83_FR_19715 83 FR 19628 - Special Local Regulation: Fort Lauderdale Air Show; Atlantic Ocean, Fort Lauderdale, FL

83 FR 19628 - Special Local Regulation: Fort Lauderdale Air Show; Atlantic Ocean, Fort Lauderdale, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 87 (May 4, 2018)

Page Range19628-19630
FR Document2018-09497

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.

Federal Register, Volume 83 Issue 87 (Friday, May 4, 2018)
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Rules and Regulations]
[Pages 19628-19630]
From the Federal Register Online  [www.thefederalregister.org]
[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



                                           19628                    Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations

                                           V. Paperwork Reduction Act of 1995                          (2) Validation of cleaning and                      Lauderdale Air Show. This special local
                                             This final administrative order                         disinfection instructions must                        regulation prohibits persons and non-
                                           establishes special controls that refer to                demonstrate that the device can be                    participant vessels from entering,
                                           previously approved collections of                        safely and effectively reprocessed after              transiting through, anchoring in, or
                                           information found in other FDA                            use per the recommended cleaning and                  remaining within the regulated area
                                           regulations. These collections of                         disinfection protocol in the instructions             unless authorized by the Captain of the
                                           information are subject to review by the                  for use.                                              Port Miami or a designated
                                           Office of Management and Budget                             (3) Analysis and/or testing must                    representative.
                                           (OMB) under the Paperwork Reduction                       validate electromagnetic compatibility                DATES: This rule is effective May 4,
                                           Act of 1995 (44 U.S.C. 3501–3520). The                    and electrical safety, including the                  2018.
                                           collections of information in part 807,                   safety of any battery used in the device,
                                                                                                     under conditions which are consistent                 ADDRESSES: To view documents
                                           subpart E have been approved under                                                                              mentioned in this preamble as being
                                           OMB control number 0910–0120 and                          with the intended environment of
                                                                                                     device use.                                           available in the docket, go to http://
                                           the collections of information under 21                                                                         www.regulations.gov, type USCG–2017–
                                           CFR part 801 have been approved under                       (4) Software verification, validation,
                                                                                                     and hazard analysis must be performed.                0993 in the ‘‘SEARCH’’ box and click
                                           OMB control number 0910–0485.                                                                                   ‘‘SEARCH.’’ Click on Open Docket
                                                                                                       (5) Labeling must include:
                                           List of Subjects in 21 CFR Part 880                         (i) A clear description of the device               Folder on the line associated with this
                                                                                                     and its technological features;                       rule.
                                              Medical devices.
                                                                                                       (ii) How the device is to be used,                  FOR FURTHER INFORMATION CONTACT: If
                                              Therefore, under the Federal Food,                                                                           you have questions on this rule, call or
                                           Drug, and Cosmetic Act (21 U.S.C. 321                     including validated cleaning and
                                                                                                     disinfection instructions;                            email Petty Officer Mara J. Brown,
                                           et seq., as amended) and under                                                                                  Sector Miami Waterways Management
                                           authority delegated to the Commissioner                     (iii) Relevant precautions and
                                                                                                     warnings based on performance and in-                 Division, U.S. Coast Guard; telephone
                                           of Food and Drugs, 21 CFR part 880 is                                                                           305–535–4317, email Mara.J.Brown@
                                           amended as follows:                                       use testing to ensure proper use of the
                                                                                                     device; and                                           uscg.mil.
                                           PART 880—GENERAL HOSPITAL AND                               (iv) Instructions to install device in              SUPPLEMENTARY INFORMATION:
                                           PERSONAL USE DEVICES                                      adequately ventilated area and stable
                                                                                                     area.                                                 I. Table of Abbreviations
                                           ■ 1. The authority citation for part 880                    Dated: April 30, 2018.                              CFR Code of Federal Regulations
                                           continues to read as follows:                                                                                   DHS Department of Homeland Security
