83 FR 4169 - Special Local Regulation; Atlantic Ocean, Miami Beach, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 20 (January 30, 2018)

Page Range		4169-4171
FR Document		2018-01742

The Coast Guard proposes to establish a recurring special local regulation for navigable waters of the Atlantic Ocean, east of Miami Beach, FL beginning at Government Cut Inlet, for the Miami Beach Air and Sea Show. This action is necessary to ensure the safety of the general public, spectators, vessels, and marine environment from potential hazards during aerobatic maneuvers by high-speed, low-flying airplanes and high speed vessels performing during the Miami Beach Air and Sea Show. This proposed rulemaking would prohibit persons and non- participant vessels from entering, transiting, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Miami or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 20 (Tuesday, January 30, 2018)

[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Proposed Rules]
[Pages 4169-4171]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-01742]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-1035]
RIN 1625-AA00

Special Local Regulation; Atlantic Ocean, Miami Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a recurring special
local regulation for navigable waters of the Atlantic Ocean, east of
Miami Beach, FL beginning at Government Cut Inlet, for the Miami Beach
Air and Sea Show. This action is necessary to ensure the safety of the
general public, spectators, vessels, and marine environment from
potential hazards during aerobatic maneuvers by high-speed, low-flying
airplanes and high speed vessels performing during the Miami Beach Air
and Sea Show. This proposed rulemaking would prohibit persons and non-
participant vessels from entering, transiting, anchoring in, or
remaining within the regulated area unless authorized by the Captain of
the Port Miami or a designated representative. We invite your comments
on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before March 1, 2018.

ADDRESSES: You may submit comments on the Federal eRulemaking Portal at
http://www.regulations.gov using docket number USCG-2017-1035 in the
``Search'' feature. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Mara J. Brown, Sector
Miami Waterways Management Division, U.S. Coast Guard; telephone 305-
535-4317, email Mara.J.Brown@uscg.mil.

SUPPLEMENTARY INFORMATION:

[[Page 4170]]

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, Purpose, and Legal Basis

The city of Miami Beach has informed the Coast Guard it will be
hosting the Miami Beach Air and Sea Show annually over one weekend
(Saturday and Sunday) during the month of May. The special local
regulation proposed for this event would cover all navigable waters of
the Atlantic Ocean east of Miami Beach, FL beginning at Government Cut
Inlet and continuing north approximately two miles. The regulated area
is intended to protect personnel, vessels, and the marine environment
from potential hazards during aerobatic maneuvers by high speed, low
flying airplanes and high speed vessels during the air show. Over the
years, there have been unfortunate instances of aircraft mishaps during
performances at various air shows around the world. Occasionally, these
incidents result in a wide area of scattered debris in the water that
can damage property or cause significant injury or death to the public
observing the air shows. The Captain of the Port Miami has determined
that a special local regulation is necessary to protect the general
public from hazards associated with aerial flight demonstrations.
The Coast Guard proposes this rulemaking under authority in 33
U.S.C. 1231.

III. Discussion of Proposed Rule

This rule would establish a special local regulation over the
waters of the Atlantic Ocean east of Miami Beach, FL beginning at
Government Cut Inlet and continuing north approximately two miles. The
duration of the regulated area is intended to ensure the safety of the
aerial flight demonstrations and high speed boat races. Non participant
vessels or persons will not be permitted to enter the regulated area
without obtaining permission from the Captain of the Port or a
designated representative. The Coast Guard will provide a notice of the
regulated area by Broadcast Notice to Mariners and on-scene designated
representatives. The regulatory text we are proposing appears at the
end of this document.

IV. Regulatory Analyses

We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 regulated area. Vessel
traffic will be able to safely transit around the regulated area, which
would impact a small designated area of the Atlantic Ocean. Moreover,
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, 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 certifies under 5 U.S.C. 605(b) that this
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you believe your business, organization, or governmental
jurisdiction qualifies as a small entity and this rule would have a
significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule. If you believe this rule
would affect your small business, organization, or governmental
jurisdiction and have questions concerning its provisions or options
for compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.

C. Collection of Information

This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the

[[Page 4171]]

effects of this rule elsewhere in this preamble.

