[Federal Register: May 20, 2005 (Volume 70, Number 97)]
[Rules and Regulations]
[Page 29195-29197]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my05-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD 07-05-012]
RIN 1625-AA08
Special Local Regulations: Annual Fort Myers Beach Air Show, Fort
Myers Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing permanent special local
regulations for the Fort Myers Beach Air Show, Fort Myers Beach,
Florida. This event will be held annually on the second consecutive
Friday, Saturday, and Sunday of May between 8:30 a.m. and 4:30 p.m. EDT
(eastern daylight time). This regulation is needed to restrict persons
and vessels from entering the sterile zone (air box) below the aerial
demonstration and restrict vessels from mooring/anchoring or transiting
within the surrounding regulated area with the exception of the
Matanzas Pass Channel. This rule is necessary to ensure the safety of
life for the participating aircraft, spectators, and mariners in the
area on the navigable waters of the United States.
DATES: This rule is effective May 20, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD 07-05-012] and are available for inspection or
copying at
[[Page 29196]]
Coast Guard Marine Safety Office Tampa between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jennifer
Andrew at Coast Guard Marine Safety Office Tampa (813) 228-2191 Ext
8203.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 1, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations: Annual Fort Myers Beach Air
Show, Fort Myers Beach, FL in the Federal Register (70 FR 16781). We
received no comments on the proposed rule. No public meeting was
requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. This rule is needed to minimize
danger to the public and waiting delaying the effective date would be
contrary to the public interest. A notice of proposed rulemaking for
this rule was published in the Federal Register (70 FR 16781) with a
thirty-day comment period ending May 2, 2005. During the comment
period, no comments were received regarding this rulemaking, and this
final rule does not change the provisions of the notice of proposed
rulemaking.
Background and Purpose
The South West Florida Aviation Foundation's air show involves the
performance of aerial demonstrations over the near-shore waters of Fort
Myers Beach, Florida. The annual event will be held on the second
consecutive Friday, Saturday, and Sunday of May from 8:30 a.m. until
4:30 p.m. The nature of aerial demonstrations requires aircraft to use
markers in the water as points of reference for aircraft maneuvers. The
Federal Aviation Administration (FAA) has published guidelines that
aircraft must comply with based on the speed of the participating
aircraft and the location of the audience. This regulation is in
accordance with those guidelines for the sterile zone (air box) as well
as egress routes and vessel movements outside the air box.
Discussion of Comments and Changes
No comments were received for this rule.
Discussion of Rule
This regulation will include a sterile zone (air box) directly
under the aerial demonstration over the near-shore waters of Fort Myers
Beach in Lee County, Florida. All vessels and persons are prohibited
from entering, anchoring, mooring, or transiting the regulated area.
Vessel traffic will be allowed to enter and exit Matanzas Pass Channel
using the marked channel at Matanzas Pass Channel daybeacon 3
(26[deg]25'54'' N, 82[deg]58'12'' W, LLNR 16365) and 4
(26[deg]26'06'' N, 82[deg]57'48'' W, LLNR 16370) but may not linger
within the regulated area. This regulation is intended to provide for
the safety of life on the navigable waters of the United States for Air
Show participants and for mariners transiting in the vicinity of the
Air Show and is based on FAA guidelines in the FAA Code: Order 8700.1,
Operations Inspector Handbook, Volume 2, Chapter 49. All coordinates
referenced use datum NAD 83.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. The regulation would last for only eight hours
on each of the three event days. Vessel traffic is minimal in this area
and vessels will still be allowed to enter and exit the Matanzas Pass
Channel.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: the owners and operators of vessels intending to
transit near to shore at Fort Myers Beach, FL in the vicinity of
Matanzas Pass annually from 8:30 a.m. to 4:30 p.m. on the second
consecutive Friday, Saturday, and Sunday in May. This rule would not
have a significant economic impact on a substantial number of small
entities since it would be in effect for only eight hours a day on each
of the three event days. Vessel traffic is minimal in this area and
vessels will still be allowed to enter and exit through the Matanzas
Pass Channel.
Assistance for Small Entities
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
[[Page 29197]]
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation. As a special local regulation issued in
conjunction with an air show, this rule satisfies the requirements of
paragraph (34)(h). Under figure 2-1, paragraph (34)(h), of the
Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1
0
2. Add Sec. 100.736 to read as follows:
Sec. 100.736 Annual Fort Myers Beach air show; Fort Myers Beach, FL.
(a)(1) Regulated Area. The regulated area is formed by the
following coordinates; point 1: 26[deg]28'08'' N, 81[deg]59'15'' W
south to point 2: 26[deg]27'37'' N, 81[deg]59'39'' W east to point 3:
26[deg]25'45'' N, 81[deg]55'34'' W north to point 4: 26[deg]26'14'' N,
81[deg]55'22'' W and west along the contour of the shore to point 5:
26[deg]27'52'' N, 81[deg]58'04'' W to original point 1: 26[deg]28'08''
N, 81[deg]59'15'' W. All coordinates referenced use datum: NAD 83.
(2) Air Box Area. The air box area is contained within the
regulated area and is formed by the following coordinates; point 1:
26[deg]27'34'' N, 81[deg]58'22'' W south to point 2: 26[deg]27'07'' N,
81[deg]58'39'' W east to point 3: 26[deg]26'15'' N, 81[deg]56'36'' W
north to point 4: 26[deg]26'42'' N, 81[deg]56'22'' W and west to
original point 1: 26[deg]27'34'' N, 81[deg]58'22'' W. All coordinates
referenced use datum: NAD 83.
(b) Special local regulations.
(1) Vessels and persons are prohibited from entering the air box
area defined in paragraph (a)(2) of this section.
(2) No vessel may anchor/moor or transit within the regulated area
defined in paragraph (a)(1) of this section, with the exception of
vessel transit permitted in the marked channel as set forth in
paragraph (b)(3) of this section.
(3) Vessels entering and exiting Matanzas Pass Channel will be
allowed to transit using the marked channel only at Matanzas Pass
Channel day beacon 3 (26[deg]25'54'' N, 82[deg]58'12'' W, LLNR
16365) and 4 (26[deg]26'06'' N, 82[deg]57'48'' W, LLNR 16370)
but may not linger within the regulated area. All coordinates
referenced use datum: NAD 83.
(c) Dates. This section will be enforced annually on the second
consecutive Friday, Saturday, and Sunday of May from 8:30 a.m. until
4:30 p.m.
Dated: May 10, 2005.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 05-10047 Filed 5-19-05; 8:45 am]
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