[Federal Register Volume 61, Number 240 (Thursday, December 12, 1996)]
[Rules and Regulations]
[Pages 65332-65334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31576]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-96-067]
RIN 2115-AE46


Special Local Regulations; Continental Airlines Boat Parade; Fort 
Lauderdale, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special Local Regulations are being adopted for the 
Continental Airlines Boat Parade. The event will be held on December 
14, 1996, from 5:20 p.m. EST (Eastern Standard Time) until 9:30 p.m. 
EST. These regulations are needed for the safety of life on navigable 
waters during the event.

EFFECTIVE DATE: These regulations will become effective at 5 p.m. EST 
and terminate at 10 p.m. EST, on December 14, 1996.

FOR FURTHER INFORMATION CONTACT:
LTJG J. Delgado, Project officer, Coast Guard Group Miami, Florida at 
(305) 535-4461.


[[Page 65333]]


SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking has not been published for these regulations. 
Following normal rulemaking procedures would have been impracticable as 
there was insufficient time to publish a proposed rule in advance of 
the event or to provide for a delayed effective date. The information 
regarding this event was received less than three weeks before the date 
of the event leaving insufficient time to follow normal rulemaking 
procedures.

Discussion of Regulations

    Special Local Regulations are being established for the Continental 
Airlines Boat Parade. The Continental Airlines Boat Parade is a 
nighttime parade with approximately 110 pleasure and fishing boats 
ranging in length from 20 feet to 200 feet decorated with holiday 
lights. There will be approximately 1000 spectator craft. This 
concentration of spectator and event participating vessels associated 
with the Continental Airlines Boat Parade poses a safety concern which 
is addressed in these regulations. Therefore, these regulations are 
necessary for the safety of life on navigable waters during the boat 
parade. The event will be held on December 14, 1996, from 5:20 p.m. EST 
until 9:30 p.m. EST.
    The parade will form in the staging area at the Port Everglades 
turning basin then proceed north up the Intracoastal Waterway (ICW) to 
Lake Santa Barbara where the parade will disband. These regulations 
establish a moving regulated area of 1000 feet ahead and 1000 feet 
astern of the string of parade vessels. The regulated area also 
includes an area 50 feet east and west along the north-south axis of 
the regulated area as the participating vessels navigate north in the 
Intercoastal Waterway (ICW). The regulated area also includes the 
assembly area which is that portion of the Intracoastal Waterway 
extending from the 17th Street Causeway to the Dania Cut-Off Canal. The 
regulations also establish no anchorage areas in the vicinity of the 
viewing area which extends from the New River Sound Day Beacon 7 
(LLNR42620) to New River Sound Day Beacon 11 (LLNR42630) to the east of 
the ICW.

Regulatory Evaluation

    This regulation is 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 the 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 5 hours on the day of the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rulemaking will have a 
significant impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under Section 3 of the Small Business Act 
(15 U.S.C. 632).
    The Coast Guard certifies under 5 U.S.C. 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not 
have a significant economic impact on a substantial number of small 
entities, because the regulated area will be in effect for only 5 hours 
on the day of the event.

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 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 
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 section 2.B.4.g., this action has been 
environmentally assessed (EA completed), and the Coast Guard has 
concluded that it will not significantly affect the quality of the 
human environment. An environmental assessment and finding of no 
significant impact have been prepared and are available for inspection 
and copying from LTJG J. Delgado, Coast Guard Group Miami, Florida, 
(305) 535-4461. 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), Reporting and recordkeeping 
requirements, Waterways.

Temporary Regulations

    For reasons set out in the preamble, the Coast Guard amends part 
100 of Title 33, Code of Federal Regulations, 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 temporary Sec. 100.35T-07-067 is added to read as follows:


Sec. 100.35T-07-067  Continental Airlines Boat Parade; City of Fort 
Lauderdale, FL.

    (a) Regulated area. A moving regulated area is established 
surrounding the parade participants as they transit the parade route. 
Nonparticipating vessels will be prohibited from entering an area 
encompassing 50 feet on either side of the north-south axis of the 
parade. The axis extends from 1000 feet ahead of the lead vessel in the 
parade to 1000 feet astern of the last participating vessel in the 
parade as the parade transits north in the Intracoastal Waterway (ICW) 
from Port Everglades turning basin, the staging area of the parade, to 
Lake Santa Barbara, where the parade will disband. A regulated area is 
established in the viewing area which is located to the east of the 
Intracoastal Waterway from New River Sound Day Beacon 7 (LLNR 42620) to 
the New River Sound Day Beacon 11 (LLNR 42630). A regulated area is 
established in the assembly area which is that portion of the 
Intracoastal Waterway extending from the 17th Street Causeway to the 
Dania Cut-Off Canal.
    (b) Special local regulations. (1) Entry into the moving regulated 
area is prohibited unless authorized by the Patrol Commander. Anchoring 
in the viewing area is prohibited unless authorized by the Patrol 
Commander. Entry or anchoring in the staging area is prohibited, 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.

[[Page 65334]]

    (c) Effective date. These regulations become effective on December 
14, 1996, from 5 p.m. EST and terminate at 10 p.m. that day.

    Dated: November 15, 1996.
J.D. Hull,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 96-31576 Filed 12-11-96; 8:45 am]
BILLING CODE 4910-14-M