Special Local Regulations; Air & Sea Show, Fort Lauderdale, FL

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-99-017]

RIN 2115-AE46

Special Local Regulations; Air & Sea Show, Fort Lauderdale, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local

regulations for the City of Fort Lauderdale Air & Sea Show. This event

will be held from April 30th, through May 2nd, 1999, 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: These regulations are effective from 9 a.m. to 3 p.m. EDT on

Friday, April 30, 1999, and from 9 a.m. to 5 p.m. EDT on Saturday and

Sunday May 1st and 2nd 1999.

FOR FURTHER INFORMATION CONTACT: LTJG J. Delgado Coast Guard Group

Miami, Florida at (305) 535-4409.

SUPPLEMENTARY INFORMATION:

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.

[[Page 16814]]

Although a permanent regulation has been published for this event

(33 CFR 100.731), a change in the dates of 1999 caused the time period

to be outside the dates inclusive in the permanent regulation.

Therefore, in accordance with 5 U.S.C. 553, a notice of proposed

rulemaking was not published for this regulation and good cause exists

for making it effective in less than 30 days after publication in the

Federal Register. Publishing a NPRM and delaying its effective date

would be contrary to national safety interests since prompt action is

needed to minimize potential danger to the public. The permit with the

changed date was received less than six weeks prior to the event taking

place, and the public may be confused as to whether the permanent

regulation covers this time period.

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 offshore 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 5 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 in an area with

limited commercial traffic.

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 Figure 2-1, paragraph 34(g) 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.

Temporary 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 100.35T-07-017 is added to read as follows:

Sec. 100.35T-07-017 Special Local Regulations; Air & Sea Show, Ft.

Lauderdale, FL.

(a) Definitions:

(1) 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.

(2) Patrol Commander. The Coast Guard Patrol Commander is a

commissioned, warrant, or petty officer of the Coast Guard who has been

designated by Commander, Coast Guard Group Miami, Florida.

(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 are effective from 9 a.m. to 3 p.m.

EDT on Friday, April 30, 1999, and from 9 a.m. to 5 p.m. EDT on

Saturday and Sunday May 1st and 2nd 1999.

Dated: March 29, 1999.

N.T. Saunders,

Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard

District.

[FR Doc. 99-8573 Filed 4-6-99; 8:45 am]

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