Special Local Regulation; 2013 Lauderdale Air Show, Atlantic Ocean; Fort Lauderdale, FL, 2225-2228 [2013-00275]
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Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Proposed Rules
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have 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.
For the reasons discussed, I certify
this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska to the extent that it justifies
making a regulatory distinction; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared an economic evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
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■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
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Eurocopter Deutschland GmbH: Docket No.
FAA–2012–1305; Directorate Identifier
2010–SW–041–AD.
(a) Applicability
This AD applies to the following
Eurocopter Deutschland GmbH (Eurocopter)
model helicopters, with a listed cantilever
assembly, cyclic stick locking device, or
cyclic stick holder assembly part number (P/
N) installed, certificated in any category:
(1) Model BO–105A, BO–105C, BO–105S,
and BO–105LS A–1 helicopters with a
cantilever assembly, P/N 105–40132 or 105–
40139, installed.
(2) Model BO 105 LS A–3 helicopters with
a cantilever assembly, P/N 105–40139,
installed.
(3) Model EC135 P1, EC135 P2, EC135 P2+,
EC135 T1, EC135 T2, and EC135 T2+
helicopters, serial number (S/N) 0005 up to
and including S/N 0699 except S/Ns 0076,
0093, 0098, 0099, 0102, 0104, 0106, 0108,
0110, 0111, 0113, 0114, 0116, 0117, and
0119, with a cyclic stick locking device, P/
N L670M1045101, L670M1045102,
L670M1045104, L670M1045105,
L670M1045106, or L670M1045107, and Pin,
P/N L311M1038205 or L311M1099205,
installed.
(4) Model MBB–BK117 A–1, MBB–BK117
A–3, MBB–BK117 A–4, MBB–BK117 B–1,
MBB–BK117 B–2, and MBB–BK117 C–1
helicopters, with a cyclic stick holder
assembly, P/N 117–41140–01, 117–41230–01,
or 117–41230–03, installed.
(5) Model MBB–BK117 C–2 helicopters, S/
N 9004 up to and including S/N 9230, with
a cyclic stick locking device, P/N
B856M1011101, and Pin, P/N L311M1038205
or L311M1099205, installed.
(b) Unsafe Condition
This AD defines the unsafe condition as
inadvertent locking of the cyclic prior to take
off, which could result in loss of control of
the helicopter.
(c) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
(d) Required Actions
Within 100 hours time-in-service:
(1) For Model BO–105A, BO–105C, BO–
105S, and BO–105LS A–1 helicopters,
modify and identify the cyclic stick locking
device by following the Accomplishment
Instructions, paragraphs 2.B.1. through
2.B.2.4 and 2.B.3. through 2.B.3.3., of
Eurocopter Alert Service Bulletin (ASB) No.
BO105–40–106, dated December 19, 2008.
(2) For Model BO–105 LS A–3 helicopters,
modify and identify the cyclic stick locking
device by following the Accomplishment
Instructions, paragraphs 2.B.1.through
2.B.1.3, of Eurocopter ASB No. ASB–BO 105
LS 40–10, dated May 8, 2009.
(3) For Model EC135 P1, EC135 P2, EC135
P2+, EC135 T1, EC135 T2, and EC135 T2+,
helicopters, modify and identify the cyclic
stick cantilever by following the
Accomplishment Instructions, paragraphs
3.B. through 3.C., of Eurocopter ASB EC135–
67A–015, dated April 14, 2008.
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(4) For Model MBB–BK 117 A–1, MBB–BK
117 A–3, MBB–BK 117 A–4, MBB–BK 117 B–
1, MBB–BK 117 B–2, and MBB–BK 117 C–
1 helicopters, modify and identify the cyclic
stick locking device by following the
Accomplishment Instructions, paragraphs
2.B.1. through 2.B.2.2., of Eurocopter ASB
No. ASB–MBB–BK117–40–113, dated
December 22, 2008.
(5) For Model MBB–BK117 C–2
helicopters, modify and identify the cyclic
stick cantilever by following the
Accomplishment Instructions, paragraphs
3.B. through 3.C., of Eurocopter ASB MBB
BK117 C–2–67A–008, dated April 14, 2008.
