air Station (NAS) Jacksonville,                    each of the three days the air show is                Paperwork Reduction Act of 1995 (44
                                             Florida, before, during, and after the air               occurring. Moreover, the Coast Guard                  U.S.C. 3501–3520).
                                             show.                                                    will issue a Broadcast Notice to
                                                                                                                                                            D. Federalism and Indian Tribal
                                                                                                      Mariners via VHF–FM marine channel
                                             IV. Discussion of Comments, Changes,                                                                           Governments
                                                                                                      16 about the zone, and the rule would
                                             and the Rule                                             allow vessels to seek permission to enter                A rule has implications for federalism
                                               As noted above, we received 1                          the zone.                                             under Executive Order 13132,
                                             comment on our in support of the                                                                               Federalism, if it has a substantial direct
                                                                                                      B. Impact on Small Entities
                                             regulation. There are no changes in the                                                                        effect on the States, on the relationship
                                             regulatory text of this rule from the                       The Regulatory Flexibility Act of
                                                                                                                                                            between the national government and
                                             regulatory text in the NPRM.                             1980, 5 U.S.C. 601–612, as amended,
                                                                                                      requires Federal agencies to consider                 the States, or on the distribution of
                                               This rule establishes a safety zone
                                                                                                      the potential impact of regulations on                power and responsibilities among the
                                             daily from 8 a.m. to 5 p.m. on October
                                                                                                      small entities during rulemaking. The                 various levels of government. We have
                                             26, 2018 through October 28, 2018, on
                                                                                                      term ‘‘small entities’’ comprises small               analyzed this rule under that Order and
                                             the waters of the St. John’s River in the
                                             vicinity of NAS Jacksonville, Florida.                   businesses, not-for-profit organizations              have determined that it is consistent
                                             The safety zone will encompass all                       that are independently owned and                      with the fundamental federalism
                                             waters within an area approximately                      operated and are not dominant in their                principles and preemption requirements
                                             three quarters of a mile parallel to the                 fields, and governmental jurisdictions                described in Executive Order 13132.
                                             shoreline, and one mile out into the St.                 with populations of less than 50,000.                    Also, this rule does not have tribal
                                             Johns River in Jacksonville, FL. The                     The Coast Guard received no comments                  implications under Executive Order
                                             duration of the zone is intended to                      from the Small Business Administration                13175, Consultation and Coordination
                                             ensure the safety of the public on these                 on this rulemaking. The Coast Guard                   with Indian Tribal Governments,
                                             navigable waters during the aerial flight                certifies under 5 U.S.C. 605(b) that this             because it does not have a substantial
                                             demonstrations. No vessel or person                      rule will not have a significant                      direct effect on one or more Indian
                                             will be permitted to enter, transit                      economic impact on a substantial                      tribes, on the relationship between the
                                             through, remain within, or anchor in the                 number of small entities.                             Federal Government and Indian tribes,
                                             safety zone without obtaining                               While some owners or operators of                  or on the distribution of power and
                                             permission from the COTP or a                            vessels intending to transit the safety               responsibilities between the Federal
                                             designated representative. The Coast                     zone may be small entities, for the                   Government and Indian tribes. If you
                                             Guard will provide notice of the                         reasons stated in section V.A above, this             believe this rule has implications for
                                             regulated areas by Local Notice to                       rule will not have a significant                      federalism or Indian tribes, please
                                             Mariners, Broadcast Notice to Mariners,                  economic impact on any vessel owner                   contact the person listed in the FOR
                                             and on-scene designated representative.                  or operator.                                          FURTHER INFORMATION CONTACT section.
                                                                                                         Under section 213(a) of the Small
                                             V. Regulatory Analyses                                   Business Regulatory Enforcement                       E. Unfunded Mandates Reform Act
                                               We developed this rule after                           Fairness Act of 1996 (Pub. L. 104–121),
                                             considering numerous statutes and                        we want to assist small entities in                     The Unfunded Mandates Reform Act
                                             Executive orders related to rulemaking.                  understanding this rule. If the rule                  of 1995 (2 U.S.C. 1531–1538) requires
                                             Below we summarize our analyses                          would affect your small business,                     Federal agencies to assess the effects of
                                             based on a number of these statutes and                  organization, or governmental                         their discretionary regulatory actions. In
                                             Executive orders, and we discuss First                   jurisdiction and you have questions                   particular, the Act addresses actions
                                             Amendment rights of protestors.                          concerning its provisions or options for              that may result in the expenditure by a
                                                                                                                                                            State, local, or tribal government, in the
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                                                                                                      compliance, please contact the person
                                             A. Regulatory Planning and Review                        listed in the FOR FURTHER INFORMATION                 aggregate, or by the private sector of
                                                Executive Orders 12866 and 13563                      CONTACT section.                                      $100,000,000 (adjusted for inflation) or
                                             direct agencies to assess the costs and                     Small businesses may send comments                 more in any one year. Though this rule
                                             benefits of available regulatory                         on the actions of Federal employees                   will not result in such an expenditure,
                                             alternatives and, if regulation is                       who enforce, or otherwise determine                   we do discuss the effects of this rule
                                             necessary, to select regulatory                          compliance with, Federal regulations to               elsewhere in this preamble.