                                                                                                     Leslie Kux,
                                                                                                                                                           FR Federal Register
                                             Authority: 21 U.S.C. 351, 360, 360c, 360e,              Associate Commissioner for Policy.                    NPRM Notice of proposed rulemaking
                                           360j, 360l, 371.
                                                                                                     [FR Doc. 2018–09434 Filed 5–3–18; 8:45 am]            § Section
                                           ■ 2. Add § 880.6210 to subpart G to read                  BILLING CODE 4164–01–P                                U.S.C. United States Code
                                           as follows:                                                                                                     II. Background Information and
                                           § 880.6210       Sharps needle destruction                                                                      Regulatory History
                                           device.                                                   DEPARTMENT OF HOMELAND                                   The City of Fort Lauderdale notified
                                                                                                     SECURITY                                              the Coast Guard that it would be hosting
                                             (a) Identification. A sharps needle
                                           destruction device is a prescription                      Coast Guard                                           the Fort Lauderdale Air Show annually
                                           device that is intended to destroy                                                                              over a Saturday and Sunday during the
                                           needles or sharps used for medical                        33 CFR Part 100                                       month of May. The regulated area
                                           purposes by incineration or mechanical                                                                          would cover certain navigable waters of
                                           means.                                                    [Docket Number USCG–2017–0993]                        the Atlantic Ocean east of Fort
                                             (b) Classification. Class II (special                                                                         Lauderdale, Florida beginning at Port
                                                                                                     RIN 1625–AA08
                                           controls). The special controls for this                                                                        Everglades Inlet and continuing north
                                           device are:                                               Special Local Regulation: Fort                        for approximately six miles.
                                             (1) Performance testing must                            Lauderdale Air Show; Atlantic Ocean,                     In response, on January 25, 2018, the
                                           demonstrate the following during                          Fort Lauderdale, FL                                   Coast Guard published a notice of
                                           operation of the device:                                                                                        proposed rulemaking (NPRM) titled
                                             (i) The device safely contains or                       AGENCY:    Coast Guard, DHS.                          ‘‘Special Local Regulation: Fort
                                           ventilates aerosols or fumes from device                  ACTION:   Final rule.                                 Lauderdale Air Show; Atlantic Ocean,
                                           operation.                                                                                                      Fort Lauderdale, FL’’ (83 FR 3450).
                                             (ii) Excessive heat or sparks are not                   SUMMARY:   The Coast Guard is                         There we stated why we issued the
                                           generated that may injure users or                        establishing a recurring special local                NPRM, and invited comments on our
                                           patients.                                                 regulation for certain navigable waters               proposed regulatory action related to
                                             (iii) Simulated use testing must                        of the Atlantic Ocean east of Fort                    this event. During the comment period
                                           demonstrate sharps and/or needles are                     Lauderdale, Florida beginning at the                  that ended February 26, 2018, we
                                           completely destroyed using a range of                     Port Everglades Inlet and extending                   received 2 unrelated comments.
                                           types and sizes of sharps sufficient to                   north approximately six miles. The                       Under 5 U.S.C. 553(d)(3), the Coast
                                           represent actual use.                                     special local regulation is necessary to              Guard finds that good cause exists for
                                             (iv) Simulated use testing must                         ensure the safety of the public,                      making this rule effective less than 30
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                                           demonstrate that the device is                            spectators, vessels, and the marine                   days after publication in the Federal
                                           physically stable on the surface for                      environment during aerobatic                          Register. Delaying the effective date of
                                           which it is intended to be mounted to                     maneuvers conducted by high-speed,                    this rule would be impracticable
                                           ensure the risk of harm to the patient/                   low-flying airplanes and high speed                   because immediate action is needed to
                                           user as a result of the device falling is                 vessels performing inside of the                      respond to the potential safety dangers
                                           minimized.                                                regulated area during the Fort                        with aerial maneuvers conducted by


