[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Rules and Regulations]
[Pages 50019-50021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20336]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0633]
RIN 1625-AA00


Safety Zone; Cocoa Beach Air Show, Atlantic Ocean, Cocoa Beach, 
FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Atlantic Ocean located east of Cocoa Beach, Florida 
during the Cocoa Beach Air Show. The Cocoa Beach Air Show will include 
aircraft engaging in aerobatic maneuvers. The event is scheduled to 
take place on Saturday, September 22, 2012, and Sunday, September 23, 
2012. The temporary safety zone is necessary for the safety of air show 
participants, participant aircraft, spectators, and the general public 
during the event. Persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the safety zone 
unless authorized by the Captain of the Port Jacksonville or a 
designated representative.

DATES: This rule is effective from 10 a.m. on September 22, 2012 
through 5:30 p.m. on September 23, 2012. This rule will be enforced 
from 10 a.m. to 5:30 p.m. on September 22, 2012, and from 10 a.m. to 
5:30 p.m. on September 23, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0633]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Robert S. Butts, Sector Jacksonville 
Prevention Department, Coast Guard; telephone 904-564-7563, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard did not receive 
necessary information regarding the event with sufficient time to 
publish an NPRM and to receive public comments prior to the event. Any 
delay in the effective date of this rule would be contrary to the 
public interest because immediate action is needed to minimize 
potential danger to air show participants, participant aircraft, 
spectators, and the general public.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect air show participants, 
participant aircraft, spectators, and the general public from the 
hazards associated with aircraft performing low-flying aerobatic 
maneuvers, and the gathering of large numbers of spectator craft over 
navigable waters of the United States.

[[Page 50020]]

C. Discussion of the Final Rule

    On Saturday, September 22, 2012, and Sunday, September 23, 2012, 
the Brevard Air, Sea and Space foundation, is hosting the Cocoa Beach 
Air Show. The Cocoa Beach Air Show will include approximately 20 
aircraft engaging in aerobatic maneuvers over the Atlantic Ocean east 
of Cocoa Beach, Florida. It is expected that 50 spectator vessels will 
be present in the area during the event. The high speed at which 
participant aircraft will be travelling and the maneuvers they will be 
performing pose a safety hazard to air show participants, participant 
aircraft, spectators, and the general public.
    The safety zone encompasses certain navigable waters of the 
Atlantic Ocean in the vicinity of Cocoa Beach, Florida. The safety zone 
will be enforced from 10 a.m. until 5:30 p.m. on Saturday, September 
22, 2012, and from 10 a.m. until 5:30 p.m. on Sunday, September 23, 
2012. Persons and vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within the safety zone unless 
authorized by the Captain of the Port Jacksonville or a designated 
representative. Persons and vessels desiring to enter, transit through, 
anchor in, or remain within the safety zone may contact the Captain of 
the Port Jacksonville by telephone at 904-564-7511, or a designated 
representative via VHF radio on channel 16, to request authorization. 
The Coast Guard will provide notice of the safety zone by Local Notice 
to Mariners, Broadcast Notice to Mariners, and on-scene designated 
representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The economic impact of 
this rule is not significant for the following reasons: (1) The safety 
zone will be enforced for less than a total of 23 hours; (2) although 
persons and vessels will not be able to enter, transit through, anchor 
in, or remain within the safety zone without authorization from the 
Captain of the Port Jacksonville or a designated representative, they 
may operate in the surrounding area during the enforcement periods; (3) 
persons and vessels may still enter, transit through, anchor in, or 
remain within the safety zone if authorized by the Captain of the Port 
Jacksonville or a designated representative; and (4) the Coast Guard 
will provide advance notification of the safety zone to the local 
maritime community by Local Notice to Mariners and Broadcast Notice to 
Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 
enter, transit through, anchor in, or remain within that portion of the 
Atlantic Ocean encompassed within the safety zone from 10 a.m. until 
5:30 p.m. on September 22, 2012 and September 23, 2012. For the reasons 
discussed in the Executive Order 12866 and Executive Order 13563 
section above, this rule will not have a significant economic impact on 
a substantial number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT, above.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

[[Page 50021]]

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves establishing a temporary safety zone 
that will be enforced for less than a total of 23 hours during the 
specified operating hours of the event. This rule is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    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. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add a temporary Sec.  165.T07-0633 to read as follows:


Sec.  165.T07-0633  Safety Zone; Cocoa Beach Air Show, Atlantic Ocean, 
Cocoa Beach, FL.

    (a) Regulated Area. The following regulated area is a safety zone. 
All waters of the Atlantic Ocean located east of Cocoa Beach, Florida 
encompassed within an imaginary line connecting the following points: 
starting at Point 1 in position 28[deg]20.654' N, 80[deg]35.648' W; 
thence South to Point 2 in position 28[deg]19.658' N, 80[deg]35.736' W; 
thence West to Point 3 in position 28[deg]19.701' N, 80[deg]36.293' W; 
thence North to Point 4 in position 28[deg]20.692' N, 80[deg]36.205' W; 
thence east back to origin.
    (b) Definition. The term ``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 Jacksonville in the enforcement of the regulated 
area.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port 
Jacksonville or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Jacksonville by telephone at 904-564-7511, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Jacksonville 
or a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Jacksonville or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Effective Date and Enforcement Periods. This rule is effective 
from 10 a.m. on September 22, 2012 through 5:30 p.m. on September 23, 
2012. This rule will be enforced daily from 10 a.m. until 5:30 p.m. on 
September 22, 2012, and September 23, 2012.

    Dated: July 26, 2012.
R.E. Holmes,
Commander, U.S. Coast Guard, Acting Captain of the Port Jacksonville.
[FR Doc. 2012-20336 Filed 8-17-12; 8:45 am]
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