[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
[Rules and Regulations]
[Pages 18042-18043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9540]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07 97-012]
RIN 2115-AE46
Special Local Regulations: Fort Lauderdale, Florida
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Special local regulations are being adopted for the 1997 Shell
Air & Sea Show. The event will be held on May 2, 1997 from 10 a.m.
until 1 p.m. EDT, May 3, 1997 from 10 a.m. to 5 p.m. EDT, May 4, 1997
from 10 a.m. to 5 p.m. EDT on the Atlantic Ocean off Fort Lauderdale
Beach, Florida. The regulations are needed to provide for the safety of
life on navigable waters during the event because of the expected
concentration of spectator craft.
DATES: These regulations are effective from: 9:30 a.m. to 1:30 p.m. EDT
on May 2, 1997, 9:30 a.m. to 5:30 p.m. EDT on May 3, 1997, and 9:30
a.m. to 5:30 p.m. EDT on May 4, 1997.
FOR FURTHER INFORMATION CONTACT:
QMC T.E. KJERULFF Coast Guard Group Miami, Florida at (305) 535-4448.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The 1997 Shell Air and Sea Show will take place in the Atlantic
Ocean from Fort Lauderdale Beach out to \1/2\ nautical mile off shore,
between Oakland Park Boulevard and the 17th Street Causeway. There will
be approximately 18 participating racers in ski boats, jet skis, and
off shore racing powerboats. In addition, various military aircraft,
including high performance aircraft, will be operating at high speeds
and low altitudes in the area directly above the regulated area.
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
was not published for these regulations and good cause exists for
making it effective in less than 30 days after Federal Register
publication. Publishing a NPRM and delaying its effective date would be
contrary to national safety interests since immediate action is needed
to minimize potential danger to the public due to the anticipated
concentration of spectator craft. Following normal rulemaking
procedures would have been impracticable, as there was not sufficient
time remaining to publish proposed rules in advance of the event or to
provide for a delayed effective date, because the final information
regarding which military aircraft would participate, was only
determined the week of March 17, 1997.
Regulatory Evaluation
This regulation is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this proposal to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary. Entry into the regulated area is
prohibited for only 4.0 hours on the first day of the event, and 8.0
hours on second and third days of the event.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated businesses that are
not dominant in their field and that otherwise qualify as ``small
business concerns'' under section 3 of the Small Business Act (15
U.S.C. 632).
The Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), that this rule will not have a
significant economic impact on a substantial number of small entities
because it will be in effect for a maximum of eight hours in a limited
area.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
action consistent with Section 2.B.2 of Commandant Instruction
M16475.1B. In accordance with that section, this action has been
environmentally assessed (EA completed), and the Coast Guard has
determined that it will not significantly affect the quality of the
human environment. An environmental assessment and finding of no
significant impact have been prepared and are available in the docket
for inspection and copying.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Special Local Regulations
In consideration of the foregoing, Part 100 of Title 33, Code of
Federal Regulations, is amended as follows:
PART 100--[AMENDED]
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233, 49 CFR 1.46 and 33 CFR 100.35.
2. A temporary section 100.35T-07-012 is added to read as follows:
Sec. 100.35T-07-012 Fort Lauderdale, FL.
(a) Regulated Area. All waters of the Atlantic Ocean west of a line
drawn from 26-10.51N, 080-05.50W to 26-06.50N, 080-05.50W. All
coordinates referenced use Datum: NAD 83.
(b) Regulations. (1) Entry into the regulated area by other than
event participants is prohibited unless otherwise authorized by the
Patrol Commander.
(2) All vessels shall immediately follow any specific instructions
given by event patrol craft and exercise extreme caution while
operating in or near the regulated area. A succession of no fewer than
5 short whistle or horn blasts from a patrol vessel will be the signal
for any non-participating vessels to stop immediately. The display of
an orange distress smoke signal from a patrol vessel will be the signal
for any and all vessels to stop immediately.
(3) After the termination of the 1997 Shell Air & Sea Show event
for each
[[Page 18043]]
respective day, all vessels may resume normal operations.
(c) Effective Dates. These regulations become effective on: (1) May
2, 1997 at 9:30 a.m. and terminate at 1:30 p.m. EDT, (2) May 3, 1997 at
9:30 a.m. and terminate at 5:30 p.m. EDT, (3) May 4, 1997 at 9:30 a.m.
and terminate at 5:30 p.m. EDT.
Dated: April 4, 1997.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 97-9540 Filed 4-11-97; 8:45 am]
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