[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Rules and Regulations]
[Pages 19628-19630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09497]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0993]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a recurring special local 
regulation for certain navigable waters of the Atlantic Ocean east of 
Fort Lauderdale, Florida beginning at the Port Everglades Inlet and 
extending north approximately six miles. The special local regulation 
is necessary to ensure the safety of the public, spectators, vessels, 
and the marine environment during aerobatic maneuvers conducted by 
high-speed, low-flying airplanes and high speed vessels performing 
inside of the regulated area during the Fort Lauderdale Air Show. This 
special local regulation prohibits persons and non-participant vessels 
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.

DATES: This rule is effective May 4, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0993 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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:

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 Information and Regulatory History

    The City of Fort Lauderdale notified the Coast Guard that it would 
be hosting the Fort Lauderdale Air Show annually over a Saturday and 
Sunday during the month of May. The regulated area would cover certain 
navigable waters of the Atlantic Ocean east of Fort Lauderdale, Florida 
beginning at Port Everglades Inlet and continuing north for 
approximately six miles.
    In response, on January 25, 2018, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled ``Special Local Regulation: 
Fort Lauderdale Air Show; Atlantic Ocean, Fort Lauderdale, FL'' (83 FR 
3450). There we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to this event. During the 
comment period that ended February 26, 2018, we received 2 unrelated 
comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety dangers with aerial maneuvers conducted 
by

[[Page 19629]]

high speed, low-flying aircraft during air shows. The special local 
regulation is necessary to provide for the safety of event 
participants, spectators and vessels transiting in proximity to the 
event area.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Miami (COTP) has determined that 
potential hazards associated with the aerobatic and high speed aerial 
flight demonstrations demonstrated during the Ft. Lauderdale Air Show 
will be a safety concern for spectators and non-participant vessels in 
the regulated area. The purpose of this rule is to ensure the safety of 
vessels, persons, marine environment, and navigable waters in the 
regulated area before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on our NPRM published 
February 26, 2018. Both comments were unrelated to the regulation. 
There are no changes in the regulatory text of this rule from the 
proposed rule in the NPRM.
    This rule establishes a special local regulation on certain waters 
of the Atlantic Ocean east of Fort Lauderdale, Florida beginning at the 
Port Everglades Inlet and continuing north for approximately six miles. 
The duration of the regulated area is intended to ensure the safety of 
the public during the aerial flight demonstrations and high speed boat 
races. Non-participant vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within the regulated area without 
obtaining permission from the Captain of the Port (COTP) Miami or a 
designated representative. The Coast Guard will provide notice of the 
regulated area by Broadcast Notice to Mariners and on-scene designated 
representatives.

V. Regulatory Analyses

    We developed this 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 special local regulation. 
Vessel traffic will be able to safely transit around this regulated 
area, which will affect a small designated area of the Atlantic Ocean 
over a period of two days during the month of May. Moreover, the Coast 
Guard would issue a Broadcast Notice to Mariners notifying the public 
of the regulated area via VHF-FM marine channel 16 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this 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 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will 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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

[[Page 19630]]

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, and Commandant Instruction M16475.1D, which guides 
the Coast Guard in complying with the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321-4370f), and have determined 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 rule involves 
a regulation that would prohibit persons and vessels from transiting 
the regulated area during the air show. This action is categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 01. A supplemental 
Environmental Assessment supporting this determination is available in 
the docket where indicated under ADDRESSES.

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.

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 amends 
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; 33 CFR 1.05-1.

0
2. Add Sec.  100.726 to read as follows:


Sec.  100.726  Special Local Regulation; Fort Lauderdale Air Show; 
Atlantic Ocean, Fort Lauderdale, FL.

    (a) Location. The following area is a regulated area located on the 
Atlantic Ocean in Fort Lauderdale, FL. All waters of the Atlantic Ocean 
encompassed within an imaginary line connecting the following points: 
Starting at Point 1 in position 26[deg]11'01'' N 080[deg]05'42'' W; 
thence due east to Point 2 in position 26[deg]11'01'' N 080[deg]05'00'' 
W; thence south west to Point 3 in position 26[deg]05'42'' N 
080[deg]05'35'' W; thence west to Point 4 in position 26[deg]05'42'' N 
080[deg]06'17'' W; thence following the shoreline north back to the 
point of origin. These coordinates are based on North American Datum 
1983.
    (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 non-participant vessels or persons 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) 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-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.
    (d) Enforcement period. This rule will be enforced annually on one 
weekend (Saturday and Sunday) during the month of May. The exact dates 
will be published annually in the Federal Register through a Notice of 
Enforcement. The Coast Guard may use Broadcast Notice to Mariners via 
VHF-FM channel 16 or on-scene designated representatives to notify the 
public of the exact dates and time of enforcement.

    Dated: May 1, 2018.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2018-09497 Filed 5-3-18; 8:45 am]
 BILLING CODE 9110-04-P