[Federal Register Volume 61, Number 238 (Tuesday, December 10, 1996)]
[Rules and Regulations]
[Pages 64994-64995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31092]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD07-053]
RIN 2115-AE46


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing special local regulations for 
the Holiday Boat Parade of the Palm Beaches. This event will 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 on the navigable waters. 
These regulations are necessary to provide for the safety of life on 
navigable waters during the event.

EFFECTIVE DATE: December 10, 1996.

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

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, the final 
rule will be made effective in less than 30 days from the date of 
publication in the Federal Register. Following normal rulemaking 
procedures would be impracticable, unnecessary, and contrary to the 
public interest. A notice of proposed rulemaking for this rule was 
published in the Federal Register (61 FR 53342) with a thirty day 
comment period. The final rule will be made effective in less than 
thirty days from the date of publication in order to hold the event. 
During this comment period, no comments were received on this 
rulemaking.

Regulatory History

    On October 11, 1996, the Coast Guard published a notice of proposed 
rulemaking entitled Holiday Boat Parade of the Palm Beaches; Palm 
Beach, FL [CGD07-96-053] in the Federal Register (61 FR 53342). The 
comment period ended on November 12, 1996. The Coast Guard received no 
comments during the notice of proposed rulemaking comment period. A 
public hearing was not requested and no hearing was held.

Background and Purpose

    These 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 feet to 85 feet decorated with holiday 
lights. Historically, there have been approximately 60 parade event 
participant 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 special local regulations.
    The boat parade will take place annually during the second Saturday 
of December, from 6:30 p.m. until 9 p.m. EST (Eastern Standard Time). 
The parade will 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 
will disband. The regulated area will include the Port of Palm Beach 
Turning Basin and the Intracoastal Waterway extending south from Lake 
Worth South LT 1 (LLNR 42170) to Lake Worth South Daybeacon 23 (LLNR 
42300).
    While the parade is transiting, these regulations will 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 the patrol commander. After the passage of the 
parade participants, all vessels will be allowed to resume normal 
operations. 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.

Regulatory Evaluation

    These 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 rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary, because entry into the regulated area 
is prohibited for only 2\1/2\ hours during 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 of 
a 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 rule 
will not have a significant economic impact on a substantial number of 
small entities, because the regulated area encompasses a limited area 
and will restrict vessel traffic for only 2\1/2\ hours on the day of 
the event.

[[Page 64995]]

Collection of Information

    This rule contains no collection-of-information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This rule has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rulemaking does not have sufficient federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action 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 specifically sections 2.B.4.g. and 2.B.5., this 
rule has been environmentally assessed (EA completed), and the Coast 
Guard has concluded that it will not significantly affect the quality 
of the human environment. 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. The Coast Guard will 
consult U.S. Fish and Wildlife Service and the Florida Department of 
Environmental Protection on a yearly basis regarding the possible 
effects of this event on the environment. An environmental assessment 
and a finding of no significant impact have been prepared and are 
available in the docket for inspection and copying.

List of Subjects in 33 CFR Part 100

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

Final Regulations

    For reasons set out in the preamble, the Coast Guard amends Part 
100 of Title 33, Code of Federal Regulations, as follows:
    1. The authority citation for Part 100 continues to read as 
follows:

PART 100--[AMENDED]

    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 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) to Lake Worth 
South Daybeacon 23 (LLNR 42300).
    (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 resume normal operations.
    (2) A succession of not fewer than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any non-participating 
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 are effective annually on the 
second Saturday of December, from 6:30 p.m. until 9 p.m. est.

    Dated: November 15, 1996.
J.D. Hull,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 96-31092 Filed 12-9-96; 8:45 am]
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