[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Rules and Regulations]
[Pages 74261-74263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25748]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0128]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation (SLR) in the Atlantic Ocean east of Fort Lauderdale, Florida 
in connection with the Ft Lauderdale Air Show. The Ft Lauderdale Air 
Show is listed as typically occurring annually over one weekend in May. 
This year, however, the sponsor changed the event's date to the weekend 
of November 20, 2020. The SLR extends north of the Port Everglades 
Inlet approximately six miles and is necessary to ensure the safety of 
the public, spectators, participating vessels, and marine environment 
during aerobatic maneuvers by low-flying airplanes and high-speed 
surface demonstrations during the Fort Lauderdale Air Show. This SLR 
prohibits persons and non-participant vessels from entering, 
transiting, anchoring in, or remaining within the regulated area unless 
authorized by the Captain of the Port (COTP) Miami or a designated 
representative.

DATES: This rule is effective from 10 a.m. to 5 p.m. daily from 
November 20, 2020, through November 22, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0128 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, 
contact Omar Beceiro, Sector Miami Waterways Management Division, U.S. 
Coast Guard by telephone at 305-535-4317 or by email at 
[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 Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a

[[Page 74262]]

notice of proposed rulemaking (NPRM) with respect to this rule since 
this event has previously undergone the NPRM process and is listed as a 
recurring event in 33 CFR 100.702, on Line 3 of Table 1 to Sec.  
100.702. In addition, the sponsor notified the Coast Guard of the event 
with insufficient time to prepare and publish an NPRM. Immediate action 
is needed to respond to the potential safety hazards associated with 
aerobatic and high-speed surface demonstrations associated with the 
Fort Lauderdale Air Show. It is impracticable to publish an NPRM 
because we must establish this safety zone by November 20, 2020.
    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 hazards associated with aerobatic and 
high-speed surface demonstrations associated with the Fort Lauderdale 
Air Show.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTP Miami has determined potential hazards associated with 
aerobatic and high-speed surface demonstrations from November 20, 2020, 
through November 22, 2020, will be a safety concern for anyone within 
the regulated area. This rule is needed to protect spectators, vessels, 
and the marine environment in the navigable waters within the SLR.

IV. Discussion of the Rule

    This rule establishes a temporary SLR in connection with the Ft 
Lauderdale Air Show from 10 a.m. to 5 p.m. daily from November 20, 2020 
through November 22, 2020. The Ft Lauderdale Air Show is listed in 33 
CFR 100.702, on Line 3 of Table 1 to Sec.  100.702 as typically 
occurring annually over one weekend in May. This year; however, the 
sponsor changed the event's date to the weekend of November 20, 2020. 
The SLR extends north of the Port Everglades Inlet approximately six 
miles and is necessary to ensure the safety of the public, spectators, 
participating vessels, and marine environment during aerobatic 
maneuvers by low-flying airplanes and high-speed surface demonstrations 
during the Fort Lauderdale Air Show. Non-participant vessels are 
prohibited from entering, transiting, anchoring in, or remaining within 
the regulated area without obtaining permission from the COTP Miami or 
a designated representative.

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 scope of the SLR. The SLR will affect a small 
designated area of the Atlantic Ocean over a period of three days 
during the month of November, making it limited in size, location and 
duration. Vessel traffic will be able to safely transit around the 
regulated area and vessels may seek permission to enter the zone, 
making it limited in scope. Moreover, the Coast Guard will notify the 
public of the regulated area through an entry in the Local Notice to 
Mariners and Broadcast Notice to Mariners on VHF-FM marine channel 16. 
In addition, the rule would allow.

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 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 
regulated area 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 (Pub. L. 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 
call or email 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.

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

[[Page 74263]]

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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-1, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined 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 SLR 
lasting seven hours per day over three days that will prohibit persons 
and vessels from entering or transiting the regulated area during the 
air show. In April 2018, the Coast Guard prepared a Supplemental 
Environmental Assessment to assess the effects of the Ft Lauderdale Air 
show on the human environment resulting in a finding of no significant 
impact. The Supplemental Environmental Assessment and Finding of No 
Significant Impact (FONSI) are 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 call or email 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); Waterways; 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:  46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T07-0128 to read as follows:


Sec.  100.T07-0128  Special Local Regulation; Fort Lauderdale Air Show; 
Atlantic Ocean, Fort Lauderdale, FL.

    (a) Regulated area. The regulations in this section apply to the 
following area 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 COTP 
Miami in the enforcement of the regulated area.
    (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 COTP Miami or a designated 
representative.
    (2) Persons and vessels desiring to enter, transit, anchor in, or 
remain within the regulated area may contact the COTP 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 COTP Miami or a designated 
representative.
    (d) Enforcement period. This rule is will be enforced from 10 a.m. 
to 5 p.m. daily from November 20, 2020, through November 22, 2020.

    Dated: November 17, 2020.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2020-25748 Filed 11-19-20; 8:45 am]
BILLING CODE 9110-04-P