[Federal Register Volume 66, Number 237 (Monday, December 10, 2001)]
[Rules and Regulations]
[Pages 63624-63626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30477]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-01-120]
RIN 2115-AE46


Special Local Regulations: Cingular Wireless 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 Cingular Wireless Winterfest Boat Parade. The event will be held on 
December 15, 2001, on the waters of the Port Everglades turning basin 
and the Intracoastal Waterway (ICW) from Dania Sound Light 35 to 
Pompano Beach Day Beacon 74. This rule creates 3 regulated areas around 
a staging area, parade route and viewing area. These regulations are 
needed to provide for the safety of life on navigable waters during the 
event.

DATES: These regulations are effective from 5 p.m. on December 15, 2001 
until 11 p.m. on December 15, 2001.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD07-01-120 and are available for 
inspection or copying at Coast Guard Group Miami, 100 MacArthur 
Causeway, Miami Beach, Florida, 33139 between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: BMC Sorensen, Coast Guard Group Miami, 
Florida at (305) 535-4317.

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 a NPRM. Publishing a NPRM and delaying 
the effective date of this rule would be contrary to public safety 
interests since immediate action is needed to minimize potential danger 
to the public because there will be numerous spectator craft in the 
area. Publishing a NPRM is also unnecessary because the temporary rule 
will only be in effect for 6 hours and this is an annual event that has 
been well publicized to the local community.
    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 Cingular Wireless 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 1500 spectator 
craft are anticipated to view the parade. The parade will form in the 
staging area at the Port Everglades turning basin and south in the ICW 
and the parade route will proceed north on the ICW to Lake Santa 
Barbara where the parade will disband. This regulation creates 
regulated areas for the staging area, viewing area, and parade route. 
The staging area encompasses the entire Port Everglades turning basin, 
south to Dania Sound Light 35 (LLNR 47575). The parade route 
encompasses the Intracoastal Waterway from Dania Sound Light 35 (LLNR 
47575) to Pompano Beach day beacon 74 (LLNR 47230). The viewing area 
covers the west side of the ICW from the Sunrise Boulevard Bridge 
(26 deg. 08.281'N, 080 deg. 06.482'W) south to the New River Sound 
Light 3 (LLNR 47240).
    Non-participant vessels are not allowed to enter or anchor in the 
staging area. Further, no vessel is allowed to anchor in the vicinity 
of the shore side viewing area that covers the west side of the ICW 
between the Sunrise Boulevard Bridge (26 deg. 08.281'N, 080 deg. 
06.482'W and the New River Sound Light 3 (LLNR 47240). During the 
parade transit, these regulations prohibit non-participant vessels from 
approaching within 175 yards ahead of the lead vessel or 175 yards 
astern of the last participant vessel in the parade, and within 15 
yards on either side of the outboard parade vessels, unless authorized 
by the Coast Guard Patrol Commander. The event sponsor will have 
approximately 20 watercraft to guide mariners around the regulated 
areas.
    The staging area of this special local regulation will overlap the 
two existing temporary fixed security zones in Port Everglades [COTP 
MIAMI-01-116 and COTP MIAMI-01-122]. These temporary fixed security 
zones are activated when a high capacity passenger vessel or a vessel 
carrying cargoes of particular hazard as defined in Title 33, Code of 
Federal Regulations part 126, enter or moor within the respective zone. 
These temporary fixed security zones prohibit vessels from entering the 
security zones without the permission of the Captain of the Port of 
Miami.
    The first temporary fixed security zone [COTP MIAMI-01-116] 
encompasses all waters west of an imaginary line starting with the 
northern most point 26 deg. 05.98'N, 080 deg. 07.15'W, near the west 
side of the 17th Street Bridge, to the southern most point at 26 deg. 
05.41'N, 080 deg. 06.97'W on the tip of the pier near Burt and Jacks 
Restaurant. The Coast Guard anticipates a cruise ship being moored 
within this zone; thus this security zone will be activated and no 
vessels will be permitted to enter the zone without the permission of 
the Miami Captain of the Port or his designated representative.
    The second temporary fixed security zone [COTP MIAMI-01-122] 
encompasses the waters of the ICW between a line connecting a point at 
26 deg. 05.41'N, 080 deg. 06.97'W on the northern tip of Port 
Everglades berth 22 near Burt and Jacks Restaurant and a point directly 
east across the Intracoastal Waterway (ICW) at 26 deg. 05.41'N, 
080 deg. 06.74'W; and a line drawn from the corner of Port Everglades 
berth 29 at point 26 deg. 04.72'N, 080 deg. 06.92'W, easterly across 
the ICW to John U. Lloyd Beach, State Recreational Area at point 
26 deg. 04.72'N, 080 deg. 06.81'W. The Coast Guard anticipates that a 
cruise ship will be moored in this second temporary fixed security 
zone, so no person or vessel may enter the security zone without the 
permission of the Captain of the Port or his designated representative. 
This second zone overlaps the parade staging area but the Coast Guard 
anticipates allowing persons to transit the east side of the ICW 
enroute to the parade staging area (with the cruise ship moored on the 
west side near terminal 24), while this second temporary security zone 
is activated. The Coast Guard anticipates further that the cruise ship 
moored at berth 24 will depart the Port sometime during the parade 
formation and as a result this security zone will be deactivated after 
the cruise ship departs.
    The regulated area created by this special local regulation will 
continue to

[[Page 63625]]

be enforced if either security zone above is deactivated. The security 
zones and special local regulation allow the Coast Guard and local law 
enforcement maximum flexibility to ensure the safety of the entire Port 
and those within the Port area. The Coast Guard anticipates no ship 
arrivals during the timeframe of this special local regulation. 
However, a ship may unexpectedly require transit into port, 
necessitating on-scene changes. All on-scene changes will be announced 
on VHF-FM Channels 13 and 16.

