[Federal Register Volume 64, Number 66 (Wednesday, April 7, 1999)]
[Rules and Regulations]
[Pages 16813-16814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8573]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-99-017]
RIN 2115-AE46


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

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the City of Fort Lauderdale Air & Sea Show. This event 
will be held from April 30th, through May 2nd, 1999, 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: These regulations are effective from 9 a.m. to 3 p.m. EDT on 
Friday, April 30, 1999, and from 9 a.m. to 5 p.m. EDT on Saturday and 
Sunday May 1st and 2nd 1999.

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

SUPPLEMENTARY INFORMATION: 

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.

[[Page 16814]]

    Although a permanent regulation has been published for this event 
(33 CFR 100.731), a change in the dates of 1999 caused the time period 
to be outside the dates inclusive in the permanent regulation. 
Therefore, in accordance with 5 U.S.C. 553, a notice of proposed 
rulemaking was not published for this regulation and good cause exists 
for making it effective in less than 30 days after publication in the 
Federal Register. Publishing a NPRM and delaying its effective date 
would be contrary to national safety interests since prompt action is 
needed to minimize potential danger to the public. The permit with the 
changed date was received less than six weeks prior to the event taking 
place, and the public may be confused as to whether the permanent 
regulation covers this time period.

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 offshore 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 5 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 in an area with 
limited commercial traffic.

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 Figure 2-1, paragraph 34(g) 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.

Temporary 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 100.35T-07-017 is added to read as follows:


Sec. 100.35T-07-017  Special Local Regulations; Air & Sea Show, Ft. 
Lauderdale, FL.

    (a) Definitions:
    (1) 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.
    (2) Patrol Commander. The Coast Guard Patrol Commander is a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by Commander, Coast Guard Group Miami, Florida.
    (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 are effective from 9 a.m. to 3 p.m. 
EDT on Friday, April 30, 1999, and from 9 a.m. to 5 p.m. EDT on 
Saturday and Sunday May 1st and 2nd 1999.

    Dated: March 29, 1999.
N.T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 99-8573 Filed 4-6-99; 8:45 am]
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