[Federal Register Volume 64, Number 237 (Friday, December 10, 1999)]
[Rules and Regulations]
[Pages 69192-69193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32092]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07-99-082]
RIN 2115-AE46
Special Local Regulations; BellSouth Winterfest Boat Parade,
Broward County, Fort Lauderdale, Florida
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Temporary Special local regulations are being adopted for the
BellSouth Winterfest Boat Parade. The event will be held on December
11, 1999, 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. Eastern Standard Time (EST) on December 11, 1999.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD07-99-082] and are available for inspection or
copying at the Seventh Coast Guard District, Room 918, 909 S.E. First
Avenue, Miami, FL, between 7:30 a.m. and 4 p.m. Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: BM1 Storey, Coast Guard Group Miami,
Florida at (305) 535-4472.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 553(d)(3), the Coast Guard
finds that good cause exists for not publishing an NPRM and 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
interests since immediate action is needed to minimize potential danger
to the public as there will be thousands of spectator craft in the area
and the event date is scheduled for December 11.
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 or 500 feet astern of the last
participating vessel in the parade, and 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.
Regulatory Evaluation
This proposal 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. The Office of Management and Budget has not reviewed it
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 10(e) of the regulatory policies and
procedures of DOT is unnecessary. The regulated area will only be in
effect for five hours on one day.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic effect upon 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.
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 five hours one
day and the parade is a well known local event.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-221), we offer to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. Small
entities may contact the person listed under FOR FURTHER INFORMATION
CONTACT for assistance in understanding and participating in this
rulemaking. We also have a point of contact for commenting on actions
by employees of the Coast Guard. Small businesses may send comments on
the actions of Federal employees who enforce, or otherwise determine
compliance with Federal regulations to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by
[[Page 69193]]
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule calls for no new collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have implications for federalism
under that order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not concern an environmental
risk to health or safety that may disproportionately affect children.
Environment
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. Additionally, an
Environmental Assessment (EA) and Finding of No Significant Impact
(FONSI) were prepared for this event in 1995 and event conditions have
not changed. A copy of the EA and FONSI are available in the docket for
inspection or copying.
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 Sec. 100.35T-07-082 is added to read as follows:
Sec. 100.35T-07-082 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
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 or 500 feet astern of the last participating vessel in the
parade, and 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. This section becomes effective at 5 p.m. and terminates
at 10 p.m. EST on December 11, 1999.
Dated: December 2, 1999.
Thad W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 99-32092 Filed 12-7-99; 3:46 pm]
BILLING CODE 4910-15-U