(e) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to: Jim Grigg,
Manager, Safety Management Group,
Rotorcraft Directorate, FAA, 2601 Meacham
Blvd., Fort Worth, Texas 76137; telephone
(817) 222–5110; email jim.grigg@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office before
operating any aircraft complying with this
AD through an AMOC.
(f) Additional Information
The subject of this AD is addressed in
European Aviation Safety Agency (EASA) AD
No. 2010–0049, dated March 19, 2010, which
superseded EASA AD No. 2009–0079, dated
April 1, 2009; and EASA AD No. 2008–0113,
dated June 10, 2008.
(g) Subject
Joint Aircraft Service Component (JASC)
Code: 6710 Main Rotor Control.
Issued in Fort Worth, Texas, on January 2,
2013.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft
Directorate, Aircraft Certification Service.
[FR Doc. 2013–00311 Filed 1–9–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2012–1073]
RIN 1625–AA08
Special Local Regulation; 2013
Lauderdale Air Show, Atlantic Ocean;
Fort Lauderdale, FL
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish special local regulations on
SUMMARY:
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Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Proposed Rules
the Atlantic Ocean and the entrance of
Port Everglades in the vicinity of Fort
Lauderdale, Florida during the 2013
Lauderdale Air Show. The event is
scheduled to take place from Thursday
April 18, 2013 through Sunday, April
21, 2013. The regulation is necessary for
the safety of the participants, spectators,
and the general public during the event.
The special local regulations will
establish the following two areas: an
exclusion area, where all persons and
vessels, except those persons and
vessels participating in the event, are
prohibited from entering, transiting
through, anchoring in, or remaining
within; a limited access area, where all
vessels over 500 gross tons will be
prohibited from entering, transiting
through, anchoring in, or remaining
within unless authorized by the Captain
of the Port Miami or a designated
representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before February 11, 2013.
Requests for public meetings must be
received by the Coast Guard on or before
February 11, 2013.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade Mike H.
Wu, Sector Miami Prevention
Department, Coast Guard; telephone
(305) 535–7576, email
Mike.H.Wu@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
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NPRM
Notice of Proposed Rulemaking
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
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.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number USCG–2012–1073 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number USCG–2012–1073 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this rulemaking. You
may also visit the Docket Management
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Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before February 11, 2013,
using one of the methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
B. Regulatory History and Information
Previously, temporary special local
regulations regarding this maritime
event have been published in the Code
of Federal Regulations at 33 CFR
100.701. No final rule has been
published in regards to this event. The
proposed special local regulations are
not new in their entirety, but merely
reflect updates to certain details of the
event.
C. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233. The purpose of the rule is to
insure safety of life on navigable waters
of the United States during the
Lauderdale Air Show.
D. Discussion of Proposed Rule
From Thursday, April 18, 2013
through Sunday, April 21, 2013,
Lauderdale Air Show, LLC. will be
hosting the 2013 Lauderdale Air Show.
The Lauderdale Air Show will include
numerous aircraft engaging in aerobatic
maneuvers over the Atlantic Ocean. It is
expected that approximately 500
spectator vessels will be present in the
area during the event. The high speed at
which participant aircraft will be
traveling and the maneuvers they will
be performing pose a safety hazard to air
show participants, participant aircraft,
spectators, and the general public.
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The Coast Guard is establishing two
regulated areas for the 2013 Lauderdale
Air Show. The two regulated areas are
listed below.
1. Atlantic Ocean, Fort Lauderdale,
Florida. Certain navigable waters of the
Atlantic Ocean in the vicinity of Fort
Lauderdale, Florida. This exclusion area
will be enforced daily from 10:00 a.m.
until 5:00 p.m. from April 18, 2013
through April 21, 2013. Persons and
vessels 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. Port Everglades, Fort Lauderdale,
Florida. Certain navigable waters of the
Atlantic Ocean in the vicinity of Port
Everglades in Fort Lauderdale, Florida.
This limited access area will be
enforced daily from 4:00 p.m. until 5:30
p.m. on April 20, 2013 and April 21,
2013. Vessels over 500 gross tons 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.
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 radio
on channel 16, to request authorization.
If authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Captain
of the Port Miami or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Miami or a
designated representative. The Coast
Guard will provide notice of the special
local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
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E. 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 or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
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section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. The economic impact of this
proposed rule is not significant for the
following reasons: (1) The special local
regulations will be enforced for a
maximum of 7 and a half hours each
day for only four days; (2) nonparticipant persons and vessels may
enter, transit through, anchor in, or
remain within the exclusion area during
their respective enforcement periods if
authorized by the Captain of the Port
Miami or a designated representative;
(3) vessels 500 gross tons or more may
enter, transit through, anchor in, or
remain within the limited access area
during their respective enforcement
periods if authorized by the Captain of
the Port Miami or a designated
representative; (4) vessels not able to
enter, transit through, anchor in, or
remain within the regulated areas
without authorization from the Captain
of the Port Miami or a designated
representative may operate in the
surrounding areas during the respective
enforcement periods; and (4) the Coast
Guard will provide advance notification
of the special local regulations to the
local maritime community by Local
Notice to Mariners and Broadcast Notice
to Mariners.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities. This rule may
affect the following entities, some of
which may be small entities: the owners
or operators of vessels intending to
enter, transit through, anchor in, or
remain within any of the regulated areas
during the respective enforcement
period. For the reasons discussed in the
Regulatory Planning and Review section
above, this rule will not have a
significant economic impact on a
substantial number of small entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that 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.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
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2227
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed 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, above. 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.
4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
5. Federalism
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 determined that this rule
does not have implications for
federalism.
6. 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.
7. 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
effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
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Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Proposed Rules
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
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14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f). Due to
potential environmental issues, we
conducted an environmental assessment
last year for both the issuance of the
marine event permit and the
establishment of this special local
regulation. The same environmental
assessment is being used for this year’s
event as it is substantially similar in all
aspects and therefore the potential
effects and alternatives would remain
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unchanged. After completing the
environmental assessment for the
issuance of the marine event permit and
the establishment of these special local
regulations, we have determined these
actions will not significantly affect the
human environment. The
environmental assessment and finding
of no significant impact (FONSI) are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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 proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35T07–1073
to read as follows:
■
§ 100.35T07–1073 Special Local
Regulations; 2013 Lauderdale Air Show,
Atlantic Ocean, Fort Lauderdale, FL.
(a) Regulated Areas. The following
regulated areas are established as
special local regulations. All
coordinates are North American Datum
1983.
(1) Exclusion area. All waters of the
Atlantic Ocean in the vicinity of Fort
Lauderdale, Florida that are
encompassed within an imaginary line
connecting the following points: starting
at Point 1 in position 26°10′39″ N,
80°05′47″ W; thence southeast to Point
2 in position 26°10′32″ N, 80°04′39″ W;
thence southwest to Point 3 in position
26°06′33″ N, 80°05′08″ W; thence
northwest to Point 4 in position
26°06′40″ N, 80°06′15″ W; thence
northeast back to origin. All persons and
vessels, except those persons and
vessels participating in the event, are
prohibited from entering, transiting
through, anchoring in, or remaining
within the exclusion area.
(2) Limited access area. All waters of
the Atlantic Ocean in the vicinity of
Fort Lauderdale, Florida that are
encompassed within an imaginary line
connecting the following points: starting
at Point 1 in position 26°05′41″ N,
80°06′59″ W; thence southeast to Point
2 in position 26°05′26″ N, 80°06′51″ W;
thence northeast to Point 3 in position
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26°05′32″ N, 80°05′24″ W; thence north
to Point 4 in position 26°05′42″ N,
80°05′24″ W; thence southwest back to
origin. All vessels 500 gross tons or
greater 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.
(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 persons and vessels, are
prohibited from:
(A) Entering, transiting through,
anchoring in, or remaining within the
exclusion area, unless participating in
the event.
(B) Transiting through, anchoring in,
or remaining within the limited access
area, unless less than 500 gross tons.
(2) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated areas by contacting the
Captain of the Port Miami by telephone
at 305–535–4472, or a designated
representative via VHF radio on channel
16. If authorization is granted by the
Captain of the Port Miami or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Miami or a
designated representative.
