Special Local Regulations: Annual Fort Myers Beach Air Show, Fort Myers Beach, FL, 16781-16784 [05-6477]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Proposed Rules
employer’s misrepresentation regarding
such offers of employment may be filed
with the Department of Justice, Civil
Rights Division, Office of Special
Counsel for Immigration-Related Unfair
Employment Practices, 950
Pennsylvania Avenue, NW.,
Washington, DC 20530, telephone: 1
(800) 255–8155 (employers), 1 (800)
255–7688 (employees); Web address:
https://www.usdoj.gov/crt/osc.’’
10. Section 655.736 is amended in
paragraph (g)(1) by removing the phrase
‘‘paragraph (2)(g) of this section’’ where
it appears and adding in lieu thereof the
phrase ‘‘paragraph (g)(2) of this section’’
and by revising paragraphs (c)
introductory text, (g)(2), and (g)(4) to
read as follows:
§ 655.736 What are H–1B-dependent
employers and willful violators?
*
*
*
*
*
(c) Which employers are required to
make determinations of H–1Bdependency status? Every employer that
intends to file an LCA regarding H–1B
nonimmigrants or to file H–1B
petition(s) or request(s) for extension(s)
of H–1B status from January 19, 2001,
through September 30, 2003, and after
March 7, 2005, is required to determine
whether it is an H–1B-dependent
employer or a willful violator which,
except as provided in § 655.737, will be
subject to the additional obligations for
H–1B-dependent employers (see
paragraph (g) of this section). No H–1Bdependent employer or willful violator
may use an LCA filed before January 19,
2001, and during the period of October
1, 2003, through March 7, 2005, to
support a new H–1B petition or request
for an extension of status. Furthermore,
on all H–1B LCAs filed from January 19,
2001, through September 30, 2003, and
on or after March 8, 2005, an employer
will be required to attest as to whether
it is an H–1B-dependent employer or
willful violator. An employer that
attests that it is non-H–1B-dependent
but does not meet the ‘‘snap shot’’ test
set forth in paragraph (c)(2) of this
section shall make and document a full
calculation of its status. However, as
explained in paragraphs (c)(1) and (2),
which follow, most employers would
not be required to make any calculations
or to create any documentation as to the
determination of H–1B status.
*
*
*
*
*
(g) * * *
*
*
*
*
*
(2) During the period between January
19, 2001, through September 30, 2003,
and on or after March 8, 2005, any
employer that is ‘‘H–1B-dependent’’
(under the standards described in
paragraphs (a) through (e) of this
VerDate jul<14>2003
16:35 Mar 31, 2005
Jkt 205001
section) or is a ‘‘willful violator’’ (under
the standards described in paragraph (f)
of this section) shall file a new LCA
accurately indicating that status in order
to be able to file petition(s) for new H–
1B nonimmigrant(s) or request(s) for
extension(s) of status for existing H–1B
nonimmigrant(s). An LCA filed during a
period when the special attestation
obligations for H–1B dependent
employers and willful violators were
not in effect (that is before January 19,
2001, and from October 1, 2003, through
March 7, 2005) may not be used by an
H–1B dependent employer or willful
violator to support petition(s) for new
H–1B nonimmigrant(s) or request(s) for
extension(s) of status for existing H–1B
nonimmigrants.
*
*
*
*
*
(4) The special provisions for H–1Bdependent employers and willful
violator employers do not apply to LCAs
filed from October 1, 2003, through
March 7, 2005, or before January 19,
2001. However, all LCAs filed before
October 1, 2003, and containing the
additional attestation obligations
described in this section and §§ 655.737
through 655.739, will remain in effect
with regard to those obligations, for so
long as any H–1B nonimmigrant(s)
employed pursuant to the LCA(s)
remain employed by the employer.
§ 655.740
[Amended]
11. Section 655.740 is amended in
paragraphs (a) introductory text and
(a)(1) by removing the phrase ‘‘regional
Certifying Officer’’ where it appears and
adding in lieu thereof the phrase
‘‘Certifying Officer,’’ and in paragraph
(a)(3) by removing the phrase ‘‘the
regional office’’ and adding in lieu
thereof ‘‘ETA.’’
