[Federal Register Volume 71, Number 203 (Friday, October 20, 2006)]
[Rules and Regulations]
[Pages 61901-61903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17576]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Sector St. Petersburg 06-175]
RIN 1625-AA00


Safety Zone; Albert Witted Air Show, Tampa Bay, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary safety zones on the 
waters of Tampa Bay, Florida. These safety zones will ensure the safety 
of mariners during the Albert Whitted Air Show, an event that will 
include low flying demonstrations over the waters of Tampa Bay, Florida 
in the vicinity of the Albert Whitted Airport. This regulation is 
necessary for the safety of life on the navigable waters of the United 
States.

[[Page 61902]]


DATES: This rule is effective from 11:30 a.m. on October 20, 2006 
through 6 p.m. on October 22, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP Sector St. Petersburg 06-175] and 
are available for inspection or copying at Coast Guard Sector St. 
Petersburg, Prevention Department, 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: LT Ronaydee Marquez at Coast Guard 
Sector St. Petersburg, Prevention Department, (813) 228-2191, Ext. 
8203.

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 details for the 
final date of the air show and the location of the safety zones 
surrounding it were 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 and participants during the air 
show. This safety zone is necessary to ensure the safety of mariners in 
the vicinity of Albert Whitted Airport due to low-flying aerobatic 
demonstrations over the waters of Tampa Bay, Florida. The Coast Guard 
will issue a broadcast notice to mariners to advise mariners of the 
restriction. Coast Guard assets on scene will also provide notice of 
the safety zone 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.

Background and Purpose

    The Albert Whitted Airport will host an open house/air show October 
20 through October 22, 2006, in Tampa Bay, Florida. The event will 
include low flying aerobatic demonstrations over the near shore waters 
of Tampa Bay, Florida. Demonstrations will include F-15 jet aircraft, 
parachute jumpers, and smaller aircraft flying in formation at 
altitudes 50 feet off the water. The military jet aircraft 
demonstrations will require a large aerial demonstration safety zone. 
This large zone will require Bayboro Harbor to be closed and will be 
enforced during the military jet aircraft demonstration. A smaller 
aerial demonstration safety zone will be enforced during all other 
aerial demonstrations throughout the event. These safety zones are 
being established to ensure safety of life on the navigable waters of 
the United States.

Discussion of Rule

    These safety zones encompass all waters of Tampa Bay, Florida in 
the vicinity of the Albert Whitted Airport within two aerial 
demonstration areas. The large aerial demonstration safety zone is 
approximately 1,000 yards wide by 2,180 yards long with a north south 
orientation, and will accommodate the fast-moving low-flying military 
jet aircraft. The smaller aerial demonstration safety zone is 
approximately 500 yards wide by 1,500 yards long with a north south 
orientation, and will accommodate the smaller aerobatic aircraft. This 
will minimize the restriction of vessel movement into or out of Bayboro 
Harbor, St. Petersburg, Florida. Vessels and persons are prohibited 
from anchoring, mooring, or transiting within these zones, unless 
authorized by the Captain of the Port Sector St. Petersburg or his 
designated representative. The large aerial demonstration safety zone 
will be enforced from 2:30 p.m. until 3:30 p.m., October 20, 21 and 22, 
2006; the smaller aerial demonstration safety zone will be enforced 
from 11:30 a.m. until 6 p.m., October 20, 21 and 22, 2006.

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.
    The Coast Guard expects the impact of this rule to be so minimal 
that a full Regulatory Evaluation is unnecessary because these safety 
zones will only be in effect for a short period of time. Moreover, 
vessels may enter with the express permission of the Captain of the 
Port of Sector St. Petersburg or his designated representative.

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 Tampa Bay near St. Petersburg Albert Whitted Airport, Florida 
from 11:30 a.m. to 6 p.m. on October 20, 2006 through October 22, 2006. 
These safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for a short period of time in an area where 
vessel traffic is extremely low. Additionally, vessel traffic may be 
allowed to enter the safety zones with the express permission of the 
Captain of the Port Sector St. Petersburg or his designated 
representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    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.

[[Page 61903]]

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 
and Department of Homeland Security Management Directive 5100.l, 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)(g), of the Instruction, from further environmental 
documentation. An ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are 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; 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. Add a new temporary Sec.  165.T07-175 to read as follows:


Sec.  165.T07-175  Safety Zones; Tampa Bay Florida.

    (a) Location. The Coast Guard is establishing two temporary safety 
zones on the waters of Tampa Bay, Florida in the vicinity of the Albert 
Whitted Airport encompassing all waters, from surface to bottom, 
located within the following two areas. All coordinates referenced use 
Datum: NAD 1983.
    (1) Large aerial demonstration safety zone:

    1: 27[deg]46[min]16[sec] N, 82[deg]37[min]31[sec] W;
    2: 27[deg]45[min]13[sec] N, 82[deg]37[min]31[sec] W;
    3: 27[deg]45[min]13[sec] N, 82[deg]36[min]57[sec] W;
    4: 27[deg]46[min]16[sec] N, 82[deg]36[min]57[sec] W;

    (2) Small aerial demonstration safety zone:

    1: 27[deg]46[min]14[sec] N, 82[deg]37[min]33[sec] W;
    2: 27[deg]46[min]14[sec] N, 82[deg]37[min]17[sec] W;
    3: 27[deg]45[min]35[sec] N, 82[deg]37[min]17[sec] W;
    4: 27[deg]45[min]35[sec] N, 82[deg]37[min]33[sec] W.

    (b) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entry into either of these safety zones is 
prohibited to all vessels and persons without the prior permission of 
the Coast Guard Captain of the Port Sector St. Petersburg or his 
designated representative.
    (c) Enforcement Period. Enforcement of the safety zone identified 
in paragraph (a)(1) will be from 2:30 p.m. to 3:30 p.m. on October 20, 
21 and 22, 2006. Enforcement of the safety zone identified in paragraph 
(a)(2) will be from 11:30 a.m. to 6 p.m. on October 20, 21 and 22, 
2006.
    (d) Effective Period. This rule is effective from 11:30 a.m. on 
October 20, 2006 through 6 p.m. on October 22, 2006.

    Dated: October 4, 2006.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port, Sector St. Petersburg, 
Florida.
[FR Doc. E6-17576 Filed 10-19-06; 8:45 am]
BILLING CODE 4910-15-P