[Federal Register Volume 63, Number 60 (Monday, March 30, 1998)]
[Rules and Regulations]
[Pages 15089-15090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8261]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-98-004]
RIN 2115-AE46


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule becomes effective April 29, 1998.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On February 17, 1998 (63 FR 7740), the Coast Guard published a 
Notice of Proposed Rulemaking seeking comments on the establishment of 
permanent special local regulations for the Air & Sea Show held 
annually on the third Friday, Saturday and Sunday of May off of Fort 
Lauderdale, Florida. One comment was received from the Florida 
Department of Natural Resources, seeking a slight change in the 
coordinates of the regulated area to better protect marine species. The 
Coast Guard has incorporated the suggested change into the regulations.

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 
offshore 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 
event 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.
    These regulations will prohibit non-participating vessels from 
entering the regulated area, and directs participants to obey 
instructions from the patrol commander.

Regulatory Evaluation

    This rule 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 
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 hours on Friday, 
and 8 hours on Saturday and Sunday.

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 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 
rule 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.

Collection of Information

    These 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 
action and has determined pursuant to section 2.B.2.a (CE #34(h)) of 
Commandant Instruction M16475.1C, that this action is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 100

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

Final Regulations

    In consideration of the foregoing, the Coast Guard amends 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 section 100.731 is added to read as follows:

[[Page 15090]]

Sec. 100.731  Special local regulations; annual Ft. Lauderdale Air & 
Sea Show, Ft. Lauderdale, FL.

    (a) Regulated area. The following is a regulated area: All waters 
of the Atlantic Ocean west of a line drawn from 26-10.32N, 080-05.9W to 
26-06.36N, 080-05.58W. 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: March 20, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 98-8261 Filed 3-27-98; 8:45 am]
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