12. Section 655.750 is amended by
revising paragraphs (a) and (b)(2) to read
as follows:
§ 655.750 What is the validity period of the
labor condition application?
(a) Validity of certified labor
condition applications. A labor
condition application certified pursuant
to the provisions of § 655.740 is valid
for the period of employment indicated
on Form ETA 9035E or ETA 9035 by the
authorized DOL official. The validity
period of a labor condition application
will not begin before the application is
certified and the period of authorized
employment shall not exceed three
years. However, in the event
employment pursuant to section 214(n)
of the INA (formerly section 214(m),
addressing increased portability of H–
1B status) commences prior to
certification of the labor condition
application, the attestation requirements
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
16781
of the subsequently certified application
shall apply back to the first date of
employment. Where the labor condition
application contains multiple periods of
intended employment, the validity
period shall extend to the latest date
indicated or three years, whichever
comes first.
(b) * * *
*
*
*
*
*
(2) Requests for withdrawals shall be
in writing and shall be sent to ETA. ETA
shall publish a Notice in the Federal
Register identifying the address, and
any future address changes, to which
requests for withdrawals shall be
mailed, and shall also post these
addresses on the DOL Internet Web site
at https://www.lca.doleta.gov.
*
*
*
*
*
13. Section 655.760 is amended by
revising paragraph (a)(1) to read as
follows:
§ 655.760 What records are to be made
available to the public, and what records
are to be retained?
(a) * * *
(1) A copy of the certified labor
condition application (Form ETA 9035E
or Form ETA 9035) and cover pages
(Form ETA 9035CP). If the Form ETA
9035E is submitted electronically, a
printout of the certified application
shall be signed by the employer and
maintained in its files and included in
the public examination file.
*
*
*
*
*
Signed in Washington, DC, this 28th day of
March, 2005.
Emily Stover DeRocco,
Assistant Secretary, Employment and
Training Administration.
[FR Doc. 05–6454 Filed 3–31–05; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD 07–05–012]
RIN 1625–AA08
Special Local Regulations: Annual Fort
Myers Beach Air Show, Fort Myers
Beach, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish permanent special local
regulations for the Fort Myers Beach Air
Show, Fort Myers Beach, Florida. This
E:\FR\FM\01APP1.SGM
01APP1
16782
Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Proposed Rules
event is proposed to be held annually
on the second Friday, Saturday, and
Sunday of May between 8:30 a.m. and
4:30 p.m. EDT (Eastern Daylight Time).
This proposed regulation is needed to
restrict persons and vessels from
entering the sterile zone (air box) below
the aerial demonstration and restrict
vessels from mooring/anchoring or
transiting within the surrounding
regulated area with the exception of the
Matanzas Pass Channel. This proposed
rule is necessary to ensure the safety of
life for the participating aircraft,
spectators, and mariners in the area on
the navigable waters of the United
States.
DATES: Comments and related material
must reach the Coast Guard on or before
May 2, 2005.
ADDRESSES: You may mail comments
and related material to Coast Guard
Marine Safety Office Tampa, 155
Columbia Drive, Tampa, Florida 33606–
3598. The Waterways Management
Division maintains the public docket for
this rulemaking. Comments and
material received from the public, as
well as documents indicated in this
preamble as being available in the
docket, will become part of this docket
and will be available for inspection or
copying at Coast Guard Marine Safety
Office Tampa between 7:30 a.m. and 4
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Jennifer
Andrew at Coast Guard Marine Safety
Office Tampa (813) 228–2191 Ext 8203.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD 07–05–012),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to Coast Guard
Marine Safety Office Tampa at the
VerDate jul<14>2003
16:35 Mar 31, 2005
Jkt 205001
address under ADDRESSES explaining
why one would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
The South West Florida Aviation
Foundation’s show involves the
performance of aerial demonstrations
over the near-shore waters of Fort Myers
Beach, Florida. The annual event is
proposed for the second Friday,
Saturday, and Sunday of May from 8:30
a.m. until 4:30 p.m. The nature of aerial
demonstrations requires aircraft to use
markers in the water as points of
reference for aircraft maneuvers. The
Federal Aviation Administration (FAA)
has published guidelines that aircraft
must comply with based on the speed
of the aircraft involved and the location
of the audience. This proposed
regulation is in accordance with those
guidelines for the sterile zone (air box)
as well as egress routes and vessel
movements outside the air box.
