Special Local Regulations: Annual Fort Myers Beach Air Show, Fort Myers Beach, FL, 29195-29197 [05-10047]
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Federal Register / Vol. 70, No. 97 / Friday, May 20, 2005 / Rules and Regulations
based companies in domestic and
export markets.
List of Subjects in 28 CFR Part 549
Prisoners.
Harley G. Lappin,
Director, Bureau of Prisons.
[FR Doc. 05–10044 Filed 5–19–05; 8:45 am]
BILLING CODE 4410–05–P
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 571
[BOP–1108–F]
RIN 1120–AB21
Clarifying of Release Gratuities—
Release Transportation Regulations to
More Closely Conform to Statutory
Provisions
Bureau of Prisons, Justice.
ACTION: Final rule.
AGENCY:
This document finalizes an
interim rule which made a minor
clarifying change to the Bureau of
Prisons (Bureau) regulations on release
gratuities, transportation, and clothing.
The rule clarified that the Bureau is
authorized, upon an inmate’s release, to
provide transportation to an inmate’s
place of conviction or his/her legal
residence only within the United States,
under 18 U.S.C. 3624(d)(3).
DATES: This rule is effective on June 20,
2005
ADDRESSES: Rules Unit, Office of
General Counsel, Bureau of Prisons, 320
First Street, NW., Washington, DC
20534.
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202)
307–2105.
SUPPLEMENTARY INFORMATION: We
published this rule as an interim final
rule on June 9, 2003 (68 FR 34301). We
received no comments on this rule. We
therefore finalize it without change.
Previously, 28 CFR 571.22 (c) stated
that ‘‘[t]ransportation will be provided
to an inmate’s place of conviction, his
legal residence within the United States,
or to other such place as authorized and
approved.’’ However, 18 U.S.C.
3624(d)(3) allows only for
‘‘transportation to the place of the
prisoner’s conviction, to the prisoner’s
bona fide residence within the United
States, or to such other place within the
United States as may be authorized by
the Director.’’
This rule revises the former rule only
to the extent that it appeared to conflict
SUMMARY:
VerDate jul<14>2003
12:14 May 19, 2005
Jkt 205001
with the Bureau’s statutory authority.
The new 28 CFR 571.22(c) correctly
states that ‘‘[t]ransportation will be
provided to an inmate’s place of
conviction or legal residence within the
United States or its territories.’’
Executive Order 12866
This regulation has been drafted and
reviewed in accordance with Executive
Order 12866, ‘‘Regulatory Planning and
Review’’, section 1(b), Principles of
Regulation. The Director of the Bureau
of Prisons has determined that this rule
is not a ‘‘significant regulatory action’’
under Executive Order 12866, section
3(f), and accordingly this rule has not
been reviewed by the Office of
Management and Budget.
Executive Order 13132
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, under
Executive Order 13132, we determine
that this rule does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons,
under the Regulatory Flexibility Act (5
U.S.C. 605(b)), reviewed this regulation
and by approving it certifies that it will
not have a significant economic impact
upon a substantial number of small
entities for the following reasons: This
rule pertains to the correctional
management of offenders committed to
the custody of the Attorney General or
the Director of the Bureau of Prisons,
and its economic impact is limited to
the Bureau’s appropriated funds.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by § 804 of the Small Business
Regulatory Enforcement Fairness Act of
1996. This rule will not result in an
annual effect on the economy of
$100,000,000 or more; a major increase
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29195
in costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
List of Subjects in 28 CFR Part 571
Prisoners.
Harley G. Lappin,
Director, Bureau of Prisons.
Under the rulemaking authority
vested in the Attorney General in 5
U.S.C. 552(a) and delegated to the
Director, Bureau of Prisons, we adopt as
final the interim rule published on June
9, 2003 (68 FR 34301), without change.
[FR Doc. 05–10045 Filed 5–19–05; 8:45 am]
BILLING CODE 4410–05–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.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing permanent special local
regulations for the Fort Myers Beach Air
Show, Fort Myers Beach, Florida. This
event will be held annually on the
second consecutive Friday, Saturday,
and Sunday of May between 8:30 a.m.
and 4:30 p.m. EDT (eastern daylight
time). This 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 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: This rule is effective May 20,
2005.
Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket [CGD 07–05–012] and are
available for inspection or copying at
ADDRESSES:
E:\FR\FM\20MYR1.SGM
20MYR1
29196
Federal Register / Vol. 70, No. 97 / Friday, May 20, 2005 / Rules and Regulations
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:
Regulatory Information
On April 1, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations:
Annual Fort Myers Beach Air Show,
Fort Myers Beach, FL in the Federal
Register (70 FR 16781). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
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. This rule is needed to
minimize danger to the public and
waiting delaying the effective date
would be contrary to the public interest.
A notice of proposed rulemaking for this
rule was published in the Federal
Register (70 FR 16781) with a thirty-day
comment period ending May 2, 2005.
During the comment period, no
comments were received regarding this
rulemaking, and this final rule does not
change the provisions of the notice of
proposed rulemaking.
Background and Purpose
The South West Florida Aviation
Foundation’s air show involves the
performance of aerial demonstrations
over the near-shore waters of Fort Myers
Beach, Florida. The annual event will be
held on the second consecutive 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 participating aircraft and the
location of the audience. This 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 Comments and Changes
No comments were received for this
rule.