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                                                                  Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations                                         19629

                                           high speed, low-flying aircraft during air              approaches that maximize net benefits.                the Small Business and Agriculture
                                           shows. The special local regulation is                  Executive Order 13771 directs agencies                Regulatory Enforcement Ombudsman
                                           necessary to provide for the safety of                  to control regulatory costs through a                 and the Regional Small Business
                                           event participants, spectators and                      budgeting process. This rule has not                  Regulatory Fairness Boards. The
                                           vessels transiting in proximity to the                  been designated a ‘‘significant                       Ombudsman evaluates these actions
                                           event area.                                             regulatory action,’’ under Executive                  annually and rates each agency’s
                                                                                                   Order 12866. Accordingly, this rule has               responsiveness to small business. If you
                                           III. Legal Authority and Need for Rule                  not been reviewed by the Office of                    wish to comment on actions by
                                              The Coast Guard is issuing this rule                 Management and Budget (OMB), and                      employees of the Coast Guard, call 1–
                                           under authority in 33 U.S.C. 1231. The                  pursuant to OMB guidance it is exempt                 888–REG–FAIR (1–888–734–3247). The
                                           Captain of the Port Miami (COTP) has                    from the requirements of Executive                    Coast Guard will not retaliate against
                                           determined that potential hazards                       Order 13771.                                          small entities that question or complain
                                           associated with the aerobatic and high                     This regulatory action determination               about this rule or any policy or action
                                           speed aerial flight demonstrations                      is based on the size, location, duration,
                                                                                                                                                         of the Coast Guard.
                                           demonstrated during the Ft. Lauderdale                  and time-of-day of the special local
                                           Air Show will be a safety concern for                   regulation. Vessel traffic will be able to            C. Collection of Information
                                           spectators and non-participant vessels                  safely transit around this regulated area,
                                           in the regulated area. The purpose of                   which will affect a small designated                    This rule will not call for a new
                                           this rule is to ensure the safety of                    area of the Atlantic Ocean over a period              collection of information under the
                                           vessels, persons, marine environment,                   of two days during the month of May.                  Paperwork Reduction Act of 1995 (44
                                           and navigable waters in the regulated                   Moreover, the Coast Guard would issue                 U.S.C. 3501–3520).
                                           area before, during, and after the                      a Broadcast Notice to Mariners notifying
                                                                                                                                                         D. Federalism and Indian Tribal
                                           scheduled event.                                        the public of the regulated area via
                                                                                                                                                         Governments
                                                                                                   VHF–FM marine channel 16 and the
                                           IV. Discussion of Comments, Changes,                    rule would allow vessels to seek
                                           and the Rule                                                                                                     A rule has implications for federalism
                                                                                                   permission to enter the zone.                         under Executive Order 13132,
                                              As noted above, we received two                                                                            Federalism, if it has a substantial direct
                                                                                                   B. Impact on Small Entities
                                           comments on our NPRM published                                                                                effect on the States, on the relationship
                                           February 26, 2018. Both comments were                      The Regulatory Flexibility Act of
                                                                                                                                                         between the national government and
                                           unrelated to the regulation. There are no               1980, 5 U.S.C. 601–612, as amended,
                                                                                                   requires Federal agencies to consider                 the States, or on the distribution of
                                           changes in the regulatory text of this                                                                        power and responsibilities among the
                                           rule from the proposed rule in the                      the potential impact of regulations on
                                                                                                   small entities during rulemaking. The                 various levels of government. We have
                                           NPRM.
                                                                                                   term ‘‘small entities’’ comprises small               analyzed this rule under that Order and
                                              This rule establishes a special local
                                           regulation on certain waters of the                     businesses, not-for-profit organizations              have determined that it is consistent
                                           Atlantic Ocean east of Fort Lauderdale,                 that are independently owned and                      with the fundamental federalism
                                           Florida beginning at the Port Everglades                operated and are not dominant in their                principles and preemption requirements
                                           Inlet and continuing north for                          fields, and governmental jurisdictions                described in Executive Order 13132.
                                           approximately six miles. The duration                   with populations of less than 50,000.                    Also, this rule does not have tribal
                                           of the regulated area is intended to                    The Coast Guard received no comments                  implications under Executive Order
                                           ensure the safety of the public during                  from the Small Business Administration                13175, Consultation and Coordination
                                           the aerial flight demonstrations and                    on this rulemaking. The Coast Guard                   with Indian Tribal Governments,
                                           high speed boat races. Non-participant                  certifies under 5 U.S.C. 605(b) that this             because it does not have a substantial
                                           vessels are prohibited from entering,                   rule will not have a significant                      direct effect on one or more Indian
                                           transiting through, anchoring in, or                    economic impact on a substantial                      tribes, on the relationship between the
                                           remaining within the regulated area                     number of small entities.                             Federal Government and Indian tribes,
                                           without obtaining permission from the                      While some owners or operators of                  or on the distribution of power and
                                           Captain of the Port (COTP) Miami or a                   vessels intending to transit the safety               responsibilities between the Federal
                                           designated representative. The Coast                    zone may be small entities, for the                   Government and Indian tribes. If you
                                           Guard will provide notice of the                        reasons stated in section V.A above, this             believe this rule has implications for
                                           regulated area by Broadcast Notice to                   rule will not have a significant                      federalism or Indian tribes, please
                                           Mariners and on-scene designated                        economic impact on any vessel owner                   contact the person listed in the FOR
                                           representatives.                                        or operator.                                          FURTHER INFORMATION CONTACT section.
                                                                                                      Under section 213(a) of the Small
                                           V. Regulatory Analyses                                  Business Regulatory Enforcement                       E. Unfunded Mandates Reform Act
                                             We developed this rule after                          Fairness Act of 1996 (Public Law 104–
                                           considering numerous statutes and                       121), we want to assist small entities in               The Unfunded Mandates Reform Act
                                           Executive orders related to rulemaking.                 understanding this rule. If the rule                  of 1995 (2 U.S.C. 1531–1538) requires
                                           Below we summarize our analyses                         would affect your small business,                     Federal agencies to assess the effects of
                                           based on a number of these statutes and                 organization, or governmental                         their discretionary regulatory actions. In
                                           Executive orders, and we discuss First                  jurisdiction and you have questions                   particular, the Act addresses actions
                                           Amendment rights of protestors.                         concerning its provisions or options for              that may result in the expenditure by a
                                                                                                   compliance, please contact the person                 State, local, or tribal government, in the
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                                           A. Regulatory Planning and Review                       listed in the FOR FURTHER INFORMATION                 aggregate, or by the private sector of
                                              Executive Orders 12866 and 13563                     CONTACT section.                                      $100,000,000 (adjusted for inflation) or
                                           direct agencies to assess the costs and                    Small businesses may send comments                 more in any one year. Though this rule
                                           benefits of available regulatory                        on the actions of Federal employees                   will not result in such an expenditure,
                                           alternatives and, if regulation is                      who enforce, or otherwise determine                   we do discuss the effects of this rule
                                           necessary, to select regulatory                         compliance with, Federal regulations to               elsewhere in this preamble.


