[Federal Register: May 26, 2005 (Volume 70, Number 101)]
[Rules and Regulations]
[Page 30358-30360]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my05-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-05-033]
RIN 1625-AA00
Safety Zone; Jones Beach Air Show, Jones Beach, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Jones Beach Air show, Jones Beach, New York. The safety zone will
provide for safety of navigation of the maritime public viewing the air
show and the air show practice sessions, which consists of aircraft
performing aerobatics over the water area off of Jones Beach specified
within this safety zone. This temporary safety zone is necessary to
protect the maritime community viewing this event from the hazards
inherent with an air show. Entry into this zone is prohibited unless
authorized by the Captain of the Port, Long Island Sound, New Haven,
Connecticut.
DATES: This rule is effective from May 27, 2005, until May 29, 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 CGD01-05-033 and are available for inspection or
copying at Group/MSO Long Island Sound, New Haven, CT, between 9 a.m.
and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Chief, Waterways
Management Division, Coast Guard Group/Marine Safety Office Long Island
Sound at (203) 468-4429.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM and for making this rule
effective in less than 30 days after publication. Jones Beach State
Park submitted a Biological Opinion discussing environmental impacts of
the air show on May 3, 2005. Due to the late completion of the
Application for Approval of Marine Event by Jones Beach State Park,
specifically the late submission of required environmental
documentation, insufficient time remained to draft and publish an NPRM
and publish the rule at least 30 days prior to its effective date.
Any delay in the effective date of this regulation would be
contrary to the public interest as immediate action is necessary to
close a portion of the Atlantic Ocean off of Jones Beach New York to
protect the maritime community from the hazards associated with the air
show.
Background and Purpose
The New York State Office of Parks, Recreation and Historic
Preservation is sponsoring an air show at Jones Beach State Park. Jones
Beach State Park is located on the south shore of Long Island, New
York. The air show will consist of aircraft performing aerobatics in
close proximity to other aircraft over a specified area of the Atlantic
Ocean off of Jones Beach State Park. Several aerial groups will
participate in the Air show, including the United States Air Force
Thunderbirds. The entire air show will take place over the waters of
the Atlantic Ocean immediately to the south of Jones Beach Island. The
Coast Guard is establishing a safety zone in order to provide for the
safety of the maritime community and spectators viewing the air show
from the water, should an accident, namely, collision of aircraft,
occur during the show. The safety zone will be in place from May 27,
2005, through May 29, 2005. Air shows will be held on May 28, 2005, and
May 29, 2005. The air shows will take place from 10 a.m. to 3 p.m. each
day. Practice air shows will be held on May 27, 2005, from 2 p.m. to 3
p.m. This rule will be enforced from 1 p.m. to 3:30 p.m. on Friday May
27, 2005, and 9 a.m. to 3:30 p.m. each day on May 28, 2005, and May 29,
2005, providing for sufficient time to clear the safety zone area prior
to the practice sessions or shows, as well as additional time should
the shows run over the scheduled period. The actual air show will be
conducted within an area which is contained in and smaller than the
safety zone area outlined by the coordinates indicated above. The
larger safety zone area is needed to protect the boating community from
the inherent hazards of air shows.
Discussion of Rule
The New York State Office of Parks, Recreation and Historic
Preservation is sponsoring an air show at the Jones Beach State Park on
May 28, 2005, and May 29, 2005. A practice session for this air show
will be held on May 27, 2005. A safety zone is necessary to protect the
maritime community from the hazards associated with an air show. This
rule will be enforced from 1 p.m. to 3:30 p.m. on Friday May 27, 2005,
and 9 a.m. to 3:30 p.m. each day on May 28, 2005, and May 29, 2005. The
safety zone will be established by reference to geographic coordinates,
consisting as follows: Beginning at a point on land located in Jones
Beach State Park at approximate position 40[deg]35[min]06[sec] N,
073[deg]32[min]37[sec] W, then running east along the shoreline of
Jones Beach State Park to approximate position 40[deg]35[min]49[sec] N,
073[deg]28[min]47[sec] W; then running south to an position in the
Atlantic Ocean off of Jones Beach at approximate position
40[deg]34[min]23[sec] N, 073[deg]32[min]23[sec] W; then running west to
approximate position 40[deg]35[min]05[sec] N, 073[deg]28[min]34[sec] W;
then running north to the point of beginning at approximate position
40[deg]35[min]06[sec] N, 073[deg]32[min]37[sec] W. All coordinates are
North American Datum 1983.
Any violation of the safety zone described herein, is punishable
by, among others, civil and criminal penalties, in rem liability
against the offending vessel, and license sanctions.
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
[[Page 30359]]
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. This regulation may have some impact on the
public, but these potential impacts will be minimized for the following
reasons: The zone will only be enforced for a temporary period each day
over three days, and vessels may transit in all areas around the zone
at all times.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 or operators of vessels intending to
transit or anchor in those portions of Atlantic Ocean off of Jones
Beach State Park, Wantagh, New York covered by the safety zone.
For the reasons outlined in the Regulatory Evaluation section
above, this rule will not have a significant impact on a substantial
number of small entities.
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.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard
wants to assist small entities in understanding this rule so that they
can better evaluate its effects on them and participate in the
rulemaking. If this rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please call
Lieutenant A. Logman, Waterways Management Officer, Group/Marine Safety
Office Long Island Sound, at (203) 468-4429.
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.
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 would not concern 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 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.
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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
The Coast Guard considered the environmental impact of this rule
and
[[Page 30360]]
concluded that, under figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
0
2. From May 27, 2005 to May 29, 2005 add temporary Sec. 165.T01-033 to
read as follows:
Sec. 165.T01-033 Safety Zone; Jones Beach Air show, Jones Beach,
Wantagh, NY.
(a) Location. Beginning at a point on land located in Jones Beach
State Park at approximate position 40[deg]35'06'' N, 073[deg]32'37'' W,
then running east along the shoreline of Jones Beach State Park to
approximate position 40[deg]35'49'' N, 073[deg]28'47'' W; then running
south to an position in the Atlantic Ocean off of Jones Beach at
approximate position 40[deg]34'23'' N, 073[deg]32'23'' W; then running
west to approximate position 40[deg]35'05'' N, 073[deg]28'34'' W; then
running north to the point of beginning at approximate position
40[deg]35'06'' N, 073[deg]32'37'' W. All coordinates are North American
Datum 1983.
(b) Enforcement Period. This rule will be enforced from 1 p.m. to
3:30 p.m. on Friday May 27, 2005 and 9 a.m. to 3:30 p.m. each day on
May 28, 2005 and May 29, 2005.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port (COTP), Long
Island Sound.
(2) All persons and vessels must comply with the Coast Guard
Captain of the Port or designated on-scene patrol personnel. On-scene
Coast Guard patrol personnel include commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels. Upon
being hailed by siren, radio, flashing light or other means from a U.S.
Coast Guard vessel or other vessel with on-scene patrol personnel
aboard, the operator of the vessel shall proceed as directed.
Dated: May 20, 2005.
J.J. Plunkett,
Commander, U.S. Coast Guard, , Acting Captain of the Port, Long Island
Sound.
[FR Doc. 05-10592 Filed 5-23-05; 3:44 pm]
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