[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Proposed Rules]
[Pages 7740-7741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3912]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-98-004]
RIN 2115-AE46


Special Local Regulations; Annual Air and Sea Show, Fort 
Lauderdale, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish permanent special local 
regulations for the City of Fort Lauderdale Annual Air & Sea Show. This 
event will be held annually on the first Friday, Saturday and Sunday of 
May, and will involve approximately 150 participating aircraft and 
vessels, and 3,000 spectator craft. The resulting congestion will 
create an extra or unusual hazard in the navigable waters. These 
regulations are necessary to provide for the safety of life on 
navigable waters during the event.

DATES: Comments must be received on or before March 19, 1998.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Miami, 100 
MacArthur Causeway Miami Beach, Florida 33139, or may be delivered to 
the Operations Department at the same address between 7 a.m. and 3:30 
p.m., Monday through Friday, except federal holidays. The telephone 
number is (305) 535-4448. Comments will be a part of the public docket 
and will be available for copying and inspection at the same address.

FOR FURTHER INFORMATION CONTACT:
LTJG J. Delgado Coast Guard Group Miami, Florida at (305) 535-4409.

SUPPLEMENTARY INFORMATION: .

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, data, or arguments. 
Persons submitting comments should include their names, addresses, 
identify this rulemaking (CGD07-98-004), and the specific section of 
this proposal to which their comments apply, and give reasons for each 
comment.

[[Page 7741]]

    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments received.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the address under ADDRESSES. The request 
should include the reasons why a hearing would be beneficial. If it 
determines that the opportunity for oral presentations will aid this 
rulemaking, the Coast Guard will hold a public hearing at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    The City of Fort Lauderdale Annual Air & Sea Show is a three day 
event with approximately 130 aircraft and 18 ski boats, jet skis and 
off shore racing power boats. 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. The 
even will take place in the Atlantic Ocean from Fort Lauderdale beach 
to one nautical mile offshore between Oakland Park Boulevard and the 
17th Street Causeway.
    The proposed regulations will prohibit non-participating vessels 
from entering the regulated area, and directs participants to obey 
instructions from the patrol commander.

Regulatory Evaluation

    This proposal 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 
proposed rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. Entry into the regulated area is prohibited for only 6.0 
hours on Friday, and 8.0 hours on Saturday and Sunday on the day of the 
event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.), the 
Coast Guard must consider whether this proposed rule, if adopted, will 
have a significant economic impact on a substantial number of small 
entities. ``Small entities'' include 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.
    Therefore, the Coast Guard certifies under U.S.C. 605 (b) that this 
proposed rule, if adopted, would not have a significant economic impact 
on a substantial number of small entities as the regulations would only 
be in effect for approximately eight hours each day for three days each 
year. If, however, you think that your business or organization 
qualifies as a small entity and that this proposed rule will have a 
significant economic impact on your business or organization, please 
submit a comment (see ADDRESSES) explaining why you think it qualifies 
and in what way and to what degree this proposed rule will economically 
affect it.

Collection of Information

    These proposed regulations contain 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 rulemaking 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 
proposal consistent with Section 2.B.2 of Commandant Instruction 
M16475.1B. In accordance with that section, this proposal has been 
environmentally assessed (EA completed), and the Coast Guard has 
concluded that it will not significantly affect the quality of the 
human environment. An Environmental Assessment and a Finding of No 
Significant Impact have been prepared and are available in the docket 
for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend Part 100 of Title 33, Code of Federal Regulations, 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 new Sec. 100.731 is added to read as follows:


Sec. 100.731  Special Local Regulations; City of Ft. Lauderdale Air & 
Sea Show, Ft. Lauderdale.

    (a) Regulated area. The following is a regulated area: All waters 
of the Atlantic Ocean west of a line drawn from 26-10.22 North, 080-
05.9 West to 26-06.22 North, 080-05.34 West. All coordinates referenced 
use Datum: NAD 83.
    (b) Special Local Regulations.
    (1) All vessels, with the exception of event participants, are 
prohibited from entering the regulated area without the specific 
permission of 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 not fewer than 
five short whistle or horn blasts from a patrol vessel will be the 
signal for any non-participating vessel 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 Air and Sea Show event for each 
respective day, all vessels may resume normal operations.
    (c) Dates. These regulations become effective annually on the first 
Friday, Saturday and Sunday of May, from 9 a.m. to 3 p.m. (EDT) on 
Friday, and from 9 a.m. to 5 p.m. (EDT) on Saturday and Sunday.

    Dated: February 3, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 98-3912 Filed 2-13-98; 8:45 am]
BILLING CODE 4910-14-M