Safety Zone; St. Lucie River, Stuart, Florida
| Citation | 84 FR 16630 |
| Record Number | 2019-07769 |
| Published date | 22 April 2019 |
| Court | Coast Guard |
Federal Register, Volume 84 Issue 77 (Monday, April 22, 2019)
[Federal Register Volume 84, Number 77 (Monday, April 22, 2019)]
[Proposed Rules]
[Pages 16630-16632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07769]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0208]
RIN 1625-AA00
Safety Zone; St. Lucie River, Stuart, Florida
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain navigable waters of the St. Lucie River in Stuart,
Florida. This action is necessary to provide for the safety of life on
these navigable waters east of the Roosevelt/U.S. Route 1 Bridge during
the Stuart Air Show on July 4, 2019. The proposed rulemaking would
prohibit vessels and persons from entering the safety zone unless
specifically authorized by the Captain of the Port Miami (COTP). We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 22, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0208 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Omar Beceiro, Sector Miami Waterways
Management Division, U.S. Coast Guard, telephone 305-535-4317, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On March 27, 2019, Stuart Airshow Inc. notified the Coast Guard
that it would be sponsoring the Stuart Airshow from 6 p.m. through 7:30
p.m. on July 4, 2019. The air show would be conducted east of the
Roosevelt/U.S. Route 1 Bridge in the St. Lucie River in
[[Page 16631]]
Stuart, Florida. The COTP has determined that potential hazards
associated with the air show would be a safety concern for anyone
within the safety zone.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the safety zone during and after the
scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP proposes to establish a safety zone from 6:00 p.m. through
7:30 p.m. on July 4, 2019. The safety zone would cover certain
navigable waters within the St. Lucie River beginning approximately 400
yards east of the Roosevelt/U.S. Route 1 Bridge in Stuart, FL. The
duration of the safety zone is intended to ensure the safety of vessels
and these navigable waters before, during, and after the scheduled air
show. No vessels or persons would be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone, which would
affect a small-designated area of the St. Lucie River for approximately
90 minutes during the evening when vessel traffic is normally low.
Moreover, the Coast Guard would notify mariners of the safety zone
through a Broadcast Notice to Mariners via VHF-FM marine channel 16 and
the rule would allow vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves a safety zone lasting
approximately 90 minutes that would prohibit entry to all vessels and
persons during the event. Normally such actions are categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a
[[Page 16632]]
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; and Department of Homeland Security Delegation No.
0170.1.
0
2. Add a temporary Sec. 165.T07-0208 to read as follows:
Sec. 165.T07-0208 Safety Zone; St. Lucie River, Stuart, Florida
(a) Location: The following coordinates define the temporary safety
zone located in the St. Lucie River, Stuart, FL. All waters of St.
Lucie River contained within the following points: commencing at
27[deg]12'24'' N, 080[deg]15'21'' W; thence southeast to 27[deg]12'21''
N, 080[deg]14'48'' W; thence southwest to 27[deg]12'06'' N,
080[deg]14'50'' W; then northwest to 27[deg]12'10'' N, 080[deg]15'23''
W; thence northeast to origin. All coordinates are 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 COTP
in the enforcement of the regulated area.
(c) Regulations. (1) No person or vessel will be permitted to
enter, transit, anchor, or remain within the regulated area unless
authorized by COTP or a designated representative.
(2) Persons and vessels desiring to enter, transit, anchor, or
remain within the regulated area may contact the COTP by telephone at
305-535-4313, or a designated representative via VHF 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 or a designated representative.
(d) Enforcement Period. This rule will be enforced from 6:00 p.m.
through 7:30 p.m. on July 4, 2019.
Dated: April 12, 2019.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2019-07769 Filed 4-19-19; 8:45 am]
BILLING CODE 9110-04-P