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                                           19630                  Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations

                                           F. Environment                                          back to the point of origin. These                    Lauderdale Air Show from May 5
                                             We have analyzed this rule under                      coordinates are based on North                        through 6, 2018 from 9:00 a.m. to 6:00
                                           Department of Homeland Security                         American Datum 1983.                                  p.m., to provide for the safety of life on
                                           Directive 023–01, and Commandant                          (b) Definition. The term ‘‘designated               navigable waterways during this event.
                                           Instruction M16475.1D, which guides                     representative’’ means Coast Guard                    During the enforcement periods, the
                                           the Coast Guard in complying with the                   Patrol Commanders, including Coast                    operator of any vessel in the regulated
                                           National Environmental Policy Act of                    Guard coxswains, petty officers, and                  area must comply with directions from
                                           1969 (42 U.S.C. 4321–4370f), and have                   other officers operating Coast Guard                  the Patrol Commander or any Official
                                           determined that this action is one of a                 vessels, and Federal, state, and local                Patrol displaying a Coast Guard ensign.
                                           category of actions that do not                         officers designated by or assisting the
                                                                                                                                                         DATES: The special local regulation in 33
                                           individually or cumulatively have a                     Captain of the Port Miami in the
                                                                                                                                                         CFR 100.726 will be enforced from 9
                                           significant effect on the human                         enforcement of the regulated area.
                                                                                                     (c) Regulations. (1) All non-                       a.m. until 6 p.m., each day from May 5,
                                           environment. This rule involves a                                                                             2018, through May 6, 2018.
                                           regulation that would prohibit persons                  participant vessels or persons are
                                                                                                   prohibited from entering, transiting                  FOR FURTHER INFORMATION CONTACT:    If
                                           and vessels from transiting the regulated
                                                                                                   through, anchoring in, or remaining                   you have questions about this notice of
                                           area during the air show. This action is
                                                                                                   within the regulated area unless                      enforcement, call Petty Officer Mara J.
                                           categorically excluded from further
                                                                                                   authorized by the Captain of the Port                 Brown, Sector Miami Waterways
                                           review under paragraph L61 of
                                                                                                   Miami or a designated representative.                 Management Division, U.S. Coast
                                           Appendix A, Table 1 of DHS Instruction
                                           Manual 023–01–001–01, Rev. 01. A                           (2) Persons and vessels desiring to                Guard; telephone 305–535–4317, email
                                           supplemental Environmental                              enter, transit through, anchor in, or                 Mara.J.Brown@uscg.mil.
                                           Assessment supporting this                              remain within the regulated area may                  SUPPLEMENTARY INFORMATION:       The Coast
                                           determination is available in the docket                contact the Captain of the Port Miami by              Guard will enforce the special local
                                           where indicated under ADDRESSES.                        telephone at (305) 535–4472, or a                     regulation in 33 CFR 100.726 for the
                                                                                                   designated representative via VHF–FM                  Fort Lauderdale Air Show regulated
                                           G. Protest Activities                                   radio on channel 16 to request                        area from 9:00 a.m. to 6:00 p.m. on May
                                             The Coast Guard respects the First                    authorization. If authorization is                    5 and 6, 2018. This action is being taken
                                           Amendment rights of protesters.                         granted, all persons and vessels                      to provide for the safety of life on
                                           Protesters are asked to contact the                     receiving such authorization must                     navigable waterways during this 2-day
                                           person listed in the FOR FURTHER                        comply with the instructions of the                   event. Our regulation for the Fort
                                           INFORMATION CONTACT section to                          Captain of the Port Miami or a                        Lauderdale Air Show, § 100.726,
                                           coordinate protest activities so that your              designated representative.                            specifies the location of the regulated
                                           message can be received without                            (d) Enforcement period. This rule will             area for the Fort Lauderdale Air Show
                                           jeopardizing the safety or security of                  be enforced annually on one weekend                   which is located on the Atlantic Ocean,
                                           people, places or vessels.                              (Saturday and Sunday) during the                      east of Ft. Lauderdale, FL. During the
                                                                                                   month of May. The exact dates will be                 enforcement periods, if you are the
                                           List of Subjects in 33 CFR Part 100                     published annually in the Federal                     operator of a vessel in the regulated area
                                             Marine safety, Navigation (water),                    Register through a Notice of                          you must comply with directions from
                                           Reporting and recordkeeping                             Enforcement. The Coast Guard may use                  the Patrol Commander or any Official
                                           requirements, Waterways.                                Broadcast Notice to Mariners via VHF–                 Patrol displaying a Coast Guard ensign.
                                             For the reasons discussed in the                      FM channel 16 or on-scene designated
                                                                                                   representatives to notify the public of                 In addition to this notice of
                                           preamble, the Coast Guard amends 33                                                                           enforcement in the Federal Register, the
                                           CFR part 100 as follows:                                the exact dates and time of enforcement.
                                                                                                                                                         Coast Guard plans to provide
                                                                                                     Dated: May 1, 2018.                                 notification of this enforcement period
                                           PART 100—SAFETY OF LIFE ON                              M.M. Dean,
                                           NAVIGABLE WATERS                                                                                              via the Local Notice to Mariners and
                                                                                                   Captain, U.S. Coast Guard, Captain of the             marine information broadcasts.
                                           ■ 1. The authority citation for part 100                Port Miami.
                                                                                                                                                           Dated: May 1, 2018.
                                           continues to read as follows:                           [FR Doc. 2018–09497 Filed 5–3–18; 8:45 am]
                                                                                                                                                         M.M. Dean,
                                                                                                   BILLING CODE 9110–04–P
                                               Authority: 33 U.S.C. 1233; 33 CFR 1.05–1.                                                                 Captain, U.S. Coast Guard, Captain of the
                                           ■   2. Add § 100.726 to read as follows:                                                                      Port Miami.
                                                                                                   DEPARTMENT OF HOMELAND                                [FR Doc. 2018–09496 Filed 5–3–18; 8:45 am]
                                           § 100.726 Special Local Regulation; Fort
                                           Lauderdale Air Show; Atlantic Ocean, Fort               SECURITY                                              BILLING CODE 9110–04–P