Discussion of Proposed Rule
The proposed regulations will include
a sterile zone (air box) directly under
the aerial demonstration over the nearshore waters of Fort Myers Beach in Lee
County, Florida. All vessels and persons
would be prohibited from entering,
anchoring, mooring or transiting the
proposed regulated area. Vessel traffic
will be allowed to enter and exit
Matanzas Pass Channel using the
marked channel at Matanzas Pass
Channel daybeacon #3 (26°25′54″ N,
82°58′12″ W, LLNR 16365) and #4
(26°26′06″ N, 82°57′48″ W, LLNR 16370)
but may not linger within the regulated
area. This proposed regulation is
intended to provide for the safety of life
on the navigable waters of the United
States for Air Show participants and for
mariners traveling in the vicinity of the
Air Show and is based on FAA
guidelines in the FAA Code: Order
8700.1, Operations Inspector Handbook,
Volume 2, Chapter 49. All coordinates
referenced use datum NAD 83.
Regulatory Evaluation
This proposed 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
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
Department of Homeland Security
(DHS).
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. The proposed
regulation would last for only eight
hours on each of the three event days.
Vessel traffic is low in this area and
vessels will still be allowed to enter and
exit through the Matanzas Pass Channel.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule may affect
the following entities, some of which
may be small entities: the owners and
operators of vessels intending to transit
near to shore at Fort Myers Beach, FL
in the vicinity of Matanzas Pass
annually from 8:30 a.m. to 4:30 p.m. on
the second Friday, Saturday, and
Sunday in May. This proposed rule
would not have a significant economic
impact on a substantial number of small
entities since it would be in effect for
only eight hours a day on each of the
three event days. Vessel traffic is low in
this area and vessels will still be
allowed to enter and exit through the
Matanzas Pass Channel.
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 section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
E:\FR\FM\01APP1.SGM
01APP1
Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Proposed Rules
compliance, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT. 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.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed 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 create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
VerDate jul<14>2003
16:35 Mar 31, 2005
Jkt 205001
Indian Tribal Governments
This proposed 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 proposed 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD, 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
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
16783
Instruction, from further environmental
documentation. As a special local
regulation issued in conjunction with an
air show, this proposed rule satisfies the
requirements of paragraph (34)(h).
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. Comments on this
section will be considered before we
make the final decision on whether to
categorically exclude this rule from
further environmental review.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—MARINE EVENTS &
REGATTAS
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.
2. Add § 100.736 to read as follows:
§ 100.736 Annual Fort Myers Beach Air
Show; Fort Myers Beach, FL.
(a)(1) Regulated Area. The regulated
area is formed by the following
coordinates; point 1: 26°28′08″ N,
81°59′15″ W south to point 2: 26°27′37″
N, 81°59′39″ W east to point 3:
26°25′45″ N, 81°55′34″ W north to point
4: 26°26′14″ N, 81°55′22″ W and west
along the contour of the shore to point
5: 26°27′52″ N, 81°58′04″ W to original
point 1: 26°28′08″ N, 81°59′15″ W. All
coordinates referenced use datum: NAD
83.
(2) Air Box Area. The air box area is
contained within the regulated area and
is formed by the following coordinates;
point 1: 26°27′34″ N, 81°58′22″ W south
to point 2: 26°27′07″ N, 81°58′39″ W
east to point 3: 26°26′15″ N, 81°56′36″
W north to point 4: 26°26′42″ N,
81°56′22″ W and west to original point
1: 26°27′34″ N, 81°58′22″ W. All
coordinates referenced use datum: NAD
83.
