Safety Zone, Blue Angels Air Show; St. Johns River, Jacksonville, FL, 45988-45990 [2017-21196]
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Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations
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
above.
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.
jstallworth on DSKBBY8HB2PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting 7 hours per day on two
consecutive days that prohibits entry
into a portion of Roanoke River,
Plymouth, NC. It is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of
Commandant Instruction M16475.lD. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
VerDate Sep<11>2014
15:04 Oct 02, 2017
Jkt 244001
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
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.
2. Add § 165.T05–0886 to read as
follows:
■
§ 165.T05–0886 Safety Zone, Roanoke
River Plymouth, NC.
(a) Location. The following area is a
safety zone: All navigable from
approximate positions: Latitude
35°52′25″ N., longitude 076°44′33″ W.,
then northwest to latitude 35°52′29″ N.,
longitude 076°44′37″ W., then
southwest along the shoreline to
latitude 35°52′00″ N., longitude
076°45′31″ W., then south to latitude
35°51′56″ N., longitude 076°45′30″ W.
(WGS 84), then northeast along the
shoreline to the point of origin, on the
Roanoke River, Plymouth, North
Carolina.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, that includes a Coast
Guard commissioned, warrant or petty
officer designated by the Captain of the
Port North Carolina (COTP) for the
enforcement of the safety zone. ‘‘Captain
of the Port’’ means the Commander,
Coast Guard Sector North Carolina.
‘‘Participants’’ means persons and
vessels involved in the high speed boat
race.
(c) Regulations. (1) The general
regulations governing safety zones in
§ 165.23 apply to the area described in
paragraph (a) of this section.
(2) With the exception of participants,
entry into or remaining in this safety
zone is prohibited unless authorized by
the COTP North Carolina or the COTP
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
North Carolina’s designated
representative. All vessels within this
safety zone when this section becomes
effective must depart the zone
immediately.
(3) To request permission to remain
in, enter, or transit through the safety
zone, contact the COTP North Carolina
or the COTP North Carolina’s
representative through the Coast Guard
Sector North Carolina Command Duty
Officer, Wilmington, North Carolina, at
telephone number 910–343–3882 or on
VHF–FM marine band radio channel 13
(165.65 MHz) or channel 16 (156.8
MHz).
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. This section
will be enforced from 11 a.m. through
6 p.m. daily on October 7 and October
8, 2017.
Dated: September 27, 2017.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the
Port, North Carolina.
[FR Doc. 2017–21100 Filed 10–2–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0577]
RIN 1625–AA11
Safety Zone, Blue Angels Air Show; St.
Johns River, Jacksonville, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the waters
of the St. Johns River in vicinity of
Naval Air Station (NAS) Jacksonville,
Florida during the Blue Angels Air
Show. This rulemaking prohibits
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port (COTP) Jacksonville
or a designated representative.
DATES: This rule is effective from 8 a.m.
on November 3, 2017 through 5 p.m. on
November 5, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0577 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
SUMMARY:
E:\FR\FM\03OCR1.SGM
03OCR1
Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations
If
you have questions on this rule, call or
email Lieutenant Allan Storm, Sector
Jacksonville, Chief, Waterways
Management Division, U.S. Coast
Guard; telephone (904) 714–7616, email
Allan.H.Storm@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On April 25, 2017, NAS Jacksonville
submitted a marine event application to
the Coast Guard for the Blue Angels Air
Show that will take place from
November 3, 2017 through November 5,
2017. The air show will consist of
various flight demonstrations over the
St. Johns River in vicinity of NAS
Jacksonville. Over the years, there have
been unfortunate instances of aircraft
mishaps that involve crashing during
performances at various air shows
around the world. Occasionally, these
incidents result in a wide area of
scattered debris in the water that can
damage property or cause significant
injury or death to the public observing
the air shows. The Captain of the Port
(COTP) Jacksonville has determined that
a safety zone is necessary to protect the
general public from hazards associated
with aerial flight demonstrations. In
response, on August 1, 2017, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone,
Blue Angels Air Show; St. Johns River,
Jacksonville, FL (82 FR 35717). There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action related to this air
show. During the comment period that
ended August 31, 2017, we received no
comments.
jstallworth on DSKBBY8HB2PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP Jacksonville has determined that
potential hazards associated with aerial
flight demonstrations will be a safety
concern for members of the public
observing the event from the water. The
purpose of the rule is to ensure the
safety of vessels and persons on the
navigable waters of the St. Johns River
in vicinity of NAS Jacksonville, Florida.
