[Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
[Proposed Rules]
[Pages 53342-53344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26149]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-96-053]
RIN 2115-AE46


Special Local Regulations; Holiday Boat Parade of the Palm 
Beaches; Palm Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
Regulations for the Holiday Boat Parade of the Palm Beaches. This event 
would be held annually during the second Saturday of December, from 
6:30 p.m. until 9 p.m. EST (Eastern Standard Time). Historically, there 
have been approximately 60 parade event participant vessels and 200 
spectator craft during the boat parade. The resulting congestion of 
navigable channels creates an extra or unusual hazard in the navigable 
waters. These proposed regulations are necessary to

[[Page 53343]]

provide for the safety of life on navigable waters during the event.

DATES: Comments must be received on or before November 12, 1996.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Miami, 100 
MacArthur Causeway, Miami Beach, Florida 33139-5101, or may be 
delivered to the same address between 9 a.m. and 4 p.m. (EST), Monday 
through Friday, except federal holidays. The telephone number is (305) 
535-4448. Comments will become a part of the public docket and will be 
available for copying and inspection at the same address.

FOR FURTHER INFORMATION CONTACT:
QM2 S.E. Fowler, Project Officer, U.S. Coast Guard Group Miami at (305) 
535-4448.

SUPPLEMENTARY INFORMATION: 

Requests for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, data, or arguments. 
Persons submitting comments should include their names, addresses, 
identify the notice (CGD07-96-053) and the specific section of this 
proposal to which their comments apply, and give reasons for each 
comment. The Coast Guard will consider all comments received during the 
comment received. The regulations may be changed in view of the 
comments received. All comments received before the expiration of the 
comment period will be considered before final action is taken on this 
proposal.
    No public hearing is planned, but one may be held if the written 
requests for hearing are received, and it is determined that the 
opportunity to make oral presentations will add to the rulemaking 
process.

Discussion of Proposed Regulations

    The proposed regulations are needed to provide for the safety of 
life on the navigable waterways during the Holiday Boat Parade of the 
Palm Beaches. These regulations are intended to promote safe navigation 
on the waters off the Palm Beaches during the parade by controlling the 
traffic entering, exiting, and traveling within these waters. The 
Holiday Boat Parade of the Palm Beaches is an annual night time boat 
parade consisting of approximately sixty (60) power and sail boats 
ranging in length from 18 to 85 feet decorated with lights. 
Historically, there have been approximately 60 parade event participate 
vessels and 200 spectator craft during the boat parade. The anticipated 
concentration of these spectator and parade participant vessels 
associated with the boat parade poses a safety concern which is 
addressed in these proposed special local regulations.
    The boat parade would take place annually during the second 
Saturday of December, from 6:30 p.m. until 9 p.m. EST (Eastern Standard 
Time). The parade would form in the staging area in the Port of Palm 
Beach turning basin and then proceed south down the Intracoastal 
Waterway (ICW) to Lake Worth South Daybeacon 23 (LLNR 42300) where the 
parade would disband. The proposed regulated navigation area would 
include the Port of Palm Beach Turning Basin and the Intracoastal 
Waterway extending south from Lake Work South Lt 1 (LLNR 42170) 
position 26 deg.-39.4' N and 080 deg.-01.2' W, to Lake Worth South 
Daybeacon 23 (LLNR 42300) 26 deg.-45.9' N and 080 deg.-02.9' W.
    While the parade is transiting, the proposed regulation would 
prohibit nonparticipating vessels from approaching within 1000 feet 
ahead of the lead vessel in the parade to 1000 feet astern of the last 
participating vessel in the parade or within 50 feet on either side of 
the parade unless authorized by a patrol commander. After the passage 
of the parade participants all vessels would be allowed to enter the 
regulated navigation area. A succession of not fewer than 5 short 
whistle or horn blasts from a patrol vessel would be the signal for any 
non-participating vessel to stop immediately. The display of an orange 
distress smoke signal from a patrol vessel would be the signal for any 
and all vessels to stop immediately.

Regulatory Evaluation

    These proposed regulations are not a significant regulatory action 
under section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this proposal to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary. Entry into the regulated area is 
prohibited for only 2\1/2\ hours on the day of the boat parade.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on the small entities for 
which a general notice of proposed rulemaking is required. ``Small 
entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, 
if adopted, would not have a significant economic impact on a 
substantial number of small entities, because the proposed regulated 
area encompasses a limited regulated area and would restrict vessel 
traffic for only 2\1/2\ hours on the day of the event. If however, you 
think that your business or organization qualifies as a small entity 
and that this proposed rule would have a significant economic impact on 
your business or organization, please submit a comment (see ADDRESSES) 
explaining why you think it qualifies and in what way and to what 
degree this proposed rule would economically affect it.

Federalism

    This proposal 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 Federal 
Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
proposal consistent with Section 2.B.2. of Commandant Instruction 
M16475.1B, (as revised by 59 FR 38654, July 29, 1994). In accordance 
with that instruction section 2.B.2.b., this proposed rule has been 
environmentally assessed (EA completed), and the Coast Guard has 
concluded that it would not significantly affect the quality of the 
human environment. Specifically, the Coast Guard has consulted with the 
U.S. Fish and Wildlife Service and the Florida Department of 
Environmental Protection regarding the environmental impact of this 
event, and it was determined that the event does not jeopardize the 
continued existence of protected, threatened, or endangered species. An 
environmental assessment and a finding of no significant impact have 
been prepared and are available in the docket for inspection and 
copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

[[Page 53344]]

Proposed Regulations

    In consideration of the foregoing, Part 100 of Title 33, Code of 
Federal Regulations, the Coast Guard amends as follows:

PART 100--[AMENDED]

    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 new section 100.723 is added to read as follows:


Sec. 100.723  Annual Holiday Boat Parade of the Palm Beaches; Palm 
Beach, FL

    (a) Regulated Area. A regulated navigation area is established to 
include the Port of Palm Beach Turning Basin and the Intracoastal 
Waterway extending south from Lake Worth South LT 1 (LLNR 42170), 
position 26 deg.-39.4' N and 080 deg.-01.2' W, to Lake Worth South 
Daybeacon 23 (LLNR 42300) position 26 deg.-45.9' N and 080 deg.-02.9' 
W.
    (b) Special Local Regulations.
    (1) While the parade is transiting, nonparticipating vessels will 
be prohibited from approaching within 1000 feet ahead of the lead 
vessel in the parade to 1000 feet astern of the last participating 
vessel in the parade or within 50 feet on either side of the parade 
unless authorized by the patrol commander. After the passage of the 
parade participants all vessels may enter the regulated navigation 
area.
    (2) 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 stop immediately. The display of an orange distress smoke signal 
from a patrol vessel will be the signal for any and all vessels to stop 
immediately.
    (c) Effective Date. These regulations become effective annually on 
the second Saturday of December, from 6:30 p.m. until 9 p.m. EST.

    Dated: September 4, 1996.
J.D. Hull,
Acting Commander, Seventh Coast Guard District.
[FR Doc. 96-26149 Filed 10-10-96; 8:45 am]
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