[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Proposed Rules]
[Pages 7740-7741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3912]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07-98-004]
RIN 2115-AE46
Special Local Regulations; Annual Air and Sea Show, Fort
Lauderdale, FL
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent special local
regulations for the City of Fort Lauderdale Annual Air & Sea Show. This
event will be held annually on the first Friday, Saturday and Sunday of
May, 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: Comments must be received on or before March 19, 1998.
ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Miami, 100
MacArthur Causeway Miami Beach, Florida 33139, or may be delivered to
the Operations Department at the same address between 7 a.m. and 3:30
p.m., Monday through Friday, except federal holidays. The telephone
number is (305) 535-4448. Comments will be a part of the public docket
and will be available for copying and inspection at the same address.
FOR FURTHER INFORMATION CONTACT:
LTJG J. Delgado Coast Guard Group Miami, Florida at (305) 535-4409.
SUPPLEMENTARY INFORMATION: .
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written views, data, or arguments.
Persons submitting comments should include their names, addresses,
identify this rulemaking (CGD07-98-004), and the specific section of
this proposal to which their comments apply, and give reasons for each
comment.
[[Page 7741]]
The Coast Guard will consider all comments received during the
comment period. It may change this proposed rule in view of the
comments received.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the address under ADDRESSES. The request
should include the reasons why a hearing would be beneficial. If it
determines that the opportunity for oral presentations will aid this
rulemaking, the Coast Guard will hold a public hearing at a time and
place announced by a later notice in the Federal Register.
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
off shore 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
even 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.
The proposed regulations will prohibit non-participating vessels
from entering the regulated area, and directs participants to obey
instructions from the patrol commander.
Regulatory Evaluation
This proposal 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
proposed 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 is prohibited for only 6.0
hours on Friday, and 8.0 hours on Saturday and Sunday on the day of the
event.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.), the
Coast Guard must consider whether this proposed rule, if adopted, 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 U.S.C. 605 (b) that this
proposed rule, if adopted, 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 each
year. If, however, you think that your business or organization
qualifies as a small entity and that this proposed rule will have a
significant economic impact on your business or organization, please
submit a comment (see ADDRESSES) explaining why you think it qualifies
and in what way and to what degree this proposed rule will economically
affect it.
Collection of Information
These proposed 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
proposal consistent with Section 2.B.2 of Commandant Instruction
M16475.1B. In accordance with that section, this proposal has been
environmentally assessed (EA completed), and the Coast Guard has
concluded that it will not significantly affect the quality of the
human environment. An Environmental Assessment and a Finding of No
Significant Impact have been prepared and are available in the docket
for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Proposed Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend 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 Sec. 100.731 is added to read as follows:
Sec. 100.731 Special Local Regulations; City of Ft. Lauderdale Air &
Sea Show, Ft. Lauderdale.
(a) Regulated area. The following is a regulated area: All waters
of the Atlantic Ocean west of a line drawn from 26-10.22 North, 080-
05.9 West to 26-06.22 North, 080-05.34 West. All coordinates referenced
use Datum: NAD 83.
(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 become effective annually on the first
Friday, Saturday and Sunday of May, from 9 a.m. to 3 p.m. (EDT) on
Friday, and from 9 a.m. to 5 p.m. (EDT) on Saturday and Sunday.
Dated: February 3, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 98-3912 Filed 2-13-98; 8:45 am]
BILLING CODE 4910-14-M
