[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Rules and Regulations]
[Pages 18235-18238]
From the Federal Register Online via the Government Publishing 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
[email protected]. 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