(2) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Date. The exclusion
area will be enforced daily from 10:00
a.m. until 5:00 p.m. from April 18, 2013
through April 21, 2013. The limited
access area will be enforced daily from
4:00 p.m. until 5:30 p.m. on April 20,
2013 and April 21, 2013.
Dated: December 26, 2012.
J.B. Pruett,
Captain, U.S. Coast Guard, Acting Captain
of the Port Miami.
[FR Doc. 2013–00275 Filed 1–9–13; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\10JAP1.SGM
10JAP1
]]>Agencies
[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Proposed Rules]
[Pages 2225-2228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00275]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2012-1073]
RIN 1625-AA08
Special Local Regulation; 2013 Lauderdale Air Show, Atlantic
Ocean; Fort Lauderdale, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish special local
regulations on
[[Page 2226]]
the Atlantic Ocean and the entrance of Port Everglades in the vicinity
of Fort Lauderdale, Florida during the 2013 Lauderdale Air Show. The
event is scheduled to take place from Thursday April 18, 2013 through
Sunday, April 21, 2013. The regulation is necessary for the safety of
the participants, spectators, and the general public during the event.
The special local regulations will establish the following two areas:
an exclusion area, where all persons and vessels, except those persons
and vessels participating in the event, are prohibited from entering,
transiting through, anchoring in, or remaining within; a limited access
area, where all vessels over 500 gross tons will be prohibited from
entering, transiting through, anchoring in, or remaining within unless
authorized by the Captain of the Port Miami or a designated
representative.
DATES: Comments and related material must be received by the Coast
Guard on or before February 11, 2013.
Requests for public meetings must be received by the Coast Guard on
or before February 11, 2013.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami
Prevention Department, Coast Guard; telephone (305) 535-7576, email
Mike.H.Wu@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
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. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number USCG-2012-1073 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number USCG-2012-1073 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before February 11, 2013, using one of the
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
B. Regulatory History and Information
Previously, temporary special local regulations regarding this
maritime event have been published in the Code of Federal Regulations
at 33 CFR 100.701. No final rule has been published in regards to this
event. The proposed special local regulations are not new in their
entirety, but merely reflect updates to certain details of the event.
C. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to insure safety of life on navigable waters of the United
States during the Lauderdale Air Show.
D. Discussion of Proposed Rule
From Thursday, April 18, 2013 through Sunday, April 21, 2013,
Lauderdale Air Show, LLC. will be hosting the 2013 Lauderdale Air Show.
The Lauderdale Air Show will include numerous aircraft engaging in
aerobatic maneuvers over the Atlantic Ocean. It is expected that
approximately 500 spectator vessels will be present in the area during
the event. The high speed at which participant aircraft will be
traveling and the maneuvers they will be performing pose a safety
hazard to air show participants, participant aircraft, spectators, and
the general public.
[[Page 2227]]
The Coast Guard is establishing two regulated areas for the 2013
Lauderdale Air Show. The two regulated areas are listed below.
1. Atlantic Ocean, Fort Lauderdale, Florida. Certain navigable
waters of the Atlantic Ocean in the vicinity of Fort Lauderdale,
Florida. This exclusion area will be enforced daily from 10:00 a.m.
until 5:00 p.m. from April 18, 2013 through April 21, 2013. Persons and
vessels 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. Port Everglades, Fort Lauderdale, Florida. Certain navigable
waters of the Atlantic Ocean in the vicinity of Port Everglades in Fort
Lauderdale, Florida. This limited access area will be enforced daily
from 4:00 p.m. until 5:30 p.m. on April 20, 2013 and April 21, 2013.
Vessels over 500 gross tons 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.
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 radio on channel 16, to request authorization. If authorization
to enter, transit through, anchor in, or remain within the regulated
area is granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Miami or a
designated representative. The Coast Guard will provide notice of the
special local regulation by Local Notice to Mariners, Broadcast Notice
to Mariners, and on-scene designated representatives.
