[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Proposed Rules]
[Pages 4169-4171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01742]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-1035]
RIN 1625-AA00


Special Local Regulation; Atlantic Ocean, Miami Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a recurring special 
local regulation for navigable waters of the Atlantic Ocean, east of 
Miami Beach, FL beginning at Government Cut Inlet, for the Miami Beach 
Air and Sea Show. This action is necessary to ensure the safety of the 
general public, spectators, vessels, and marine environment from 
potential hazards during aerobatic maneuvers by high-speed, low-flying 
airplanes and high speed vessels performing during the Miami Beach Air 
and Sea Show. This proposed rulemaking would prohibit persons and non-
participant vessels from entering, transiting, anchoring in, or 
remaining within the regulated area unless authorized by the Captain of 
the Port Miami or a designated representative. We invite your comments 
on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 1, 2018.

ADDRESSES: You may submit comments on the Federal eRulemaking Portal at 
http://www.regulations.gov using docket number USCG-2017-1035 in the 
``Search'' feature. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Mara J. Brown, Sector 
Miami Waterways Management Division, U.S. Coast Guard; telephone 305-
535-4317, email [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 4170]]

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The city of Miami Beach has informed the Coast Guard it will be 
hosting the Miami Beach Air and Sea Show annually over one weekend 
(Saturday and Sunday) during the month of May. The special local 
regulation proposed for this event would cover all navigable waters of 
the Atlantic Ocean east of Miami Beach, FL beginning at Government Cut 
Inlet and continuing north approximately two miles. The regulated area 
is intended to protect personnel, vessels, and the marine environment 
from potential hazards during aerobatic maneuvers by high speed, low 
flying airplanes and high speed vessels during the air show. Over the 
years, there have been unfortunate instances of aircraft mishaps during 
performances at various air shows around the world. Occasionally, these 
incidents result in a wide area of scattered debris in the water that 
can damage property or cause significant injury or death to the public 
observing the air shows. The Captain of the Port Miami has determined 
that a special local regulation is necessary to protect the general 
public from hazards associated with aerial flight demonstrations.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231.

III. Discussion of Proposed Rule

    This rule would establish a special local regulation over the 
waters of the Atlantic Ocean east of Miami Beach, FL beginning at 
Government Cut Inlet and continuing north approximately two miles. The 
duration of the regulated area is intended to ensure the safety of the 
aerial flight demonstrations and high speed boat races. Non participant 
vessels or persons will not be permitted to enter the regulated area 
without obtaining permission from the Captain of the Port or a 
designated representative. The Coast Guard will provide a notice of the 
regulated area by Broadcast Notice to Mariners and on-scene designated 
representatives. The regulatory text we are proposing appears at the 
end of this document.

IV. 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 and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the regulated area. Vessel 
traffic will be able to safely transit around the regulated area, which 
would impact a small designated area of the Atlantic Ocean. Moreover, 
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule would allow vessels to 
seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you believe your business, organization, or governmental 
jurisdiction qualifies as a small entity and 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.
    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 you believe this rule 
would affect your small business, organization, or governmental 
jurisdiction and have questions concerning its provisions or options 
for compliance, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section. 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.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    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 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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

[[Page 4171]]

effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This proposed rule 
involves a regulated area that would prohibit persons and vessels from 
transiting the regulated area during the air and sea show. Normally 
such actions are categorically excluded from further review under 
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. A Record of Environmental Consideration supporting 
this determination will be available once we receive public comment for 
this rule and will be located in the docket indicated under ADDRESSES. 
We seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

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

    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 Sec.  [thinsp]100.725 to read as follows:


Sec.  [thinsp]100.725  Special Local Regulation: Miami Beach Air and 
Sea Show; Atlantic Ocean, Miami Beach, FL.

    (a) Location: The following area is a regulated area located on the 
Atlantic Ocean in Miami Beach, FL. All waters of the Atlantic Ocean 
encompassed within an imaginary line connecting the following points: 
Starting at Point 1 in position 25[deg]47'52'' N, 080[deg]6'55'' W; 
thence southwest to Point 2 in position 25[deg]45'40'' N, 080[deg] 
7'16'' W; thence northwest to Point 3 in position 25[deg]45'50'' N, 
080[deg]07'49'' W; thence north to Point 4 in position 25[deg]47'56'' 
N,080[deg]07'30'' W; thence back to the origin at Point 1. These 
coordinates are based on North American Datum 1983. All persons and 
vessels, except those persons and vessels participating in the event, 
are prohibited from entering, transiting, anchoring in, or remaining 
within the regulated area.
    (b) Definitions: (1) 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 areas.
    (2) The term ``Patrol Commander'' means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the 
respective Coast Guard Sector Commander to enforce these regulations.
    (3) The term ``spectators'' means all persons and vessels not 
registered with the event sponsor as participants or official patrol 
vessels.
    (c) Regulations: (1) All non-participant vessels or persons are 
prohibited from entering, transiting, anchoring in, or remaining within 
the regulated area unless authorized by the Captain of the Port or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit, 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-FM radio on channel 16, to request authorization. If authorization 
is granted, all persons and vessels receiving such authorization must 
comply with the instructions of the Captain of the Port Miami or a 
designated representative.
    (3) The Coast Guard will notify the public in advance of the event 
contained in these regulations by publishing a Notice of Enforcement in 
the Federal Register in advance of the date of the event. In addition, 
the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM 
channel 16, or provide notice by on-scene designated representatives.
    (d) Enforcement period: This rule will be enforced annually on a 
weekend (Saturday and Sunday) during the month of May.

    Dated: January 16, 2018.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2018-01742 Filed 1-29-18; 8:45 am]
 BILLING CODE 9110-04-P