[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 9110-04-P