(b) Special local Regulations.
(1) Vessels and persons are prohibited
from entering the air box area defined in
paragraph (a)(2).
(2) No vessel may anchor/moor or
transit within the regulated area defined
in paragraph (a)(1), with the exception
of vessel transit permitted in the marked
channel as set forth in (b)(3) below.
(3) Vessels entering and exiting
Matanzas Pass Channel will be allowed
to transit using the marked channel only
E:\FR\FM\01APP1.SGM
01APP1
16784
Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Proposed Rules
at Matanzas Pass Channel day beacon #3
(26°25′54″ N, 82°58′12″ W, LLNR 16365)
and day beacon #4 (26°26′06″ N,
82°57′48″ W, LLNR 16370) but may not
linger within the regulated area. All
coordinates referenced use datum: NAD
83.
(c) Dates. This section will be
enforced annually on the second Friday,
Saturday, and Sunday of May from 8:30
a.m. until 4:30 p.m.
Dated: March 24, 2005.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 05–6477 Filed 3–31–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF EDUCATION
34 CFR Chapter I
Individuals With Disabilities Education
Act, as Amended by the Individuals
With Disabilities Education
Improvement Act of 2004
Office of Special Education and
Rehabilitative Services (OSERS),
Department of Education.
ACTION: Notice of public meetings.
AGENCY:
SUMMARY: The Secretary announces
plans to hold a series of public meetings
to seek comments and suggestions about
proposed regulations, which the
Secretary intends to publish in a Notice
of Proposed Rule Making (NPRM) in the
Spring of 2005, to implement programs
under the recently amended IDEA.
DATES: The public meetings will be held
from 1 p.m. to 4 p.m. and from 5 p.m.
to 7 p.m.:
Monday, June 6, 2005 in San Antonio,
TX;
Friday, June 17, 2005 in Nashville, TN;
Wednesday, June 22, 2005 in
Sacramento, CA;
Friday, June 24, 2005 in Las Vegas, NV;
Monday, June 27, 2005 in New York,
NY;
Wednesday, June 29, 2005 in Chicago,
IL; and
Tuesday, July 12, 2005 in Washington,
DC.
ADDRESSES: OSERS will provide specific
location information through the NPRM
to be published in the Federal Register
in the Spring of 2005.
Individuals who need
accommodations for a disability in order
to attend the meetings (i.e., interpreting
services, assistive listening devices, or
material in alternative formats) should
notify the contact person listed under
FOR FURTHER INFORMATION CONTACT. The
meeting locations will be accessible to
individuals with disabilities.
VerDate jul<14>2003
16:35 Mar 31, 2005
Jkt 205001
Troy
R. Justesen, Acting Deputy Assistant
Secretary, Office of Special Education
and Rehabilitative Services, U.S.
Department of Education, 400 Maryland
Avenue, SW., room 5138, Potomac
Center Plaza, Washington, DC 20202.
Telephone: (202) 245–7468.
If you use a telecommunications
device for the deaf (TDD), you may call
the Federal Relay Service (FRS) at 1–
800–877–8339.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On December 3, 2004, The President
signed into law Public Law 108–446, the
Individuals with Disabilities Education
Improvement Act of 2004, amending the
Individuals with Disabilities Education
Act (IDEA). Copies of the new law may
be obtained at the following Web site:
https://edworkforce.house.gov/issues/
108th/education/idea/conferencereport/
confrept.htm.
Enactment of the new law provides an
opportunity to consider improvements
in the regulations implementing the
IDEA (including both formula and
discretionary grant programs) that
would strengthen the Federal effort to
ensure every child with a disability has
available a free appropriate public
education that is (1) of high quality, and
(2) designed to achieve the high
standards reflected in the No Child Left
Behind Act of 2001 (NCLB) and
regulations. The Secretary intends to
publish an NPRM in the Federal
Register in the Spring of 2005,
proposing regulations to implement the
new law.
Announcement of Public Meetings:
OSERS will be holding a series of public
meetings during June and July of
calendar year 2005, to seek additional
comments and suggestions from the
public after developing and publishing
proposed rules to implement programs
under the recently amended IDEA.