Discussion of Rule
This regulation will include a sterile
zone (air box) directly under the aerial
demonstration over the near-shore
waters of Fort Myers Beach in Lee
VerDate jul<14>2003
12:14 May 19, 2005
Jkt 205001
County, Florida. All vessels and persons
are prohibited from entering, anchoring,
mooring, or transiting the 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 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
transiting 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 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 rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. The regulation
would last for only eight hours on each
of the three event days. Vessel traffic is
minimal in this area and vessels will
still be allowed to enter and exit the
Matanzas Pass Channel.
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 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
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Frm 00008
Fmt 4700
Sfmt 4700
consecutive Friday, Saturday, and
Sunday in May. This 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 minimal in this
area and vessels will still be allowed to
enter and exit through the Matanzas
Pass Channel.
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.
E:\FR\FM\20MYR1.SGM
20MYR1
Federal Register / Vol. 70, No. 97 / Friday, May 20, 2005 / Rules and Regulations
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.
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12:14 May 19, 2005
Jkt 205001
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,
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 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
I For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
29197
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) of this section.
(2) No vessel may anchor/moor or
transit within the regulated area defined
in paragraph (a)(1) of this section, with
the exception of vessel transit permitted
in the marked channel as set forth in
paragraph (b)(3) of this section.
(3) Vessels entering and exiting
Matanzas Pass Channel will be allowed
to transit using the marked channel only
at Matanzas Pass Channel day beacon #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. All coordinates
referenced use datum: NAD 83.
(c) Dates. This section will be
enforced annually on the second
consecutive Friday, Saturday, and
Sunday of May from 8:30 a.m. until 4:30
p.m.
Dated: May 10, 2005.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 05–10047 Filed 5–19–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
Coast Guard
1. The authority citation for part 100
continues to read as follows:
33 CFR Part 100
I
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1
I
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
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[CGD05–05–047]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Delaware River, Delaware City,
DE
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing temporary special local
regulations during the ‘‘5th Annual
Escape from Fort Delaware Triathlon,’’
an event to be held June 18, 2005 over
the waters of Delaware River at
Delaware City, DE. These special local
regulations are necessary to provide for
the safety of life on navigable waters
during the event. This action is
intended to temporarily restrict vessel
traffic in a portion of the Delaware River
during the 5th Annual Escape from Fort
Delaware Triathlon.
DATES: This rule is effective from 8:30
a.m. to 11:30 a.m. on June 18, 2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
E:\FR\FM\20MYR1.SGM
20MYR1
]]>Agencies
[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Rules and Regulations]
[Pages 29195-29197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10047]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing permanent special local
regulations for the Fort Myers Beach Air Show, Fort Myers Beach,
Florida. This event will be held annually on the second consecutive
Friday, Saturday, and Sunday of May between 8:30 a.m. and 4:30 p.m. EDT
(eastern daylight time). This 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 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: This rule is effective May 20, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD 07-05-012] and are available for inspection or
copying at
[[Page 29196]]
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:
Regulatory Information
On April 1, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations: Annual Fort Myers Beach Air
Show, Fort Myers Beach, FL in the Federal Register (70 FR 16781). We
received no comments on the proposed rule. No public meeting was
requested, and none was held.
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. This rule is needed to minimize
danger to the public and waiting delaying the effective date would be
contrary to the public interest. A notice of proposed rulemaking for
this rule was published in the Federal Register (70 FR 16781) with a
thirty-day comment period ending May 2, 2005. During the comment
period, no comments were received regarding this rulemaking, and this
final rule does not change the provisions of the notice of proposed
rulemaking.
Background and Purpose
The South West Florida Aviation Foundation's air show involves the
performance of aerial demonstrations over the near-shore waters of Fort
Myers Beach, Florida. The annual event will be held on the second
consecutive 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 participating
aircraft and the location of the audience. This 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 Comments and Changes
No comments were received for this rule.
Discussion of Rule
This regulation 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 are prohibited
from entering, anchoring, mooring, or transiting the 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 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 transiting 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 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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. The regulation would last for only eight hours
on each of the three event days. Vessel traffic is minimal in this area
and vessels will still be allowed to enter and exit the Matanzas Pass
Channel.
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 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
consecutive Friday, Saturday, and Sunday in May. This 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 minimal in this area and
vessels will still be allowed to enter and exit through the Matanzas
Pass Channel.
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.
[[Page 29197]]
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,
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 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.
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 proposes to
amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
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. 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) of this section.
(2) No vessel may anchor/moor or transit within the regulated area
defined in paragraph (a)(1) of this section, with the exception of
vessel transit permitted in the marked channel as set forth in
paragraph (b)(3) of this section.
(3) Vessels entering and exiting Matanzas Pass Channel will be
allowed to transit using the marked channel only at Matanzas Pass
Channel day beacon 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. All coordinates
referenced use datum: NAD 83.
(c) Dates. This section will be enforced annually on the second
consecutive Friday, Saturday, and Sunday of May from 8:30 a.m. until
4:30 p.m.
Dated: May 10, 2005.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 05-10047 Filed 5-19-05; 8:45 am]
BILLING CODE 4910-15-P