                                           Lauderdale, FL.
                                                                                                   Coast Guard
                                             (a) Location. The following area is a                                                                       DEPARTMENT OF HOMELAND
                                           regulated area located on the Atlantic                                                                        SECURITY
                                                                                                   33 CFR Part 100
                                           Ocean in Fort Lauderdale, FL. All
                                           waters of the Atlantic Ocean                            [Docket No. USCG–2017–0993]                           Coast Guard
                                           encompassed within an imaginary line
                                           connecting the following points:                        Special Local Regulation: Fort
                                                                                                                                                         33 CFR Part 117
                                           Starting at Point 1 in position 26°11′01″               Lauderdale Air Show; Atlantic Ocean,
                                           N 080°05′42″ W; thence due east to                      Fort Lauderdale, FL
amozie on DSK3GDR082PROD with RULES




                                                                                                                                                         [Docket No. USCG–2017–1074]
                                           Point 2 in position 26°11′01″ N                         AGENCY:  Coast Guard, DHS.
                                           080°05′00″ W; thence south west to                      ACTION: Notice of enforcement of                      Drawbridge Operation Regulation; San
                                           Point 3 in position 26°05′42″ N                         regulation.                                           Leandro Bay, Between Alameda and
                                           080°05′35″ W; thence west to Point 4 in                                                                       Bay Farm Island, CA
                                           position 26°05′42″ N 080°06′17″ W;                      SUMMARY:  The Coast Guard will enforce
                                           thence following the shoreline north                    the special local regulation for the Fort             AGENCY:   Coast Guard, DHS.


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Document Created: 2018-11-02 09:51:41
Document Modified: 2018-11-02 09:51:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective May 4, 2018.
ContactIf 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]
FR Citation83 FR 19628 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways

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