Special Local Regulations; 2013 Lauderdale Air Show, Atlantic Ocean; Fort Lauderdale, FL, 18235-18238 [2013-06800]
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Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations
(c) * * * (1) * * * See § 1.482–8 for
examples of the application of the best
method rule. * * *
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[FR Doc. 2013–07103 Filed 3–25–13; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
the first sentence, reinstate the
following sentence:
§ 1.1502–32
Investment adjustments.
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(c) * * *
(3) * * * For this purpose, the
preferred stock is treated as entitled to
a distribution no later than the time the
distribution is taken into account under
the Internal Revenue Code (e.g., under
section 305). * * *
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[FR Doc. 2013–07095 Filed 3–25–13; 8:45 am]
Treatment of Overall Foreign and
Domestic Losses
BILLING CODE 1505–01–D
DEPARTMENT OF THE TREASURY
CFR Correction
Internal Revenue Service
In Title 26 of the Code of Federal
Regulations, Part 1 (§§ 1.851 to 1.907),
revised as of April 1, 2012, on page 810,
in § 1.904(f)–0, under the heading
§ 1.904(f)–1 Overall foreign loss and the
overall foreign loss account., listings for
paragraphs (d)(4)(i) and (ii) are removed.
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26 CFR Part 1
Unified Rule for Loss on Subsidiary
Stock
[FR Doc. 2013–07111 Filed 3–25–13; 8:45 am]
CFR Correction
BILLING CODE 1505–01–D
■
Internal Revenue Service
In Title 26 of the Code of Federal
Regulations, Part 1 (§§ 1.1401 to 1.1550),
revised as of April 1, 2012, on page 505,
in § 1.1502–36, at the end of paragraph
(d)(8) Example 6 (ii)(D)(3), reinstate the
following sentence:
26 CFR Part 1
§ 1.1502–36
DEPARTMENT OF THE TREASURY
Treatment of Services Under Section
482; Allocation of Income and
Deductions From Intangible Property;
Stewardship Expense
CFR Correction
In Title 26 of the Code of Federal
Regulations, Part 1 (§§ 1.851 to 1.907),
revised as of April 1, 2012, on page 174,
in § 1.861–8, paragraph (h) is removed.
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Unified loss rule.
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(d) * * *
(8) * * *
Example 6. * * *
(ii) * * *
(D) * * *
(3) * * * Under the general rules of
this paragraph (d), S1’s $60 tier-down
attribute reduction amount is allocated
and applied to reduce S1’s basis in its
asset from $500 to $440.
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[FR Doc. 2013–07100 Filed 3–25–13; 8:45 am]
[FR Doc. 2013–07104 Filed 3–25–13; 8:45 am]
BILLING CODE 1505–01–D
BILLING CODE 1505–01–D
DEPARTMENT OF HOMELAND
SECURITY
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Coast Guard
26 CFR Part 1
33 CFR Part 100
Unified Rule for Loss on Subsidiary
Stock
[Docket No. USCG–2012–1073]
tkelley on DSK3SPTVN1PROD with RULES
RIN 1625–AA08
CFR Correction
In Title 26 of the Code of Federal
Regulations, Part 1 (§§ 1.1401 to 1.1550),
revised as of April 1, 2012, on page 443,
in § 1.1502–32, in paragraph (c)(3), after
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Special Local Regulations; 2013
Lauderdale Air Show, Atlantic Ocean;
Fort Lauderdale, FL
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
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SUMMARY: The Coast Guard is
establishing a special local regulation on
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, until Sunday, April 21,
2013. The regulation is necessary to
ensure the safety of the participants,
spectators, and the general public
during the event. The special local
regulation 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; and 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: This rule is effective from 10
a.m. on April 18, 2013, until 5:30 p.m.
on Sunday, April 21, 2013. The Atlantic
Ocean exclusion area will be enforced
daily from 10 a.m. until 5 p.m. from
April 18, 2013, until April 21, 2013. The
Port Everglades limited access area will
be enforced daily from 4 p.m. until 5:30
p.m. on April 20, 2013, and April 21,
2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–1073. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number 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.
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 Barbara
Hairston, 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
Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations
Notice of Proposed Rulemaking
A. Discussion of Comments and
Changes
On January 10, 2013, the USCG
published a Notice of Proposed
Rulemaking (NPRM) entitled, ‘‘Proposed
Rule: NPRM: Special Local Regulations:
2013 Lauderdale Air Show, Atlantic
Ocean; Fort Lauderdale, FL,’’ in the
Federal Register (78 FR 2225). We
received no comments on the proposed
rule (Docket No. USCG–2012–1073). No
public meeting was requested, and none
was held.
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B. Basis and Purpose
From Thursday, April 18, 2013, until
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.
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 2013
Lauderdale Air Show.