This notice provides information
about dates, locations and times of these
public meetings (see DATES earlier in
this notice).
Electronic Access to this Document:
You may view this document, as well as
all other documents this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF) on the Internet at the
following site: www.ed.gov/news/
fedregister.
To use PDF you must have Adobe
Acrobat Reader, which is available free
at this site. If you have questions about
using PDF, call the U.S. Government
Printing Office (GPO), toll free, at 1–
888–293–6498; or in the Washington,
DC, area at (202) 512–1530.
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
Access at: www.gpoaccess.gov/nara/
index.html.
Dated: March 28, 2005.
John H. Hager,
Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 05–6510 Filed 3–31–05; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–PA–0006; FRL–7893–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; VOC RACT
Determinations for Three Sources
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA proposes to approve the
State Implementation Plan (SIP)
revision submitted by the State of
Pennsylvania for the purpose of
establishing and requiring reasonably
available control technology (RACT) for
three sources of volatile organic
compounds (VOC). In the Final Rules
section of this Federal Register, EPA is
approving the State’s SIP submittal as a
direct final rule without prior proposal
because the Agency views this as a
noncontroversial submittal and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the direct final rule. If no
adverse comments are received in
response to this action, no further
activity is contemplated. If EPA receives
adverse comments, the direct final rule
will be withdrawn and all public
comments received will be addressed in
a subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time.
DATES: Comments must be received in
writing by May 2, 2005.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R03–OAR–
2005–PA–0006 by one of the following
methods:
A. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
E:\FR\FM\01APP1.SGM
01APP1
]]>Agencies
[Federal Register Volume 70, Number 62 (Friday, April 1, 2005)]
[Proposed Rules]
[Pages 16781-16784]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6477]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD 07-05-012]
RIN 1625-AA08
Special Local Regulations: Annual Fort Myers Beach Air Show, Fort
Myers Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish permanent special local
regulations for the Fort Myers Beach Air Show, Fort Myers Beach,
Florida. This
[[Page 16782]]
event is proposed to be held annually on the second Friday, Saturday,
and Sunday of May between 8:30 a.m. and 4:30 p.m. EDT (Eastern Daylight
Time). This proposed regulation is needed to restrict persons and
vessels from entering the sterile zone (air box) below the aerial
demonstration and restrict vessels from mooring/anchoring or transiting
within the surrounding regulated area with the exception of the
Matanzas Pass Channel. This proposed rule is necessary to ensure the
safety of life for the participating aircraft, spectators, and mariners
in the area on the navigable waters of the United States.
DATES: Comments and related material must reach the Coast Guard on or
before May 2, 2005.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office Tampa, 155 Columbia Drive, Tampa, Florida 33606-
3598. The Waterways Management Division maintains the public docket for
this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at Coast Guard Marine Safety Office Tampa between
7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jennifer
Andrew at Coast Guard Marine Safety Office Tampa (813) 228-2191 Ext
8203.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD 07-05-
012), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Coast Guard Marine Safety Office
Tampa at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
The South West Florida Aviation Foundation's show involves the
performance of aerial demonstrations over the near-shore waters of Fort
Myers Beach, Florida. The annual event is proposed for the second
Friday, Saturday, and Sunday of May from 8:30 a.m. until 4:30 p.m. The
nature of aerial demonstrations requires aircraft to use markers in the
water as points of reference for aircraft maneuvers. The Federal
Aviation Administration (FAA) has published guidelines that aircraft
must comply with based on the speed of the aircraft involved and the
location of the audience. This proposed regulation is in accordance
with those guidelines for the sterile zone (air box) as well as egress
routes and vessel movements outside the air box.
