[Federal Register Volume 70, Number 101 (Thursday, May 26, 2005)]
[Rules and Regulations]
[Pages 30358-30360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10592]


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

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.

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

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]
BILLING CODE 4910-15-P