F. Environment

We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, which guides the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination 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 proposed rule
involves a regulated area that would prohibit persons and vessels from
transiting the regulated area during the air and sea show. Normally
such actions are categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination will be available once we receive public comment for
this rule and will be located in the docket indicated under ADDRESSES.
We seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 100

Marine safety; Navigation (water); Waterways; Reporting and
recordkeeping requirements.

For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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

0
2. Add Sec. [thinsp]100.725 to read as follows:

Sec. [thinsp]100.725 Special Local Regulation: Miami Beach Air and
Sea Show; Atlantic Ocean, Miami Beach, FL.

(a) Location: The following area is a regulated area located on the
Atlantic Ocean in Miami Beach, FL. All waters of the Atlantic Ocean
encompassed within an imaginary line connecting the following points:
Starting at Point 1 in position 25[deg]47'52'' N, 080[deg]6'55'' W;
thence southwest to Point 2 in position 25[deg]45'40'' N, 080[deg]
7'16'' W; thence northwest to Point 3 in position 25[deg]45'50'' N,
080[deg]07'49'' W; thence north to Point 4 in position 25[deg]47'56''
N,080[deg]07'30'' W; thence back to the origin at Point 1. These
coordinates are based on North American Datum 1983. All persons and
vessels, except those persons and vessels participating in the event,
are prohibited from entering, transiting, anchoring in, or remaining
within the regulated area.
(b) Definitions: (1) 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 areas.
(2) The term ``Patrol Commander'' means a commissioned, warrant, or
petty officer of the Coast Guard who has been designated by the
respective Coast Guard Sector Commander to enforce these regulations.
(3) The term ``spectators'' means all persons and vessels not
registered with the event sponsor as participants or official patrol
vessels.
(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 Captain of the Port or a
designated representative.
(2) Persons and vessels desiring to enter, transit, 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.
(3) The Coast Guard will notify the public in advance of the event
contained in these regulations by publishing a Notice of Enforcement in
the Federal Register in advance of the date of the event. In addition,
the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM
channel 16, or provide notice by on-scene designated representatives.
(d) Enforcement period: This rule will be enforced annually on a
weekend (Saturday and Sunday) during the month of May.

Dated: January 16, 2018.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2018-01742 Filed 1-29-18; 8:45 am]
BILLING CODE 9110-04-P