Discussion of Rule

    The Coast Guard is establishing 3 regulated areas under this 
regulation, a staging area, a viewing area, and a parade route. The 
staging area encompasses all the waters within the Port Everglades 
turning basin and that portion of the Intracoastal Waterway (ICW) 
extending from Port Everglades turning basin to Dania Sound Light 35 
(LLNR 47575). The viewing area covers the west side of the Intracoastal 
Waterway from the Sunrise Boulevard Bridge (26 deg. 08.281'N, 080 deg. 
06.482'W) south to the New River Sound Light 3 (LLNR 47240). The parade 
route includes the Intracoastal Waterway from Dania Sound Light 35 
(LLNR 47575) to Pompano Beach Daybeacon 74 (LLNR 47230).
    All non-participant persons and vessels are prohibited from 
entering or anchoring in the staging area and all vessels are 
prohibited from anchoring in the viewing area, unless authorized by the 
Patrol Commander. During the parade transit along the parade route, 
non-participant vessels are prohibited from approaching within 175 
yards ahead of the lead vessel or 175 yards astern of the last 
participant vessel in the parade, and within 15 yards on either side of 
the outboard parade vessels. The Coast Guard Patrol Commander may allow 
vessels to enter the staging area when the last participant vessel has 
cleared the staging area. The Coast Guard Patrol Commander will notify 
the public via Marine Safety Radio Broadcast on VHF Marine Band Radio, 
Channel 16 (157.1 MHz) if vessels are authorized to enter the staging 
area.

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) because the rule will only be in effect 
for 6 hours and vessels will still be allowed to transit the regulated 
areas with the permission of the Coast Guard Patrol Commander.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard 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 may affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in the Port Everglades turning basin and portions of the 
Intracoastal Waterway. 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 rule will only be in 
effect for 6 hours and vessels will still be allowed to transit the 
regulated areas with the permission of the Coast Guard Patrol 
Commander.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they may 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 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. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandate Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or safety that may disproportionately 
affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

[[Page 63626]]

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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 M16475.1D, 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--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 to 1236; 49 CFR 1.46; 33 CFR 100.35.

    2. A new temporary Sec. 100.35T-07-120 is added to read as follows:


Sec. 100.35T-07-120  Cingular Wireless Winterfest Boat Parade, Broward 
County, Fort Lauderdale, FL.

(a) Definitions.

    (1) Staging area. The staging area includes all waters within the 
Port Everglades turning basin, west of a line drawn from the 17th 
Street Causeway Bridge (26 deg. 06.044'N, 080 deg. 07.089'W) south 
along the northeast shore of the turning basin, east through Bar Cut to 
Light 6 (LLNR 10340), south across Bar Cut to Light 7 (LLNR 10345), 
then southwest along the southeast shore of the turning basin to 
Daybeacon 1 (LLNR 10375) at Coast Guard Station Fort Lauderdale. The 
staging area also includes that portion of the Intracoastal Waterway 
from Port Everglades Turning Basin south to Dania Sound Light 35 (LLNR 
47575).
    (2) Parade route. The parade route includes the Intracoastal 
Waterway (ICW) from Dania Sound Light 35 (LLNR 47575) to Pompano Beach 
Daybeacon 74 (LLNR 47230).
    (3) Viewing area. The viewing area covers the west side of the 
Intracoastal Waterway from the Sunrise Boulevard Bridge (26 deg. 
08.281'N, 080 deg. 06.482'W) south to the New River Sound Light 3 (LLNR 
47240).
    (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 and 
is also the designated representative of the Captain of the Port of 
Miami for purposes of enforcing security zones in Port Everglades 
during this 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. The Coast Guard Patrol Commander may allow vessels to enter 
the staging area when the last participant vessel has departed the 
staging area. The Coast Guard Patrol Commander will notify the public 
via Marine Safety Radio Broadcast on VHF Marine Band Radio, Channel 16 
(157.1 MHz) if vessels are allowed to enter the staging area.
    (2) Parade route. During the parade transit, non-participant 
vessels are prohibited from approaching within 175 yards ahead of the 
lead vessel or 175 yards astern of the last participating vessel in the 
parade, and within 15 yards on either side of the outboard parade 
vessels, unless authorized by the Coast Guard Patrol Commander.
    (3) Viewing Area. Vessels are prohibited from anchoring in the 
viewing area.
    (4) Miscellaneous. A succession of not fewer that 5 short whistle 
or horn blasts from a patrol vessel will be the signal for any and all 
vessels to stop immediately. At the discretion of the Coast Guard 
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. on December 15, 
2001 and terminates at 11 p.m. on December 15, 2001.

    Dated: December 1, 2001.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 01-30477 Filed 12-7-01; 8:45 am]
BILLING CODE 4910-15-U