[Federal Register Volume 63, Number 234 (Monday, December 7, 1998)]
[Rules and Regulations]
[Pages 67401-67402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32404]



[[Page 67401]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07 98-075]
RIN 2115-AE46


Special Local Regulations; BellSouth Winterfest Boat Parade, 
Broward County, Fort Lauderdale, Fl

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: Temporary Special local regulations are being adopted for the 
BellSouth Winterfest Boat Parade. The event will be held on December 
12, 1998, on the waters of the Port Everglades turning basin and the 
Intracoastal Waterway from Dania Sound Light 35 (LLNR 47575) to the 
Pompano Beach Day Beacon 74 (LLNR 47230). The regulations are needed to 
provide for the safety of life on navigable waters during the event.

DATES: These regulations become effective at 5 p.m. and terminate at 10 
p.m. EST on December 12, 1998.

FOR FURTHER INFORMATION CONTACT:
QMCS T.E. KJERULFF, Coast Guard Group, Miami, Florida at (305) 535-
4448.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    The BellSouth Winterfest Boat Parade is a nighttime parade of 
approximately 110 pleasure boats ranging in length from 20 feet to 200 
feet decorated with holiday lights. Approximately 1000 spectator craft 
are anticipated. The parade will form in the staging area at the Port 
Everglades turning basin then proceed north on the Intracoastal 
Waterway (ICW) to Lake Santa Barbara where the parade will disband. The 
regulated area includes the staging area and the parade route. The 
staging area encompasses the Port Everglades turning basin, north to 
Dania Sound Light 35 LLNR 42865. The parade route encompasses the 
Intracoastal Waterway from Dania Sound Light 35 (LLNR 47575) to Pompano 
Beach day beacon 74 (LLNR 47230). No anchoring is permitted in the 
staging area. Further, no anchoring is permitted in the vicinity of the 
viewing area which extends from the Sunrise Blvd Bridge south to the 
New River Sound Light 3 (LLNR 47240) west of the ICW. During the parade 
transit, these regulations prohibit nonparticipating vessels from 
approaching within 500 feet ahead of the lead vessel in the parade to 
500 feet astern of the last participating vessel in the parade to 
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 at the discretion 
of the Patrol Commander.
    In accordance with 5 U.S.C. Sec. 553, good cause exist for making 
these regulations effective less than 30 days after the Federal 
Register publication. Publishing a Notice of Proposed Rulemaking and 
delaying the effective date would be contrary to national safety 
interest since immediate action is needed to minimize potential danger 
to the public as the permit was only recently received from the event 
organizer.

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 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 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 economic impact on a substantial number of small entities. 
Small entities include small business, 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.
    Therefore, 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, as the regulations will only be in effect for 
approximately five hours in a limited area of the ICW.

Collection of Information

    These regulations contain no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

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 and has determined pursuant to Figure 2-1, paragraph 34(h) of 
Commandant Instruction M16475.1C, that this action is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 100

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

Temporary Regulations

    In consideration of the foregoing, 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 section 100.35T-07-075 is added to read as follows:


Sec. 100.35T-07-075  Bellsouth Winterfest Boat Parade, Broward County, 
Ft. Lauderdale, FL

    (a) Definitions:
    (1) Staging Area: The staging area is the Port Everglades Turning 
Basin and that portion of the Intracoastal Waterway extending from Port 
Everglades Turning Basin to Dania Sound light 35 (LLNR 42865).
    (2) Parade Route: The parade route includes the Intracoastal 
Waterway from Dania Sound light 35 (LLNR 47575) to Pompano Beach 
daybeacon 74 (LLNR 47230).
    (3) Viewing area: The viewing area extends from the Sunrise Blvd 
Bridge south to the New River Sound Light 3 (LLNR 47240) west of the 
ICW.
    (4) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Miami, Florida. The 
Coast Guard assumes no responsibility for the operation of the event, 
the safety of participants and spectators, the safety of transient 
craft, and the qualification and instruction of participants. These

[[Page 67402]]

responsibilities rest solely with the sponsor of the event.
    (b) Special Local Regulations:
    (1) Staging area: Entry or anchoring in the staging area by 
nonparticipating vessels is prohibited, unless authorized by the Patrol 
Commander.
    (2) Parade route: During the parade transit, nonparticipating 
vessels are prohibited from approaching within 500 feet ahead of the 
lead vessel in the parade to 500 feet astern of the last participating 
vessel in the parade to within 50 feet on either side of the parade 
unless authorized by the Patrol Commander.
    (3) Viewing Area: Anchoring in the vicinity of the viewing area is 
prohibited.
    (4) Miscellaneous: 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. At the discretion of the Patrol 
Commander, all vessels may resume normal operations after the passage 
of the parade participants.
    (c) Dates: These regulations become effective at 5 p.m. and 
terminate at 10 p.m. EST on December 12, 1998.

    Dated: November 20, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 98-32404 Filed 12-4-98; 8:45 am]
BILLING CODE 4910-15-M