VerDate Sep<11>2014
15:04 Oct 02, 2017
Jkt 244001
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
August 1, 2017. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone,
from 8 a.m. to 5 p.m. on November 3,
2017 through November 5, 2017, on the
waters of the St. Johns River in vicinity
of NAS Jacksonville, Florida during the
Blue Angels Air Show. The safety zone
will encompass all waters within an
area approximately three quarters of a
mile parallel to the shoreline, and one
mile out into the St. Johns River in
Jacksonville, FL. The duration of the
zone is intended to ensure the safety of
the public and these navigable waters
during the aerial flight demonstrations.
No vessel or person is permitted to enter
the safety zone without obtaining
permission from the COTP or a
designated representative. The Coast
Guard will provide notice of the
regulated area by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic would be able to safely
transit around this safety zone which
would impact a small designated area of
the St. Johns River for nine hours on
each of the three days the air show is
occurring. Moreover, the Coast Guard
would issue a Broadcast Notice to
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
45989
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).
E:\FR\FM\03OCR1.SGM
03OCR1
45990
Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations
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.
jstallworth on DSKBBY8HB2PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that would prohibit persons and
vessels from transiting through a one
square mile regulated area during a
three day air show lasting nine hours
daily. It is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. A Record of Environmental
VerDate Sep<11>2014
15:04 Oct 02, 2017
Jkt 244001
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
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.
2. Add § 165.T07–0577 to read as
follows:
■
§ 165.T07–0577 Safety Zone, Blue Angels
Air Show; St. Johns River, Jacksonville, FL.
(a) Regulated area. The following area
is a safety zone located on the St. Johns
River in Jacksonville, FL. All waters of
the St. Johns River encompassed within
an imaginary line connecting the
following points: Starting at Point 1 in
position 30°13′41″ N.; 081°39′45″ W.
thence due east to Point 2 in position
30°13″41″ N.; 081°38′35″ W. thence
south to Point 3 in position 30°14′27″
N.; 081°38′35″ W. thence west to Point
4 in position 30°14′27″ N.; 081°39′45″
W. thence following the shoreline north
back to the point of origin. These
coordinates are based on North
American Datum 1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Jacksonville in the
enforcement of the regulated area.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
Port Jacksonville or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port
Jacksonville by telephone at (904) 714–
7557, or a designated representative via
VHF–FM radio on channel 16, to
request authorization. If authorization is
granted, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP Jacksonville or a designated
representative.
(3) The Coast Guard will provide
notice of the regulated area through
Broadcast Notice to Mariners via VHF–
FM channel 16 or by on-scene
designated representatives.
(d) Enforcement period. This rule will
be enforced daily from 8 a.m. until 5
p.m. from November 3, 2017 through
November 5, 2017.
Dated: September 28, 2017.
Todd C. Wiemers,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 2017–21196 Filed 10–2–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2016–0207; FRL–9966–84]
RIN 2070–AB27
Significant New Use Rule on Certain
Chemical Substances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing a significant
new use rule (SNUR) under section
5(a)(2) of the Toxic Substances Control
Act (TSCA) for the chemical substance
identified generically as bimodal
mixture consisting of multi-walled
carbon nanotubes and other classes of
carbon nanotubes, which was the
subject of premanufacture notice (PMN)
P–11–482. This action requires persons
who intend to manufacture (defined by
statute to include import) or process the
chemical substance for a use that is
designated as a significant new use by
this final rule to notify EPA at least 90
days before commencing that activity.
The required notification initiates EPA’s
evaluation of the intended use within
the applicable review period.
Manufacture and processing for the
significant new use is unable to
commence until EPA has conducted a
SUMMARY:
E:\FR\FM\03OCR1.SGM
03OCR1
]]>Agencies
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45988-45990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21196]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0577]
RIN 1625-AA11
Safety Zone, Blue Angels Air Show; St. Johns River, Jacksonville,
FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on the waters of
the St. Johns River in vicinity of Naval Air Station (NAS)
Jacksonville, Florida during the Blue Angels Air Show. This rulemaking
prohibits persons and vessels from being in the safety zone unless
authorized by the Captain of the Port (COTP) Jacksonville or a
designated representative.
