[Federal Register Volume 63, Number 60 (Monday, March 30, 1998)]
[Rules and Regulations]
[Pages 15089-15090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8261]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07-98-004]
RIN 2115-AE46
Special Local Regulations; Annual Air & Sea Show, Fort
Lauderdale, FL
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing 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: This rule becomes effective April 29, 1998.
FOR FURTHER INFORMATION CONTACT:
LTJG J. Delgado Coast Guard Group Miami, Florida at (305) 535-4409.
SUPPLEMENTARY INFORMATION:
Regulatory History
On February 17, 1998 (63 FR 7740), the Coast Guard published a
Notice of Proposed Rulemaking seeking comments on the establishment of
permanent special local regulations for the Air & Sea Show held
annually on the third Friday, Saturday and Sunday of May off of Fort
Lauderdale, Florida. One comment was received from the Florida
Department of Natural Resources, seeking a slight change in the
coordinates of the regulated area to better protect marine species. The
Coast Guard has incorporated the suggested change into the regulations.
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
offshore 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
event 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.
These regulations will prohibit non-participating vessels from
entering the regulated area, and directs participants to obey
instructions from the patrol commander.
Regulatory Evaluation
This rule 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
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 hours on Friday,
and 8 hours on Saturday and Sunday.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.), the
Coast Guard must consider whether this rule 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
rule 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.
Collection of Information
These 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
action and has determined pursuant to section 2.B.2.a (CE #34(h)) of
Commandant Instruction M16475.1C, that this action is categorically
excluded from further environmental documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Final Regulations
In consideration of the foregoing, the Coast Guard amends 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 section 100.731 is added to read as follows:
[[Page 15090]]
Sec. 100.731 Special local regulations; annual Ft. Lauderdale Air &
Sea Show, Ft. Lauderdale, FL.
(a) Regulated area. The following is a regulated area: All waters
of the Atlantic Ocean west of a line drawn from 26-10.32N, 080-05.9W to
26-06.36N, 080-05.58W. 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: March 20, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 98-8261 Filed 3-27-98; 8:45 am]
BILLING CODE 4910-15-M
