[Federal Register Volume 65, Number 239 (Tuesday, December 12, 2000)]
[Rules and Regulations]
[Pages 77513-77515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31644]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 07-00-116]
RIN 2115-AE46


Special Local Regulations: BellSouth Winterfest Boat Parade, 
Broward County, Fort Lauderdale, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Temporary Special Local Regulations are being established for 
the annual BellSouth Winterfest Boat Parade. The event will be held on 
December 16, 2000, on the waters of the Port Everglades turning basin 
and the Intracoastal Waterway from Dania Sound Light 35 (LLNR 47575) to 
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: This rule is effective from 5 p.m. to 11 p.m. EST on December 
16, 2000.

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 CGD 07-00-116 and are available for inspection and 
copying at Coast Guard Group Miami, 100 MacArthur Causeway, Miami, FL 
33139, between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer 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) the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing a NPRM would be 
contrary to national

[[Page 77514]]

safety interests since immediate action is needed to minimize potential 
danger to the public as there will be numerous spectator craft in the 
area. Moreover, the event is scheduled for December 16, 2000, and the 
permit request was only recently received.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.

Background and Purpose

    The BellSouth Winterfest Boat Parade is an annual 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 and 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)
    Anchoring is prohibited in the staging area. Anchoring is also 
forbidden 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 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). The Coast Guard expects the economic impact of this proposal to 
be minimal because the regulated area will only be in effect for 
approximately 6 hours.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would 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.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
the ICW between the Port Everglades turning basin and Lake Santa 
Barbara from 5 to 11 p.m. on December 16, 2000. 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 regulations will only be in effect for approximately 6 
hours and the event will be highly publicized.

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 can 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. Small businesses may also 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 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 of 1995 (44 U.S.C. 3501-3520).

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 for 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.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--[MARINE EVENTS]

    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. Add temporary Sec. 100.35T-07-116 to read as follows:


Sec. 100.35T-07-116;  BellSouth Winterfest Boat Parade, Broward County, 
Ft. Lauderdale, FL

    (a) Definitions.

[[Page 77515]]

    (1) Staging area: The staging area is the Port Everglades Turning 
Basin and that portion of the Intracoastal Waterway extending form 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 vessel 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 and 500 feet astern of the last participating vessel in the 
parade, and within 50 feet 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 that 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.
    (d) Effective date. This section is effective from 5 p.m. to 11 
p.m. EST on December 16, 2000.

    Dated: December 1, 2000.
T.W. Allen,
U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 00-31644 Filed 12-11-00; 8:45 am]
BILLING CODE 4910-15-P