[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Rules and Regulations]
[Pages 18235-18238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06800]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-1073]
RIN 1625-AA08


Special Local Regulations; 2013 Lauderdale Air Show, Atlantic 
Ocean; Fort Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on 
the Atlantic Ocean and the entrance of Port Everglades in the vicinity 
of Fort Lauderdale, Florida during the 2013 Lauderdale Air Show. The 
event is scheduled to take place from Thursday April 18, 2013, until 
Sunday, April 21, 2013. The regulation is necessary to ensure the 
safety of the participants, spectators, and the general public during 
the event. The special local regulation will establish the following 
two areas: an exclusion area, where all persons and vessels, except 
those persons and vessels participating in the event, are prohibited 
from entering, transiting through, anchoring in, or remaining within; 
and a limited access area, where all vessels over 500 gross tons will 
be prohibited from entering, transiting through, anchoring in, or 
remaining within unless authorized by the Captain of the Port Miami or 
a designated representative.

DATES: This rule is effective from 10 a.m. on April 18, 2013, until 
5:30 p.m. on Sunday, April 21, 2013. The Atlantic Ocean exclusion area 
will be enforced daily from 10 a.m. until 5 p.m. from April 18, 2013, 
until April 21, 2013. The Port Everglades limited access area will be 
enforced daily from 4 p.m. until 5:30 p.m. on April 20, 2013, and April 
21, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-1073. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami 
Prevention Department, Coast Guard; telephone (305) 535-7576, email 
Mike.H.Wu@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register

[[Page 18236]]

NPRM Notice of Proposed Rulemaking

A. Discussion of Comments and Changes

    On January 10, 2013, the USCG published a Notice of Proposed 
Rulemaking (NPRM) entitled, ``Proposed Rule: NPRM: Special Local 
Regulations: 2013 Lauderdale Air Show, Atlantic Ocean; Fort Lauderdale, 
FL,'' in the Federal Register (78 FR 2225). We received no comments on 
the proposed rule (Docket No. USCG-2012-1073). No public meeting was 
requested, and none was held.

B. Basis and Purpose

    From Thursday, April 18, 2013, until Sunday, April 21, 2013, 
Lauderdale Air Show, LLC. will be hosting the 2013 Lauderdale Air Show. 
The Lauderdale Air Show will include numerous aircraft engaging in 
aerobatic maneuvers over the Atlantic Ocean. It is expected that 
approximately 500 spectator vessels will be present in the area during 
the event. The high speed at which participant aircraft will be 
traveling and the maneuvers they will be performing pose a safety 
hazard to air show participants, participant aircraft, spectators, and 
the general public.
    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to insure safety of life on navigable waters of the United 
States during the 2013 Lauderdale Air Show.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard did not receive any comments to the proposed rule 
and no changes were made to the regulatory text.
    The Coast Guard is establishing a special local regulation 
comprised of two regulated areas for the 2013 Lauderdale Air Show. The 
two regulated areas are listed below.
    1. Atlantic Ocean, Fort Lauderdale, Florida (exclusion area). 
Certain navigable waters of the Atlantic Ocean in the vicinity of Fort 
Lauderdale, Florida. This area will be enforced daily from 10 a.m. 
until 5 p.m. from April 18, 2013, through April 21, 2013. 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 Miami or a designated representative.
    2. Port Everglades, Fort Lauderdale, Florida (limited access area). 
Certain navigable waters of the Atlantic Ocean in the vicinity of Port 
Everglades in Fort Lauderdale, Florida. This will be a limited access 
area, and will be enforced daily from 4 p.m. until 5:30 p.m. on April 
20, 2013, and April 21, 2013. Vessels over 500 gross tons are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area unless authorized by the Captain of 
the Port Miami or a designated representative.
    Persons and vessels desiring to enter, transit through, anchor in, 
or remain within the regulated area may contact the Captain of the Port 
Miami by telephone at (305) 535-4472, 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 Miami or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Miami or a 
designated representative. The Coast Guard will provide notice of the 
special local regulation 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 these statutes and 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 special 
local regulation will be enforced for a maximum of 7 and a half hours 
each day for only four days; (2) non-participant persons and vessels 
may enter, transit through, anchor in, or remain within the exclusion 
area during their respective enforcement periods if authorized by the 
Captain of the Port Miami or a designated representative; (3) vessels 
500 gross tons or more may enter, transit through, anchor in, or remain 
within the limited access area during their respective enforcement 
periods if authorized by the Captain of the Port Miami or a designated 
representative; (4) vessels not able to enter, transit through, anchor 
in, or remain within the regulated areas without authorization from the 
Captain of the Port Miami or a designated representative may operate in 
the surrounding areas during the respective enforcement periods; and 
(4) the Coast Guard will provide advance notification of the special 
local regulations 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 received zero comments from the Small Business 
Administration on this rule. 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 any of the regulated areas during the respective 
enforcement period. For the reasons discussed in the Regulatory 
Planning and Review 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 this rule. 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

