[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Rules and Regulations]
[Pages 15033-15035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2910]


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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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