[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Rules and Regulations]
[Pages 29195-29197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10047]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-15-P