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard did not receive any
comments to the proposed rule and no
changes were made to the regulatory
text.
The Coast Guard is establishing a
special local regulation comprised of
two regulated areas for the 2013
Lauderdale Air Show. The two
regulated areas are listed below.
1. Atlantic Ocean, Fort Lauderdale,
Florida (exclusion area). Certain
navigable waters of the Atlantic Ocean
in the vicinity of Fort Lauderdale,
Florida. This area will be enforced daily
from 10 a.m. until 5 p.m. from April 18,
2013, through April 21, 2013. All
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 (limited access area). Certain
navigable waters of the Atlantic Ocean
in the vicinity of Port Everglades in Fort
Lauderdale, Florida. This will be a
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limited access area, and will be enforced
daily from 4 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.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This 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 rule
is not significant for the following
reasons: (1) The special local regulation
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
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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
The Regulatory Flexibility Act of 1980
(RFA), 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 zero
comments from the Small Business
Administration on this rule. 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. 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.
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 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.
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
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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.
4. 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).
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 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
INTFORMATION 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
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This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This 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.
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10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action 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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this 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 remain
unchanged. A supplemental
environmental assessment was
conducted for changes to the annual
reoccurring event. After completing the
supplemental environmental assessment
for the issuance of the marine event
permit, and the establishment of this
special local regulation, we 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
special local regulation issued in
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18237
conjunction with a regatta or marine
parade. This rule is categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of the
Commandant Instruction. The
supplemental environmental
assessment, 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 rule.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security Measures,
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
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
Regulation; 2013 Lauderdale Air Show,
Atlantic Ocean, Fort Lauderdale, FL.
(a) Regulated areas. The following
regulated areas are established as a
special local regulation. 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.
(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
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.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
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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:
(i) Entering, transiting through,
anchoring in, or remaining within the
exclusion area, unless participating in
the event.
(ii) 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.
(3) 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 periods. The
exclusion area will be enforced daily
from 10 a.m. until 5 p.m. from April 18,
2013, through April 21, 2013. The
limited access area will be enforced
daily from 4 p.m. until 5:30 p.m. on
April 20, 2013, and April 21, 2013.
Dated: March 7, 2013.
C. P. Scraba,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2013–06800 Filed 3–25–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Francisco Bay near Hunters Point in San
Francisco, CA in support of the San
Francisco Police Department’s maritime
interdiction training exercises. This
safety zone is established to ensure the
safety of the exercise participants and
mariners transiting the area.
Unauthorized persons or vessels are
prohibited from entering into, transiting
through, or remaining in the safety zone
without permission of the Captain of the
Port or their designated representative.
DATES: This rule is effective with actual
notice from March 14, 2013, until March
26, 2013. This rule is effective in the
Federal Register from March 26, 2013
until April 19, 2013. This rule will be
enforced from 8 a.m. until 5 p.m. on
March 14, 2013, from 8 a.m. until 1 p.m.
on March 15, 2013, and from 8 a.m.
until 5 p.m. on April 15, 2013, through
April 19, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0148. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Lieutenant Junior
Grade William Hawn, U.S. Coast Guard
Sector San Francisco; telephone (415)
399–7442 or email at D11-PFMarineEvents@uscg.mil. If you have
questions on viewing the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone (202)366–
9826.
SUPPLEMENTARY INFORMATION:
Coast Guard
Table of Acronyms
33 CFR Part 165
DHS Department of Homeland Security
FR Federal Register
SFPD San Francisco Police Department
NPRM Notice of Proposed Rulemaking
[Docket No. USCG–2013–0148]
RIN 1625–AA00
A. Regulatory History and Information
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Safety Zone; SFPD Training Safety
Zone; San Francisco Bay, San
Francisco, CA
Coast Guard, DHS.
Temporary Final Rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the navigable waters of the San
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The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
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cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’
Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for
not publishing a notice of proposed
rulemaking (NPRM) with respect to this
rule because publishing an NPRM
would be impracticable. The Coast
Guard received notification of the event
on March 7, 2013, and the event would
occur before the rulemaking process
would be completed. Law enforcement
officers will be conducting maritime
interdiction operations that require
freedom of movement in a defined area.
The safety zone is necessary to provide
for the safety of the law enforcement
officers participating in the training
exercises as well as provide for the
safety of vessels transiting near the
training area. Because the Coast Guard
received late notice and the safety
concerns noted, it is impracticable to
publish an NPRM for this safety zone.
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. For the reasons stated above,
delaying the effective date would be
impracticable and contrary to the public
interest.
B. Basis and Purpose
The legal basis for the proposed
temporary rule is the Ports and
Waterways Safety Act which authorizes
the Coast Guard to establish safety zones
(33 U.S.C sections 1221 et seq.).
San Francisco Police Department will
host the SFPD Training Safety Zone on
March 14 and March 15, 2013, and from
April 15 through April 19, 2013, in the
navigable waters of the San Francisco
Bay off of Hunters Point in San
Francisco, CA. This safety zone
establishes a temporary restricted area
on the water within a box connecting
the following points: 37°43′45″ N,
122°20′48″ W; 37°43′45″ N, 122°19′33″
W; 37°42′12″ N, 122°20′48″ W;
37°42′12″ N, 122°19′33″ W; thence back
to the point of origin (NAD 83). The
safety zone is issued to establish a
temporary restricted area on the waters
surrounding the training exercise.
This restricted area is necessary to
provide freedom of movement for law
enforcement officers conducting
maritime interdiction training and to
ensure the safety of mariners transiting
the area.
C. Discussion of the Final Rule
The Coast Guard will enforce a safety
zone in navigable waters around the
SFPD’s maritime interdiction training
exercises. The SFPD Training Safety
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]]>Agencies
[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Rules and Regulations]
[Pages 18235-18238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06800]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-1073]
RIN 1625-AA08
Special Local Regulations; 2013 Lauderdale Air Show, Atlantic
Ocean; Fort Lauderdale, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
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, until
Sunday, April 21, 2013. The regulation is necessary to ensure the
safety of the participants, spectators, and the general public during
the event. The special local regulation 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;
and 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: This rule is effective from 10 a.m. on April 18, 2013, until
5:30 p.m. on Sunday, April 21, 2013. The Atlantic Ocean exclusion area
will be enforced daily from 10 a.m. until 5 p.m. from April 18, 2013,
until April 21, 2013. The Port Everglades limited access area will be
enforced daily from 4 p.m. until 5:30 p.m. on April 20, 2013, and April
21, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-1073. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number 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.
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 Barbara Hairston, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
[[Page 18236]]
NPRM Notice of Proposed Rulemaking
A. Discussion of Comments and Changes
On January 10, 2013, the USCG published a Notice of Proposed
Rulemaking (NPRM) entitled, ``Proposed Rule: NPRM: Special Local
Regulations: 2013 Lauderdale Air Show, Atlantic Ocean; Fort Lauderdale,
FL,'' in the Federal Register (78 FR 2225). We received no comments on
the proposed rule (Docket No. USCG-2012-1073). No public meeting was
requested, and none was held.
B. Basis and Purpose
From Thursday, April 18, 2013, until 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.
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 2013 Lauderdale Air Show.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard did not receive any comments to the proposed rule
and no changes were made to the regulatory text.
The Coast Guard is establishing a special local regulation
comprised of two regulated areas for the 2013 Lauderdale Air Show. The
two regulated areas are listed below.
1. Atlantic Ocean, Fort Lauderdale, Florida (exclusion area).
Certain navigable waters of the Atlantic Ocean in the vicinity of Fort
Lauderdale, Florida. This area will be enforced daily from 10 a.m.
until 5 p.m. from April 18, 2013, through April 21, 2013. All 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 (limited access area).
Certain navigable waters of the Atlantic Ocean in the vicinity of Port
Everglades in Fort Lauderdale, Florida. This will be a limited access
area, and will be enforced daily from 4 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.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This 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 rule is not significant for the following reasons: (1) The special
local regulation 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
The Regulatory Flexibility Act of 1980 (RFA), 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 zero comments from the Small Business
Administration on this rule. 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. 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.
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 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.
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
[[Page 18237]]
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.
4. 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).
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 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
INTFORMATION 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This 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
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this 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 remain unchanged. A supplemental environmental assessment
was conducted for changes to the annual reoccurring event. After
completing the supplemental environmental assessment for the issuance
of the marine event permit, and the establishment of this special local
regulation, we 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 special local
regulation issued in conjunction with a regatta or marine parade. This
rule is categorically excluded from further review under paragraph
34(h) of Figure 2-1 of the Commandant Instruction. The supplemental
environmental assessment, 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 rule.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security Measures, 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.
0
2. Add a temporary Sec. 100.35T07-1073 to read as follows:
Sec. 100.35T07-1073 Special Local Regulation; 2013 Lauderdale Air
Show, Atlantic Ocean, Fort Lauderdale, FL.
(a) Regulated areas. The following regulated areas are established
as a special local regulation. 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.
(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.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast
[[Page 18238]]
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:
(i) Entering, transiting through, anchoring in, or remaining within
the exclusion area, unless participating in the event.
(ii) 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.
(3) 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 periods. The exclusion area will be enforced daily
from 10 a.m. until 5 p.m. from April 18, 2013, through April 21, 2013.
The limited access area will be enforced daily from 4 p.m. until 5:30
p.m. on April 20, 2013, and April 21, 2013.
Dated: March 7, 2013.
C. P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2013-06800 Filed 3-25-13; 8:45 am]
BILLING CODE 9110-04-P
