[Federal Register: March 27, 2006 (Volume 71, Number 58)]
[Rules and Regulations]
[Page 15033-15035]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr06-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD 07-06-020]
RIN 1625-AA08
Special Local Regulations: St. Petersburg Grand Prix Air Show;
St. Petersburg, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the St. Petersburg Grand Prix Air Show, St. Petersburg,
Florida (Air Show). The Air Show's aeronautic displays will be held
daily from 9 a.m. until 4 p.m. on March 31, 2006 through April 3, 2006.
This regulation is needed to restrict persons and vessels from
entering, anchoring, mooring, or transiting the regulated area. This
regulation is necessary to ensure the safety of Air Show participants,
spectators, and mariners in the area.
DATES: This rule is effective from March 31, 2006 through April 3,
2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD 07-06-020] and are available for
inspection or copying at Coast Guard Sector St. Petersburg, 155
Columbia Drive, Tampa, Florida 33606-3598, between 7:30 a.m. and 3:30
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: BM1 Charles Voss at Coast Guard Sector
St. Petersburg (813) 228-2191 Ext 8307.
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. The necessary information to
determine whether the Air Show poses a threat to persons and vessels
was not provided with sufficient time to publish an NPRM. Publishing an
NPRM and delaying its effective date would be contrary to the public
interest since immediate action is needed to minimize potential danger
to the public during the Air Show. The Coast Guard will issue a
broadcast notice to mariners to advise mariners of the restriction and
on scene Coast Guard and local law enforcement assets will also provide
notice to mariners.
For the same reasons, 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. The Coast Guard will
issue a broadcast notice to mariners to advise them of the restriction.
Background and Purpose
The City of St. Petersburg and Honda Motor Company are sponsoring
the St. Petersburg Grand Prix, an auto race in the downtown area of St.
Petersburg, Florida on March 31, 2006 through April 3, 2006. An Air
Show is also included in the race festivities and consists of aerial
demonstrations over the near shore waters of St. Petersburg, Florida.
The demonstrations will total approximately seventy-one (71) minutes of
flight time per day. Aerial demonstrations will include military
aircraft, parachute jumpers, and smaller aircraft flying in formation
at approximately fifty (50) feet above the water.
Discussion of Rule
The Federal Aviation Administration (FAA) will create a sterile
``no-fly'' zone (air box) above the restricted waters encompassed by
this regulation. Following creation of the air box, the
[[Page 15034]]
FAA requested all vessels be prohibited from entering the waters
underneath the air box (regulated area) to ensure spectator and Air
Show participant safety.
All vessels and persons are prohibited from entering, anchoring,
mooring, or transiting the regulated area during the aerial
demonstrations. This regulation is intended to provide for the safety
of life on the navigable waters of the United States for Air Show
participants, spectators and mariners transiting in the vicinity of the
regulated area.
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). The Coast Guard expects the impact of this proposal to
be so minimal that a full Regulatory Evaluation under the regulatory
policies and procedures of DHS is unnecessary because the regulated
area will only be in effect for a limited period of time.
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 or operators of vessels intending to
transit or anchor in the vicinity of the Albert Whitted airport in St.
Petersburg, Florida from 9 a.m. to 4 p.m. on March 31, 2006 through
April 3, 2006. This special local regulation will not have a
significant economic impact on a substantial number of small entities
as this rule will be in effect for only a short period of time in an
area where vessel traffic is minimal. Additionally, enforcement of this
regulation will only occur from 9 a.m. to 4 p.m. each day the
regulation in effect and the Captain of the Port of St. Petersburg or
his designated representative may allow certain vessels to transit the
regulated area if requested.
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.
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,
[[Page 15035]]
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. 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 amends 33
CFR part 100 as follows:
PART 100--MARINE EVENTS & REGATTAS
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. A new temporary section 100.35T-07-020 is added to read as follows:
Sec. 100.35T-07-020 St. Petersburg Grand Prix Air Show; St.
Petersburg, FL.
(a) Regulated Area. The Coast Guard is establishing a temporary
special local regulation on the waters of St., Petersburg, Florida in
the vicinity of the Albert Whitted Airport encompassing all waters
located within an imaginary line connecting the following points (NAD
83):
1: 27[deg]46'16'' N., 82[deg]37'31'' W.;
2: 27[deg]45'13'' N., 82[deg]37'31'' W.;
3: 27[deg]45'13'' N., 82[deg]36'57'' W.;
4: 27[deg]46'16'' N., 82[deg]36'57'' W.
(b) Definitions. The following definitions apply to this section:
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 (COTP), Coast Guard
Sector St. Petersburg, in the enforcement of this special local
regulation.
(c) Special local Regulations. Non-participant vessels and persons
are prohibited from entering, anchoring, mooring, or transiting the
Regulated Area, unless authorized by the Captain of the Port St.
Petersburg, or his designated representative.
(d) Enforcement period. This regulation will be enforced from 9
a.m. until 4 p.m. on March 31, 2006, April 1, 2006, April 2, 2006 and
April 3, 2006.
(e) Dates. This regulation is effective from March 31, 2006 until
April 3, 2006, however enforcement will occur as described in paragraph
(d) above.
Dated: March 7, 2006.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 06-2910 Filed 3-24-06; 8:45 am]
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