[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Proposed Rules]
[Pages 2225-2228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00275]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-1073]
RIN 1625-AA08


Special Local Regulation; 2013 Lauderdale Air Show, Atlantic 
Ocean; Fort Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard is proposing to establish special local 
regulations on

[[Page 2226]]

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 through 
Sunday, April 21, 2013. The regulation is necessary for the safety of 
the participants, spectators, and the general public during the event. 
The special local regulations 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; 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: Comments and related material must be received by the Coast 
Guard on or before February 11, 2013.
    Requests for public meetings must be received by the Coast Guard on 
or before February 11, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.

See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for further instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

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 Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

    DHS Department of Homeland Security
    FR Federal Register
    NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2012-1073 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2012-1073 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before February 11, 2013, using one of the 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

B. Regulatory History and Information

    Previously, temporary special local regulations regarding this 
maritime event have been published in the Code of Federal Regulations 
at 33 CFR 100.701. No final rule has been published in regards to this 
event. The proposed special local regulations are not new in their 
entirety, but merely reflect updates to certain details of the event.

C. Basis and Purpose

    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 Lauderdale Air Show.

D. Discussion of Proposed Rule

    From Thursday, April 18, 2013 through 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.

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    The Coast Guard is establishing two regulated areas for the 2013 
Lauderdale Air Show. The two regulated areas are listed below.
    1. Atlantic Ocean, Fort Lauderdale, Florida. Certain navigable 
waters of the Atlantic Ocean in the vicinity of Fort Lauderdale, 
Florida. This exclusion area will be enforced daily from 10:00 a.m. 
until 5:00 p.m. from April 18, 2013 through April 21, 2013. 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. Certain navigable 
waters of the Atlantic Ocean in the vicinity of Port Everglades in Fort 
Lauderdale, Florida. This limited access area will be enforced daily 
from 4:00 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.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed 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 proposed rule is not significant for the following reasons: (1) 
The special local regulations 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

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 
INFORMATION 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with

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Constitutionally Protected Property Rights.

9. Civil Justice Reform

    This proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 would remain unchanged. After completing the 
environmental assessment for the issuance of the marine event permit 
and the establishment of these special local regulations, we have 
determined these actions will not significantly affect the human 
environment. The 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 proposed 
rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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 Regulations; 2013 Lauderdale Air 
Show, Atlantic Ocean, Fort Lauderdale, FL.

    (a) Regulated Areas. The following regulated areas are established 
as special local regulations. 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. All persons and vessels, except those 
persons and vessels participating in the event, are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
exclusion area.
    (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. All vessels 500 gross tons or greater 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.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast 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:
    (A) Entering, transiting through, anchoring in, or remaining within 
the exclusion area, unless participating in the event.
    (B) 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.
    (2) 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 Date. The exclusion area will be enforced daily 
from 10:00 a.m. until 5:00 p.m. from April 18, 2013 through April 21, 
2013. The limited access area will be enforced daily from 4:00 p.m. 
until 5:30 p.m. on April 20, 2013 and April 21, 2013.

    Dated: December 26, 2012.
J.B. Pruett,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2013-00275 Filed 1-9-13; 8:45 am]
BILLING CODE 9110-04-P