Discussion of Proposed Rule
The proposed regulations will include a sterile zone (air box)
directly under the aerial demonstration over the near-shore waters of
Fort Myers Beach in Lee County, Florida. All vessels and persons would
be prohibited from entering, anchoring, mooring or transiting the
proposed regulated area. Vessel traffic will be allowed to enter and
exit Matanzas Pass Channel using the marked channel at Matanzas Pass
Channel daybeacon 3 (26[deg]25'54'' N, 82[deg]58'12'' W, LLNR
16365) and 4 (26[deg]26'06'' N, 82[deg]57'48'' W, LLNR 16370)
but may not linger within the regulated area. This proposed regulation
is intended to provide for the safety of life on the navigable waters
of the United States for Air Show participants and for mariners
traveling in the vicinity of the Air Show and is based on FAA
guidelines in the FAA Code: Order 8700.1, Operations Inspector
Handbook, Volume 2, Chapter 49. All coordinates referenced use datum
NAD 83.
Regulatory Evaluation
This proposed 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).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. The proposed regulation would
last for only eight hours on each of the three event days. Vessel
traffic is low in this area and vessels will still be allowed to enter
and exit through the Matanzas Pass Channel.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule may affect the following
entities, some of which may be small entities: the owners and operators
of vessels intending to transit near to shore at Fort Myers Beach, FL
in the vicinity of Matanzas Pass annually from 8:30 a.m. to 4:30 p.m.
on the second Friday, Saturday, and Sunday in May. This proposed rule
would not have a significant economic impact on a substantial number of
small entities since it would be in effect for only eight hours a day
on each of the three event days. Vessel traffic is low in this area and
vessels will still be allowed to enter and exit through the Matanzas
Pass Channel.
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 section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for
[[Page 16783]]
compliance, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT. 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.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed 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
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, 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. As a special local regulation issued in conjunction with
an air show, this proposed rule satisfies the requirements of paragraph
(34)(h). 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. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--MARINE EVENTS & REGATTAS
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.
2. Add Sec. 100.736 to read as follows:
Sec. 100.736 Annual Fort Myers Beach Air Show; Fort Myers Beach, FL.
(a)(1) Regulated Area. The regulated area is formed by the
following coordinates; point 1: 26[deg]28'08'' N, 81[deg]59'15'' W
south to point 2: 26[deg]27'37'' N, 81[deg]59'39'' W east to point 3:
26[deg]25'45'' N, 81[deg]55'34'' W north to point 4: 26[deg]26'14'' N,
81[deg]55'22'' W and west along the contour of the shore to point 5:
26[deg]27'52'' N, 81[deg]58'04'' W to original point 1: 26[deg]28'08''
N, 81[deg]59'15'' W. All coordinates referenced use datum: NAD 83.
(2) Air Box Area. The air box area is contained within the
regulated area and is formed by the following coordinates; point 1:
26[deg]27'34'' N, 81[deg]58'22'' W south to point 2: 26[deg]27'07'' N,
81[deg]58'39'' W east to point 3: 26[deg]26'15'' N, 81[deg]56'36'' W
north to point 4: 26[deg]26'42'' N, 81[deg]56'22'' W and west to
original point 1: 26[deg]27'34'' N, 81[deg]58'22'' W. All coordinates
referenced use datum: NAD 83.
(b) Special local Regulations.
(1) Vessels and persons are prohibited from entering the air box
area defined in paragraph (a)(2).
(2) No vessel may anchor/moor or transit within the regulated area
defined in paragraph (a)(1), with the exception of vessel transit
permitted in the marked channel as set forth in (b)(3) below.
(3) Vessels entering and exiting Matanzas Pass Channel will be
allowed to transit using the marked channel only
[[Page 16784]]
at Matanzas Pass Channel day beacon 3 (26[deg]25'54'' N,
82[deg]58'12'' W, LLNR 16365) and day beacon 4 (26[deg]26'06''
N, 82[deg]57'48'' W, LLNR 16370) but may not linger within the
regulated area. All coordinates referenced use datum: NAD 83.
(c) Dates. This section will be enforced annually on the second
Friday, Saturday, and Sunday of May from 8:30 a.m. until 4:30 p.m.
Dated: March 24, 2005.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 05-6477 Filed 3-31-05; 8:45 am]
BILLING CODE 4910-15-P