4170 Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Proposed Rules

I. Table of Abbreviations Executive orders related to rulemaking. Under section 213(a) of the Small
CFR Code of Federal Regulations
Below we summarize our analyses Business Regulatory Enforcement
DHS Department of Homeland Security based on a number of these statutes and Fairness Act of 1996 (Pub. L. 104–121),
FR Federal Register Executive orders and we discuss First we want to assist small entities in
NPRM Notice of proposed rulemaking Amendment rights of protestors. understanding this proposed rule. If you
§ Section believe this rule would affect your small
U.S.C. United States Code
A. Regulatory Planning and Review
business, organization, or governmental
Executive Orders 12866 and 13563 jurisdiction and have questions
II. Background, Purpose, and Legal direct agencies to assess the costs and
Basis concerning its provisions or options for
benefits of available regulatory compliance, please contact the person
The city of Miami Beach has informed alternatives and, if regulation is listed in the FOR FURTHER INFORMATION
the Coast Guard it will be hosting the necessary, to select regulatory CONTACT section. The Coast Guard will
Miami Beach Air and Sea Show approaches that maximize net benefits. not retaliate against small entities that
annually over one weekend (Saturday Executive Order 13771 directs agencies question or complain about this
and Sunday) during the month of May. to control regulatory costs through a proposed rule or any policy or action of
The special local regulation proposed budgeting process. This NPRM has not the Coast Guard.
for this event would cover all navigable been designated a ‘‘significant
waters of the Atlantic Ocean east of regulatory action,’’ under Executive C. Collection of Information
Miami Beach, FL beginning at Order 12866. Accordingly, the NPRM This proposed rule would not call for
Government Cut Inlet and continuing has not been reviewed by the Office of a new collection of information under
north approximately two miles. The Management and Budget (OMB), and the Paperwork Reduction Act of 1995
regulated area is intended to protect pursuant to OMB guidance it is exempt (44 U.S.C. 3501–3520).
personnel, vessels, and the marine from the requirements of Executive
D. Federalism and Indian Tribal
environment from potential hazards Order 13771.
This regulatory action determination Governments
during aerobatic maneuvers by high
speed, low flying airplanes and high is based on the size, location, duration, A rule has implications for federalism
speed vessels during the air show. Over and time-of-day of the regulated area. under Executive Order 13132,
the years, there have been unfortunate Vessel traffic will be able to safely Federalism, if it has a substantial direct
instances of aircraft mishaps during transit around the regulated area, which effect on the States, on the relationship
performances at various air shows would impact a small designated area of between the national government and
around the world. Occasionally, these the Atlantic Ocean. Moreover, the Coast the States, or on the distribution of
incidents result in a wide area of Guard would issue a Broadcast Notice to power and responsibilities among the
scattered debris in the water that can Mariners via VHF–FM marine channel various levels of government. We have
damage property or cause significant 16 about the zone, and the rule would analyzed this proposed rule under that
injury or death to the public observing allow vessels to seek permission to enter Order and have determined that it is
the air shows. The Captain of the Port the zone. consistent with the fundamental
Miami has determined that a special federalism principles and preemption
B. Impact on Small Entities requirements described in Executive
local regulation is necessary to protect
the general public from hazards The Regulatory Flexibility Act of Order 13132.
associated with aerial flight 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
demonstrations. requires Federal agencies to consider tribal implications under Executive
The Coast Guard proposes this the potential impact of regulations on Order 13175, Consultation and
rulemaking under authority in 33 U.S.C. small entities during rulemaking. The Coordination with Indian Tribal
1231. term ‘‘small entities’’ comprises small Governments, because it would not have
businesses, not-for-profit organizations a substantial direct effect on one or
III. Discussion of Proposed Rule that are independently owned and more Indian tribes, on the relationship
This rule would establish a special operated and are not dominant in their between the Federal Government and
local regulation over the waters of the fields, and governmental jurisdictions Indian tribes, or on the distribution of
Atlantic Ocean east of Miami Beach, FL with populations of less than 50,000. power and responsibilities between the
beginning at Government Cut Inlet and The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.
continuing north approximately two 605(b) that this proposed rule would not If you believe this proposed rule has
miles. The duration of the regulated area have a significant economic impact on implications for federalism or Indian
is intended to ensure the safety of the a substantial number of small entities. tribes, please contact the person listed
aerial flight demonstrations and high While some owners or operators of in the FOR FURTHER INFORMATION
speed boat races. Non participant vessels intending to transit the regulated CONTACT section.
vessels or persons will not be permitted area may be small entities, for the
reasons stated in section IV.A above, E. Unfunded Mandates Reform Act
to enter the regulated area without
obtaining permission from the Captain this proposed rule would not have a The Unfunded Mandates Reform Act
of the Port or a designated significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
representative. The Coast Guard will vessel owner or operator. Federal agencies to assess the effects of
provide a notice of the regulated area by If you believe your business, their discretionary regulatory actions. In
rmajette on DSKBCKNHB2PROD with PROPOSALS

Broadcast Notice to Mariners and on- organization, or governmental particular, the Act addresses actions
scene designated representatives. The jurisdiction qualifies as a small entity that may result in the expenditure by a
regulatory text we are proposing appears and this rule would have a significant State, local, or tribal government, in the
at the end of this document. economic impact on it, please submit a aggregate, or by the private sector of
comment (see ADDRESSES) explaining $100,000,000 (adjusted for inflation) or
IV. Regulatory Analyses why you think it qualifies and how and more in any one year. Though this
We developed this proposed rule after to what degree this rule would proposed rule would not result in such
considering numerous statutes and economically affect it. an expenditure, we do discuss the

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Document Created: 2018-10-26 10:13:19
Document Modified: 2018-10-26 10:13:19

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before March 1, 2018.
Contact		If you have questions about this proposed rulemaking, 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 Citation		83 FR 4169
RIN Number		1625-AA00

83 FR 4169 - Special Local Regulation; Atlantic Ocean, Miami Beach, FL

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 20 (January 30, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard