[Federal Register Volume 59, Number 81 (Thursday, April 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10172]


[Federal Register: April 28, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-94-049]
RIN 2115-AE46


Special Local Regulations: Lake Worth, ICW, Mile 1022

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special local regulations are being adopted for the Lake Worth 
Sunfest '94. This event will be held on April 27 through May 1, 1994; 
from 6 p.m. to 10 p.m. EDT (Eastern Daylight Time) on April 27 and 28; 
from 11 a.m. to 10 p.m. EDT on April 29; and, from 9 a.m. to 10 p.m. 
EDT on April 30 and May 1. The regulations are needed to provide for 
the safety of life on navigable waters during the event.

EFFECTIVE DATES: These regulations become effective on April 27 through 
May 1, 1994; from 6 p.m. to 10 p.m. EDT (Eastern Daylight Time) on 
April 27 and 28; from 11 a.m. to 10 p.m. EDT on April 29; and, from 9 
a.m. to 10 p.m. EDT on April 30 and May 1.

FOR FURTHER INFORMATION CONTACT:
ENS B. DAILEY, Coast Guard Group Miami, (305) 535-4492.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking has not been published for these regulations and 
good cause exists for making them effective in less than 30 days from 
the date of publication. Following normal rulemaking procedures would 
have been impracticable. The updated information to hold the event was 
not received until April 1994, and there was not sufficient time 
remaining to publish proposed rules in advance of the event or to 
provide for a delayed effective date.

Drafting Information

    The drafters of this regulation are ENS B. DAILEY, Project Officer, 
Coast Guard Group Miami, and LT J. LOSEGO, Project Attorney, Seventh 
Coast Guard District Legal Office.

Discussion of Regulations

    There will be approximately 45 racers in race boats, ski boats, jet 
skis, and canoes, ranging in size from 12 to 17 feet, participating in 
the Palm Beach County Sunfest '94. High speed race boats traveling up 
to 120 m.p.h., and canoes, jet skis, and water skiers, require calm 
waters to perform and create an extra or unusual hazard in the 
navigable waters. As a result, there will be a no wake zone in the Lake 
Worth Intracoastal Waterway between the Royal Palm Bridge and the 
Flagler Memorial Bridge where the event will take place.

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rulemaking does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
proposal consistent with Section 2.B.2.08 of Commandant Instruction 
M16475.1B, and this proposal has been determined to be categorically 
excluded. Specifically, the Coast Guard has consulted with the U.S. 
Fish and Wildlife Service and the National Marine Fisheries Service 
regarding the environmental impact of this event, and it was determined 
that the event does not jeopardize the continued existence of protected 
species. As a condition to the permit, the applicant is required to 
educate the operators of spectator craft and parade participants 
regarding the possible presence of manatees and the appropriate 
precautions to take if the animals are sighted.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water).

Regulations

    In consideration of the foregoing, part 100 of title 33, Code of 
Federal Regulations, is amended as follows:
    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A temporary section 100.35T07-049 is added to read as follows:


Sec. 100.35T07-049   Palm Beach Sunfest '94.

    (a) Regulated Area: A regulated area is established in the Lake 
Worth Intracoastal Waterway (ICW), between the Flagler Memorial Bridge 
and the Royal Palm Bridge, with the northern boundary formed by 
latitude 26 deg.-42'-48'', and the southern boundary formed by latitude 
26 deg.-42'-19''. The eastern and western boundaries of the regulated 
area are formed by the shoreline of the ICW.
    (b) Special Local Regulations: (1) The regulated area is a no wake 
zone. All transiting vessels shall operate at a speed so as to not 
cause a wake or at five (5) knots, whichever is slower.
    (2) All vessels shall immediately follow any specific instructions 
given by event patrol craft and exercise extreme caution while 
operating in or near the regulated area. A succession of not fewer than 
5 short whistle or horn blasts from a patrol vessel will be the signal 
for any nonparticipating vessel to take immediate action to avoid 
collision and avoid interference with event participants. The display 
of an orange distress smoke signal from a patrol vessel will be the 
signal for any and all vessels to stop immediately.
    (3) After the termination of the Sunfest '94 event on each 
respective day, all vessels may resume normal operations.
    (c) Effective dates: This section becomes effective on April 27 
through May 1, 1994; from 6 p.m. to 10 p.m. EDT (Eastern Daylight Time) 
on April 27 and 28; from 11 a.m. to 10 p.m. EDT on April 29; and, from 
9 a.m. to 10 p.m. EDT on April 30 and May 1. These times are effective, 
unless the regulated area is sooner terminated by the Patrol Commander.

    Dated: April 13, 1994.
P.J. Cardaci,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 94-10172 Filed 4-26-94; 8:45 am]
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