[Federal Register Volume 65, Number 53 (Friday, March 17, 2000)]
[Proposed Rules]
[Pages 14502-14505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6685]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP MIAMI 00-015]
RIN 2115-AA97


Safety Zone: OpSail Miami 2000, Port of Miami

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking

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SUMMARY: The Coast Guard proposes to establish temporary regulations in 
the Port of Miami for OpSail Miami 2000 activities. This action is 
necessary to provide for the safety of life and property on navigable 
waters during OpSail Miami 2000. This action will

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restrict vessel traffic in portions of the Port of Miami.

DATES: Comments and related material must reach the Coast Guard on or 
before May 1, 2000.

ADDRESSES: You may mail comments and related material to the Port 
Management and Response Department, Coast Guard Marine Safety Office, 
P.O. Box 01-6940, Miami, Florida 33101-6940, or deliver them during 
regular office hours, Monday through Friday, to Room 201, Coast Guard 
Marine Safety Office Miami, 100 MacArthur Causeway, Miami Beach, 
Florida 33197. Coast Guard Marine Safety Office Miami maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at room 201, Coast Guard Marine 
Safety Office Miami, between 8 a.m., E.S.T. and 3 p.m., E.S.T. Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Joseph Boudrow, Port 
Management and Response Department, Coast Guard Marine Safety Office 
Miami, (305) 535-8705.

SUPPLEMENTARY INFORMATION:  

Regulatory Information

    On December 17, 1999, the Coast Guard published an advanced notice 
of proposed rulemaking; request for comments (ANPRM) entitled OPSAIL 
2000, Port of Miami in the Federal Register (64 FR 70650). The Coast 
Guard received no letters commenting on the anticipated rulemaking. No 
public hearing was requested and none was held.

Request for Comments

    We encourage interested persons to participate in this rulemaking 
by submitting comments and related material. Your comments should 
include your name and address, identify the docket number for this 
rulemaking (COTP Miami 00-015) and the specific section of this 
proposal to which each comment applies and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8-\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you want to know if your comment is 
received, enclose a stamped, self-addressed postcard or envelope. We 
will consider all comments received during the comment period and may 
change this proposal in view of the comments. The comment period for 
this regulation is 45 days. This time period is adequate to allow local 
input because we previously published an ANPRM, no comments were 
received, the event is highly publicized, and the shortened comment 
period will allow the full 30-day publication requirement prior to the 
final rule becoming effective. Copies of this proposal will also be 
placed in the local notice to mariners.

Public Meeting

    The Coast Guard plans no public meeting. You may request a public 
meeting by writing to the Port Management and Response Department of 
Coast Guard Marine Safety Office Miami at the address under ADDRESSES. 
The request should include the reasons why a hearing would be 
beneficial. If we determine that the opportunity for oral presentations 
will aid this rulemaking, it will hold a public hearing at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    The proposed temporary regulations are for OpSail Miami 2000 events 
scheduled to be held in portions of the Port of Miami over the period 
of June 6-10, 2000. This rule is proposed to provide for the safety of 
life and property on navigable waters during OpSail Miami 2000 events.

Discussion of Proposed Rule

    OpSail Miami 2000, Inc., is sponsoring OpSail Miami 2000 activities 
which consist of the arrival, display, and departure parade of numerous 
large U. S. and foreign flagged sail vessels. One or more fireworks 
displays may be conducted during the period of sail vessel visit. 
Currently, approximately 20 Class A (175 feet or larger in length) and 
20 smaller Class B (100 feet up to 175 feet) and C (up to 100 feet) 
sail vessels have confirmed that they will participate in OpSail Miami 
2000. Event sponsors anticipate as many as 100 sail vessels may 
ultimately be involved.
    Participant sail vessels will begin arriving in the Port of Miami 
on June 6, 2000 and will moor alongside Dodge Island within the Port of 
Miami. These vessels will be open to the public during certain hours 
between June 7 and June 9, 2000. On June 10, 2000, these vessels will 
make their departure from the Port of Miami in a parade commencing 
approximately 12 noon EST and ending approximately 2 p.m. EST. 
Participant sail vessels will proceed from their moorings to the 
turning basin at the west end of the Main Channel. From the turning 
basin, they will proceed in 300 to 500 yard intervals in an ocean bound 
direction along the Main Channel, thence along Government Cut, thence 
along Bar Cut, thence along Outer Bar Cut, to the vicinity of Miami 
Lighted Bouy M (Light List Number (LLNR) 10455-895), located at 25 
degrees, 46.0 minutes North latitude, 080 degrees, 05.0 minutes West 
longitude. The area of Miami Lighted Buoy M is the termination area for 
the parade.
    Vessels subject to local pilotage rules shall have a Biscayne Bay 
pilot embarked for the outbound parade from moorings. Pilots are 
expected to disembark from their assigned sail vessels in the area of 
Miami Lighted Buoy M. Once out of the parade, the majority of sail 
vessels are expected to turn north and skirt the south Florida Atlantic 
Coast en route to their next port of call.
    Waterborne spectator areas have been designated by the event 
sponsor to be on either side of Bar Cut and Outer Cut in the open 
ocean. These areas will be delineated by lines of marker floats placed 
by the sponsor. The marker floats will be round balls, orange in color, 
and spaced approximately 200 yards apart. They will be placed 100 yards 
out from the aids to navigation that mark each side of the channel. 
Spectator craft will be expected to remain behind the marker float 
lines for the duration of the parade.
    Because of the number of the sail vessels, fireworks displays, and 
the large number of spectator watercraft expected during the parade, 
the Coast Guard proposes temporary regulations for the creation of a 
temporary safety zone and vessel movement controls in portions of the 
Port of Miami and its channels affected by this event. The regulations 
will be in effect at various times in portion of the Port of Miami 
during the period of June 6, 2000 through June 10, 2000. The vessel 
congestion due to the large number of participant and spectator vessels 
poses a significant threat to the safety of life and property. The 
Coast Guard has determined this proposed rulemaking is necessary to 
ensure the safety of life and property on the navigable waters of the 
United States within portions of the Port of Miami affected by this 
event.