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                                             52322            Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations

                                             F. Environment                                           to 30°14′27″ N; 081°38′35″ W, thence                  eligibility for VA pensions and other
                                               We have analyzed this rule under                       west to 30°14′27″ N, 081°39′45″ W, and                needs-based benefit programs. The final
                                             Department of Homeland Security                          thence along the shore line back to the               rule contained some errors in its
                                             Directive 023–01 and Commandant                          beginning point. These coordinates are                preamble and in one amendment to the
                                             Instruction M16475.1D, which guide the                   based on North American Datum 1983.                   CFR. This document corrects those
                                             Coast Guard in complying with the                           (b) Definition. The term ‘‘designated              errors.
                                             National Environmental Policy Act of                     representative’’ means a Coast Guard                  DATES: These corrections are effective
                                             1969 (42 U.S.C. 4321–4370f), and have                    Patrol Commander, including a Coast                   on October 18, 2018.
                                             determined that this action is one of a                  Guard coxswain, petty officer, or other
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                             category of actions that do not                          officer operating a Coast Guard vessel
                                                                                                                                                            Marie Gregory, Assistant Director,
                                             individually or cumulatively have a                      and a Federal, State, and local officer
                                                                                                                                                            Pension and Fiduciary Service, Veterans
                                             significant effect on the human                          designated by or assisting the Captain of
                                                                                                                                                            Benefits Administration, Department of
                                             environment. This rule involves a safety                 the Port Jacksonville (COTP) in the
                                                                                                                                                            Veterans Affairs, 21P1, 810 Vermont
                                             zone lasting nine hours daily that                       enforcement of the safety zone.
                                                                                                                                                            Ave. NW, Washington, DC 20420, (202)
                                             prohibits persons and vessels from                          (c) Regulations. (1) All persons and
                                                                                                                                                            632–8863. (This is not a toll-free
                                             entering, transiting through, remaining                  vessels are prohibited from entering,
                                                                                                                                                            number.)
                                             within, within, or anchoring in an area                  transiting through, anchoring in, or
                                             of approximately one square mile.                        remaining within the regulated area                   SUPPLEMENTARY INFORMATION: In FR Doc.
                                             Normally such actions are categorically                  unless authorized by the Captain of the               No. 2018–19895 appearing on page
                                             excluded from further review under                       Port Jacksonville or a designated                     47246 in the Federal Register of
                                             paragraph L60(a) of Appendix A, Table                    representative.                                       Tuesday, September 18, 2018, the
                                             1 of DHS Instruction Manual 023–01–                         (2) Persons and vessels desiring to                following corrections are made:
                                             001–01, Rev. 01. A Record of                             enter, transit through, anchor in, or                 Corrections
                                             Environmental Consideration                              remain within the regulated area may
                                                                                                      contact the Captain of the Port                          1. On page 47260, third column,
                                             supporting this determination is
                                                                                                      Jacksonville by telephone at (904) 714–               under the heading ‘‘1. Changes to
                                             available in the docket where indicated
                                                                                                      7557, or a designated representative via              Exclusions,’’ add the following
                                             under ADDRESSES.
                                                                                                      VHF–FM radio on channel 16, to                        paragraph:
                                             G. Protest Activities                                    request authorization. If authorization is               ‘‘At the outset, as a technical matter,
                                               The Coast Guard respects the First                     granted, all persons and vessels                      the paragraph proposed as § 3.279(a) is
                                             Amendment rights of protesters.                          receiving such authorization must                     recharacterized in this final rule as an
                                             Protesters are asked to contact the                      comply with the instructions of the                   introductory paragraph. Thus, proposed
                                             person listed in the FOR FURTHER                         COTP Jacksonville or a designated                     paragraphs (b) through (e) are
                                             INFORMATION CONTACT section to                           representative.                                       recharacterized as final paragraphs (a)
                                             coordinate protest activities so that your                  (3) The Coast Guard will provide                   through (d), respectively.’’