[[Page 18237]]

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 
INTFORMATION 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 an 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.

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). Due to potential 
environmental issues, we conducted an environmental assessment last 
year for both the issuance of the marine event permit and the 
establishment of this special local regulation. The same environmental 
assessment is being used for this year's event as it is substantially 
similar in all aspects and therefore the potential effects and 
alternatives remain unchanged. A supplemental environmental assessment 
was conducted for changes to the annual reoccurring event. After 
completing the supplemental environmental assessment for the issuance 
of the marine event permit, and the establishment of this special local 
regulation, we 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 a special local 
regulation issued in conjunction with a regatta or marine parade. This 
rule is categorically excluded from further review under paragraph 
34(h) of Figure 2-1 of the Commandant Instruction. The supplemental 
environmental assessment, environmental assessment, and finding of no 
significant impact (FONSI) 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 100

    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 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.

0
2. Add a temporary Sec.  100.35T07-1073 to read as follows:


Sec.  100.35T07-1073  Special Local Regulation; 2013 Lauderdale Air 
Show, Atlantic Ocean, Fort Lauderdale, FL.

    (a) Regulated areas. The following regulated areas are established 
as a special local regulation. All coordinates are North American Datum 
1983.
    (1) Exclusion area. All waters of the Atlantic Ocean in the 
vicinity of Fort Lauderdale, Florida that are encompassed within an 
imaginary line connecting the following points: starting at Point 1 in 
position 26[deg]10'39'' N, 80[deg]05'47'' W; thence southeast to Point 
2 in position 26[deg]10'32'' N, 80[deg]04'39'' W; thence southwest to 
Point 3 in position 26[deg]06'33''N, 80[deg]05'08'' W; thence northwest 
to Point 4 in position 26[deg]06'40'' N, 80[deg]06'15''W; thence 
northeast back to origin.
    (2) Limited access area. All waters of the Atlantic Ocean in the 
vicinity of Fort Lauderdale, Florida that are encompassed within an 
imaginary line connecting the following points: starting at Point 1 in 
position 26[deg]05'41'' N, 80[deg]06'59'' W; thence southeast to Point 
2 in position 26[deg]05'26'' N, 80[deg]06'51'' W; thence northeast to 
Point 3 in position 26[deg]05'32'' N, 80[deg]05'24'' W; thence north to 
Point 4 in position 26[deg]05'42'' N, 80[deg]05'24'' W; thence 
southwest back to origin.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast

[[Page 18238]]

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 Miami in the enforcement of the 
regulated area.
    (c) Regulations. (1) All persons and vessels, are prohibited from:
    (i) Entering, transiting through, anchoring in, or remaining within 
the exclusion area, unless participating in the event.
    (ii) Transiting through, anchoring in, or remaining within the 
limited access area, unless less than 500 gross tons.
    (2) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated areas by contacting 
the Captain of the Port Miami by telephone at 305-535-4472, or a 
designated representative via VHF radio on channel 16. If authorization 
is granted by the Captain of the Port Miami or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Miami or a 
designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement periods. The exclusion area will be enforced daily 
from 10 a.m. until 5 p.m. from April 18, 2013, through April 21, 2013. 
The limited access area will be enforced daily from 4 p.m. until 5:30 
p.m. on April 20, 2013, and April 21, 2013.

    Dated: March 7, 2013.
C. P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2013-06800 Filed 3-25-13; 8:45 am]
BILLING CODE 9110-04-P