Regulated Area

    The Coast Guard proposes to establish a temporary safety zone for 
the Parade of Sail on June 10, 2000. The proposed safety zone shall 
include all waters in the Port of Miami within the turning basin at the 
west end of Main Channel bounded by the bridges connecting Dodge Island 
and Watson Island to the mainland, respectively, the Main Channel, 
Lummus Island Cut east of a

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line drawn northward from the west end of Fisher Island, Government 
Cut, Bar Cut, and Outer Bar Cut. This safety zone also includes all the 
waters 500 yards on either side of Bar Cut and Outer Bar Cut seaward of 
the jetties to Miami Lighted Buoy M (LLNR 10455-895). Entry into the 
safety zone by non-participating vessels will be prohibited. The Coast 
Guard expects many spectator craft for this millennium event. These 
craft will be allowed to view the Parade of Sail vessels from viewing 
areas on either side of Bar Cut and Outer Bar Cut. These areas will 
delineated by marker floats placed by the sponsor of the event.

Regulatory Evaluation

    This proposed rule 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).
    We expect the economic impact of this proposed rulemaking to be so 
minimal that a full Regulatory Evaluation under 10e of the regulatory 
policies and procedures of DOT is unnecessary. Although the proposed 
rule prohibits all non-parade related traffic in the area of the 
temporary safety zone on Saturday, June 10, 2000, the effect of this 
regulation will not be significant for the following reasons: the 
regulation will be in effect for less than 6 hours; the maritime 
community will receive extensive advance notices through Local Notices 
to Mariners, facsimile, and marine information broadcasts, maritime 
association meetings, and Miami area newspapers; and specific viewing 
areas will be marked for spectator vessels. Mariners and commercial 
vessels can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule has a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, 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.
    For the reasons discussed in the Regulatory Evaluation section 
above, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. This proposed rule would affect 
the following entities, some of which might be small entities: the 
owners or operators of vessels intending to transit those portions of 
the Port of Miami during the six hour periods of safety zone 
enforcement. These regulations would not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. Although these regulations would apply to a substantial 
portion of the Port of Miami, the periods of the regulatory enforcement 
will be of short duration. Before the effective periods, the Coast 
Guard will make notifications to the public via mailings, facsimiles, 
the Local Notice to Mariners, and use of the sponsor Internet site. In 
addition, OpSail Miami 2000, Inc., the sponsoring organization, is 
planning to publish information of the event in local newspapers, 
pamphlets, and television and radio broadcasts. If you think that your 
business, organization, or governmental jurisdiction qualifies as a 
small entity and that this rule would have a significant economic 
impact on it, please submit comments (see ADDRESSES) explaining why you 
think it qualifies and how and to what degree this rule would 
economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we will assist small entities 
in understanding this proposed rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Joe Boudrow, Coast 
Guard Marine Safety Office Miami at (305) 535-8705.

Collection of Information

    The Coast Guard anticipates that this rulemaking will not require 
any new collection of information under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501-3520).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, and it has been determined 
that the rulemaking does not have sufficient Federalism implications to 
warrant the preparation of a Federalism Assessment.

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 costs. This proposed rule would not impose no unfunded mandate.

Taking of Private Property

    This proposed rule would 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 proposed 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

    The Coast Guard has analyzed this proposed 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 risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this action and have 
initially determined under Figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1C, that this proposed rule will be categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination will be available in the docket where indicated 
under ADDRESSES. By controlling vessel traffic during the event, this 
proposed rule is intended to minimize environmental impacts of 
increased vessel traffic during the parade of sail.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 165, as follows:

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PART 165--[AMENDED]

    1. The Authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A temporary Sec. 165.T 07-015 is added to read as follows:


Sec. 165.T07-015  Safety Zone; Miami, Florida

    (a) Regulated area. A temporary safety zone is established for 
Opsail Miami 2000 events, including a parade of sail vessels to include 
all waters in the Port of Miami within the turning basin at the west 
end of Main Channel bounded by the bridges connecting Dodge and Watson 
Islands with the mainland, Main Channel, Lummus Island Cut east of a 
line extending northward from the west end of Fisher Island, Government 
Cut, Bar Cut, and Outer Bar Cut. This safety zone also includes all the 
waters 500 yards on either side of Bar Cut and Outer Bar Cut seaward of 
the jetties to Miami Lighted Buoy M (LLNR 10455-895).
    (b) Regulations. In accordance with the general regulations in 
165.23 of this part, entry into this zone is prohibited to all non-
parade related vessels without the prior permission of the U.S. Coast 
Guard Captain of the Port.
    (c) Enforcement Period. This section becomes effective at 8 a.m., 
EST and terminates at approximately 4 p.m., EST on June 10, 2000.

    Dated: March 3, 2000.
L.J. Bowling,
Captain, U. S. Coast Guard, Captain of the Port, Miami Zone.
[FR Doc. 00-6685 Filed 3-16-00; 8:45 am]
BILLING CODE 4910-15-U