DATES: This rule is effective from 8 a.m. on November 3, 2017 through 5
p.m. on November 5, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0577 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
[[Page 45989]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Allan Storm, Sector Jacksonville, Chief,
Waterways Management Division, U.S. Coast Guard; telephone (904) 714-
7616, email Allan.H.Storm@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 April 25, 2017, NAS Jacksonville submitted a marine event
application to the Coast Guard for the Blue Angels Air Show that will
take place from November 3, 2017 through November 5, 2017. The air show
will consist of various flight demonstrations over the St. Johns River
in vicinity of NAS Jacksonville. Over the years, there have been
unfortunate instances of aircraft mishaps that involve crashing during
performances at various air shows around the world. Occasionally, these
incidents result in a wide area of scattered debris in the water that
can damage property or cause significant injury or death to the public
observing the air shows. The Captain of the Port (COTP) Jacksonville
has determined that a safety zone is necessary to protect the general
public from hazards associated with aerial flight demonstrations. In
response, on August 1, 2017, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zone, Blue Angels Air Show;
St. Johns River, Jacksonville, FL (82 FR 35717). There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to this air show. During the comment period that ended August
31, 2017, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP Jacksonville has determined that potential hazards
associated with aerial flight demonstrations will be a safety concern
for members of the public observing the event from the water. The
purpose of the rule is to ensure the safety of vessels and persons on
the navigable waters of the St. Johns River in vicinity of NAS
Jacksonville, Florida.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
August 1, 2017. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a safety zone, from 8 a.m. to 5 p.m. on
November 3, 2017 through November 5, 2017, on the waters of the St.
Johns River in vicinity of NAS Jacksonville, Florida during the Blue
Angels Air Show. The safety zone will encompass all waters within an
area approximately three quarters of a mile parallel to the shoreline,
and one mile out into the St. Johns River in Jacksonville, FL. The
duration of the zone is intended to ensure the safety of the public and
these navigable waters during the aerial flight demonstrations. No
vessel or person is permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. The
Coast Guard will provide notice of the regulated area by Local Notice
to Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the St. Johns River for nine hours on
each of the three days the air show is occurring. Moreover, the Coast
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule would allow vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 45990]]
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone that would prohibit persons and vessels
from transiting through a one square mile regulated area during a three
day air show lasting nine hours daily. It is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6 and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T07-0577 to read as follows:
Sec. 165.T07-0577 Safety Zone, Blue Angels Air Show; St. Johns River,
Jacksonville, FL.
(a) Regulated area. The following area is a safety zone located on
the St. Johns River in Jacksonville, FL. All waters of the St. Johns
River encompassed within an imaginary line connecting the following
points: Starting at Point 1 in position 30[deg]13'41'' N.;
081[deg]39'45'' W. thence due east to Point 2 in position
30[deg]13''41'' N.; 081[deg]38'35'' W. thence south to Point 3 in
position 30[deg]14'27'' N.; 081[deg]38'35'' W. thence west to Point 4
in position 30[deg]14'27'' N.; 081[deg]39'45'' W. thence following the
shoreline north back to the point of origin. These coordinates are
based on North American Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Jacksonville in the enforcement of the regulated
area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port
Jacksonville or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Jacksonville by telephone at (904) 714-7557, or a designated
representative via VHF-FM radio on channel 16, to request
authorization. If authorization is granted, all persons and vessels
receiving such authorization must comply with the instructions of the
COTP Jacksonville or a designated representative.
(3) The Coast Guard will provide notice of the regulated area
through Broadcast Notice to Mariners via VHF-FM channel 16 or by on-
scene designated representatives.
(d) Enforcement period. This rule will be enforced daily from 8
a.m. until 5 p.m. from November 3, 2017 through November 5, 2017.
Dated: September 28, 2017.
Todd C. Wiemers,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2017-21196 Filed 10-2-17; 8:45 am]
BILLING CODE 9110-04-P