E. 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 or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this proposed rule is not significant for the following reasons: (1)
The special local regulations will be enforced for a maximum of 7 and a
half hours each day for only four days; (2) non-participant persons and
vessels may enter, transit through, anchor in, or remain within the
exclusion area during their respective enforcement periods if
authorized by the Captain of the Port Miami or a designated
representative; (3) vessels 500 gross tons or more may enter, transit
through, anchor in, or remain within the limited access area during
their respective enforcement periods if authorized by the Captain of
the Port Miami or a designated representative; (4) vessels not able to
enter, transit through, anchor in, or remain within the regulated areas
without authorization from the Captain of the Port Miami or a
designated representative may operate in the surrounding areas during
the respective enforcement periods; and (4) the Coast Guard will
provide advance notification of the special local regulations to the
local maritime community by Local Notice to Mariners and Broadcast
Notice to Mariners.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This rule may affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to enter, transit through, anchor in, or remain within any of
the regulated areas during the respective enforcement period. For the
reasons discussed in the Regulatory Planning and Review section above,
this rule will not have a significant economic impact on a substantial
number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that 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.
3. Assistance for Small Entities
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 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, above. 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.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
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
determined that this rule does not have implications for federalism.
6. 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.
7. 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 effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with
[[Page 2228]]
Constitutionally Protected Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). Due to
potential environmental issues, we conducted an environmental
assessment last year for both the issuance of the marine event permit
and the establishment of this special local regulation. The same
environmental assessment is being used for this year's event as it is
substantially similar in all aspects and therefore the potential
effects and alternatives would remain unchanged. After completing the
environmental assessment for the issuance of the marine event permit
and the establishment of these special local regulations, we have
determined these actions will not significantly affect the human
environment. The environmental assessment and finding of no significant
impact (FONSI) are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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 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 a temporary Sec. 100.35T07-1073 to read as follows:
Sec. 100.35T07-1073 Special Local Regulations; 2013 Lauderdale Air
Show, Atlantic Ocean, Fort Lauderdale, FL.
(a) Regulated Areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
(1) Exclusion area. All waters of the Atlantic Ocean in the
vicinity of Fort Lauderdale, Florida that are encompassed within an
imaginary line connecting the following points: starting at Point 1 in
position 26[deg]10'39'' N, 80[deg]05'47'' W; thence southeast to Point
2 in position 26[deg]10'32'' N, 80[deg]04'39'' W; thence southwest to
Point 3 in position 26[deg]06'33'' N, 80[deg]05'08'' W; thence
northwest to Point 4 in position 26[deg]06'40'' N, 80[deg]06'15'' W;
thence northeast back to origin. All persons and vessels, except those
persons and vessels participating in the event, are prohibited from
entering, transiting through, anchoring in, or remaining within the
exclusion area.
(2) Limited access area. All waters of the Atlantic Ocean in the
vicinity of Fort Lauderdale, Florida that are encompassed within an
imaginary line connecting the following points: starting at Point 1 in
position 26[deg]05'41'' N, 80[deg]06'59'' W; thence southeast to Point
2 in position 26[deg]05'26'' N, 80[deg]06'51'' W; thence northeast to
Point 3 in position 26[deg]05'32'' N, 80[deg]05'24'' W; thence north to
Point 4 in position 26[deg]05'42'' N, 80[deg]05'24'' W; thence
southwest back to origin. All vessels 500 gross tons or greater 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.
(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 persons and vessels, are prohibited from:
(A) Entering, transiting through, anchoring in, or remaining within
the exclusion area, unless participating in the event.
(B) Transiting through, anchoring in, or remaining within the
limited access area, unless less than 500 gross tons.
(2) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the Captain of the Port Miami by telephone at 305-535-4472, or a
designated representative via VHF radio on channel 16. If authorization
is granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Miami or a
designated representative.
(2) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement Date. The exclusion area will be enforced daily
from 10:00 a.m. until 5:00 p.m. from April 18, 2013 through April 21,
2013. The limited access area will be enforced daily from 4:00 p.m.
until 5:30 p.m. on April 20, 2013 and April 21, 2013.
Dated: December 26, 2012.
J.B. Pruett,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2013-00275 Filed 1-9-13; 8:45 am]
BILLING CODE 9110-04-P