                                             message can be received without                          notice of the regulated area through                     2. On page 47261, first column, in the
                                             jeopardizing the safety or security of                   Broadcast Notice to Mariners via VHF–                 first full paragraph, the third and fourth
                                             people, places or vessels.                               FM channel 16 or by on-scene                          sentences are corrected to read as
                                                                                                      designated representatives.                           follows:
                                             List of Subjects in 33 CFR Part 165                                                                               ‘‘We have made this addition to final
                                                                                                         (d) Enforcement period. This rule will
                                               Harbors, Marine Safety, Navigation                     be enforced daily from 8 a.m. until 5                 §§ 3.261, 3.262, and 3.272, and final
                                             (water), Reporting and recordkeeping                     p.m. from October 26, 2018 through                    § 3.279 lists this exclusion at paragraph
                                             requirements, Security measures,                         October 28, 2018.                                     (d)(1). Given this addition and the
                                             Waterways.                                                                                                     recharacterization of proposed
                                                                                                        Dated: October 11, 2018.                            paragraphs (b) through (e) discussed
                                               For the reasons discussed in the
                                                                                                      T.C. Wiemers,                                         above, we have renumbered proposed
                                             preamble, the Coast Guard amends 33
                                             CFR part 165 as follows:                                 Captain, U.S. Coast Guard, Captain of the             § 3.279(e)(1) through (8) as final
                                                                                                      Port Jacksonville.                                    § 3.279(d)(2) through (9), respectively.’’
                                             PART 165—REGULATED NAVIGATION                            [FR Doc. 2018–22519 Filed 10–16–18; 8:45 am]             3. On page 47261, second column, in
                                             AREAS AND LIMITED ACCESS AREAS                           BILLING CODE 9110–04–P                                the first paragraph, the third sentence is
                                                                                                                                                            corrected to read as follows:
                                             ■ 1. The authority citation for part 165                                                                          ‘‘Final § 3.279(b)(1), (2), and (3) use
                                             continues to read as follows:                            DEPARTMENT OF VETERANS                                the term ‘‘assets’’ in the first column
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              AFFAIRS                                               rather than the term ‘‘net worth’’ as
                                             33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;                                                                       proposed.’’
                                             Department of Homeland Security Delegation               38 CFR Part 3                                            4. On page 47261, third column, in
                                             No. 0170.1.                                                                                                    the second paragraph, the fourth
                                                                                                      RIN 2900–AO73
                                             ■ 2. Add § 165.T07–0232 to read as                                                                             sentence is corrected to read as follows:
                                             follows:                                                 Net Worth, Asset Transfers, and                          ‘‘We make no substantive change
                                                                                                      Income Exclusions for Needs-Based                     based on this comment because the
                                             § 165.T07–0232 Safety Zone, Blue Angels                                                                        $2,000 cap is statutory.’’
                                             Air Show; St. Johns River, Jacksonville, FL.
                                                                                                      Benefits
                                                                                                                                                               5. On page 47261, third column, in
                                                (a) Regulated area. The following area
daltland on DSKBBV9HB2PROD with RULES




                                                                                                      AGENCY:    Department of Veterans Affairs.            the fourth paragraph, the first and
                                             is a safety zone: All waters of the St.                  ACTION:   Final rule; correction.                     second sentences are corrected to read
                                             Johns River, from surface to bottom,                                                                           as follows:
                                             encompassed by a line connecting the                     SUMMARY:  On September 18, 2018, the                     ‘‘One commenter opined that the
                                             following points beginning at 30°13′41″                  Department of Veterans Affairs (VA)                   exclusion at proposed § 3.279(b)(1) was
                                             N; 081°39′45″ W, thence due east to,                     published a final rule amending its                   erroneous because it ‘‘is inconsistent
                                             30°13′41″ N; 081°38′35″ W, thence south                  regulations governing veterans’                       with 25 U.S.C. 1408’’ and because


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Document Created: 2018-10-17 01:48:14
Document Modified: 2018-10-17 01:48:14
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 October 26, 2018 until 5 p.m. on October 28, 2018.
ContactIf you have questions on this rule, 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 52320 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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