Safety Zone; Cocoa Beach Air Show, Atlantic Ocean, Cocoa Beach, FL, 50019-50021 [2012-20336]
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Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules and Regulations
navigable waters immediately prior to,
during, and immediately after fireworks
events. During the enforcement periods
announced in this rule, the Coast Guard
will enforce restrictions upon, and
control movement of, vessels in a
specified area immediately prior to,
during, and immediately after fireworks
events. No person or vessel may enter
the safety zone while it is being
enforced without permission of the
Captain of the Port, Sector Lake
Michigan.
The regulations in 33 CFR
165.935 will be enforceable between
9:15 p.m. and 10:45 p.m. on September
7 and 8, 2012.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email MST1 Joseph P. McCollum,
Prevention Department, Coast Guard
Sector Lake Michigan, Milwaukee, WI at
414–747–7148, email
Joseph.P.McCollum@uscg.mil.
DATES:
The Coast
Guard will enforce the safety zone listed
in 33 CFR 165.935, Safety Zones,
Milwaukee Harbor, Milwaukee, WI, for
the following events:
(1) Indian Summer fireworks display
on September 7 and 8, 2012 from 9:15
p.m. through 10:45 p.m.
All vessels must obtain permission
from the Captain of the Port, Sector Lake
Michigan, or his or her on-scene
representative to enter, move within or
exit the safety zone. Vessels and persons
granted permission to enter the safety
zone shall obey all lawful orders or
directions of the Captain of the Port,
Sector Lake Michigan, or a designated
representative. While within a safety
zone, all vessels shall operate at the
minimum speed necessary to maintain a
safe course.
This notice is issued under authority
of 33 CFR 165.935 Safety Zone,
Milwaukee Harbor, Milwaukee, WI and
5 U.S.C. 552(a). In addition to this
notice in the Federal Register, the Coast
Guard will provide the maritime
community with advance notification of
these enforcement periods via Broadcast
Notice to Mariners or Local Notice to
Mariners. The Captain of the Port,
Sector Lake Michigan, will issue a
Broadcast Notice to Mariners notifying
the public when enforcement of the
safety zone established by this section is
suspended. If the Captain of the Port,
Sector Lake Michigan, determines that
the safety zone need not be enforced for
the full duration stated in this notice, he
or she may use a Broadcast Notice to
Mariners to grant general permission to
enter the safety zone. The Captain of the
Port, Sector Lake Michigan, or his or her
emcdonald on DSK67QTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
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on-scene representative may be
contacted via VHF–FM Channel 16.
and 5 p.m., Monday through Friday,
except Federal holidays.
Dated: August 8, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2012–20346 Filed 8–17–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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
Robert.S.Butts@uscg.mil. 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:
33 CFR Part 165
Table of Acronyms
[Docket Number USCG–2012–0633]
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RIN 1625–AA00
Safety Zone; Cocoa Beach Air Show,
Atlantic Ocean, Cocoa Beach, FL
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
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.
SUMMARY:
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 https://
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.
DATES:
PO 00000
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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.
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Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules and Regulations
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 onscene 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.
emcdonald on DSK67QTVN1PROD with RULES
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
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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
PO 00000
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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.
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Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules and Regulations
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.
emcdonald on DSK67QTVN1PROD with RULES
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
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Jkt 226001
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
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.
50021
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]
■
2. Add a temporary § 165.T07–0633 to
read as follows:
BILLING CODE 9110–04–P
§ 165.T07–0633 Safety Zone; Cocoa Beach
Air Show, Atlantic Ocean, Cocoa Beach, FL.
ENVIRONMENTAL PROTECTION
AGENCY
(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°20.654′ N,
80°35.648′ W; thence South to Point 2
in position 28°19.658′ N, 80°35.736′ W;
thence West to Point 3 in position
28°19.701′ N, 80°36.293′ W; thence
North to Point 4 in position 28°20.692′
N, 80°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
PO 00000
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40 CFR Part 52
[EPA–R09–OAR–2011–0571; FRL–9691–1]
Revisions to the California State
Implementation Plan, San Joaquin
Valley Unified Air Pollution Control
District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In this action, EPA is
finalizing approval of San Joaquin
Valley Unified Air Pollution Control
District (SJVUAPCD) Rule 3170,
‘‘Federally Mandated Ozone
Nonattainment Fee,’’ as a revision to
SJVUAPCD’s portion of the California
State Implementation Plan (SIP). Rule
3170 is a local fee rule submitted to
address section 185 of the Clean Air Act
(CAA or Act) with respect to the 1-hour
ozone standard for anti-backsliding
purposes. EPA is also finalizing
approval of SJVUAPCD’s fee-equivalent
program, which includes Rule 3170 and
state law authorities that authorize
SJVUAPCD to impose supplemental fees
on motor vehicles, as an alternative to
the program required by section 185 of
the Act. EPA has determined that
SJVUAPCD’s alternative fee-equivalent
program is not less stringent than the
program required by section 185, and,
therefore, is approvable as an equivalent
alternative program, consistent with the
principles of section 172(e) of the Act.
DATES: This rule is effective on
September 19, 2012.
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Rules and Regulations]
[Pages 50019-50021]
From the Federal Register Online via the Government Printing 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 https://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
Robert.S.Butts@uscg.mil. 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
