[Federal Register Volume 67, Number 211 (Thursday, October 31, 2002)]
[Proposed Rules]
[Pages 66349-66351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27665]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-02-122]
RIN 2115-AE46


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

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent special local 
regulations for the annual Winterfest Boat Parade held on the first 
Saturday falling between December 13 and 19, inclusive, each year in 
Fort Lauderdale, Florida. This proposed rule would create four separate 
regulated areas and would restrict operations of non-participant 
vessels in the regulated areas. These regulations are needed to provide 
for the safety of life on navigable waters during the event.

DATES: Comments and related material must reach the Coast Guard on or 
before December 2, 2002.

ADDRESSES: You may mail comments and related material to Coast Guard 
Group Miami, 100 MacArthur Causeway, Miami Beach, Florida, 33139. Coast 
Guard Group 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 Coast Guard Group Miami, 100 MacArthur Causeway, Miami 
Beach, Florida 33139 between 7:30 a.m. and 3 p.m. Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: BMC Victor Sorensen or BM1 Daniel 
Vaughn at (305) 535-4317.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD07-02-
122], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. You may submit 
your comments and material by mail, hand delivery, fax, or electronic 
means to the Coast Guard at the address under ADDRESSES; but please 
submit your comments and material by only one means. If you submit them 
by mail or hand delivery, submit them in an unbound format, no larger 
than 8\1/2\ by 11 inches, suitable for copying and electronic filing. 
If you submit them by mail and would like to know that they reached us, 
please enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period. 
We may change this proposed rule in view of them. We anticipate making 
this rule effective less than 30 days after the final rule is published 
in the Federal Register due to the event date in mid-December and to 
allow the public to comment on this proposed rule.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Coast Guard at the address under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    The 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 typically view 
the parade. The parade would form in the staging area at the Port 
Everglades turning basin and on a portion of the ICW south of the 
turning basin and would proceed north on the ICW to Lake Santa Barbara 
where the parade would disband.
    These regulations would create regulated areas for the staging 
area, judging area, viewing area, and parade route. Non-participant 
vessels would be prohibited from entering or anchoring in the staging 
area. Further, no vessel would be allowed to enter or anchor in the 
viewing and judging areas. During the parade transit, these regulations 
would prohibit non-participant vessels from approaching within 175 
yards ahead of the lead vessel and 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 would have watercraft in the area 
to guide mariners around the regulated areas.
    The staging area of this regulation overlaps with existing security 
zones established by the Coast Guard Captain of the Port of Miami under 
33 CFR 165.T07-054 (67 FR 46389, July 15, 2002). These security zones 
are activated when passenger vessels, vessels carrying cargoes of 
particular hazard, or vessels carrying liquified hazardous gas as 
defined in 33 CFR parts 120, 126, and 127 respectively, enter or moor 
in Port Everglades. These security zones remain in effect during this 
event and no person or vessel may enter the security zones without the 
permission of the Coast Guard Patrol Commander.

Discussion of Rule

    The Coast Guard proposes to establish four regulated areas for this 
event: a staging area, a judging area, a viewing

[[Page 66350]]

area, and a parade route. The staging area consists of all waters of 
the Port Everglades turning basin, including the North and South 
extensions, all waters of the Bar Cut west of a line from position 
26[deg]05.668' N, 080[deg]06.491' W, to position 26[deg]05.557' N, 
080[deg]06.491' W, and all waters of the ICW, bank to bank, from Dania 
Sound Light 35 (LLNR 47575) to the Port Everglades turning basin.
    The parade route consists of the Intracoastal Waterway, bank to 
bank, from a line drawn across the ICW at the 17th Street Causeway 
Bridge between position 26[deg]06.098' N, 080[deg]07.179' W and 
position 26[deg]06.092' N, 080[deg]07.085' W, to Pompano Beach 
Daybeacon 74 (LLNR 47230). The viewing area consists of all waters of 
the ICW east of the centerline of the charted channel from the Sunrise 
Boulevard Bridge (26[deg]08.281' N, 080[deg]06.482' W) past Hugh Taylor 
Birch State Park to position 26[deg]09.0' N, 080[deg]06.3' W at the 
north end of Hugh Taylor Birch Park. The judging area consists of an 
area of the ICW, bank to bank, from a point on the northwest side of 
the 17th Street Causeway Bridge in position 26[deg]06.098' N, 
080[deg]07.179' W, north to position 26[deg]06.131' N, 080[deg]07.19' 
W, then east to position 26[deg]06.131' N, 080[deg]07.10' W, then back 
south to position 26[deg]06.092' N, 080[deg]07.085' W at the northeast 
side of the 17th Street Causeway Bridge.
    Non-participant vessels are prohibited from entering or anchoring 
in the staging area, viewing area, and judging area, unless authorized 
by the Coast Guard 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 
would notify the public via Marine Safety Radio Broadcast on VHF Marine 
Band Radio, Channel 16 (157. MHz) if vessels are allowed to enter the 
staging area.
    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 either side of the parade unless authorized by the Coast Guard 
Patrol Commander.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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, l979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary because this 
rule would only be in effect for 7 hours each year and the Coast Guard 
Patrol Commander may allow vessels to enter portions of the regulated 
areas on a case-by-case basis.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have 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.
    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 a portion of the regulated areas from 4 p.m. to 11 p.m. on 
the first Saturday falling between December 13 and 19, inclusive, each 
year. 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 because the rule would only be in 
effect for 7 hours each year and the Coast Guard Patrol Commander may 
allow vessels to enter portions of the regulated areas on a case-by-
case basis.
    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 a comment to the 
Coast Guard at the address under ADDRESSES. In your comment, explain 
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 want to 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 consult the person listed under FOR 
FURTHER INFORMATION CONTACT for information on understanding and 
participating in this rulemaking.
    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 proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132, 
Federalism, and have determined that it 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) 
requires Federal agencies to assess the effects of their regulatory 
actions not specifically required by law. 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. Although this proposed rule would 
not result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from

[[Page 66351]]

Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and would not create an environmental 
risk to health or risk to safety that might disproportionately affect 
children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

Environment

    The Coast Guard has considered the environmental impact of this 
action and has determined that pursuant to figure 2-1, paragraph 34(h) 
of Commandant Instruction M164751D, 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; 49 CFR 1.46.

    2. Add Sec.  100.735 to read as follows:


Sec.  100.735  Winterfest Boat Parade, Broward County, Fort Lauderdale, 
Florida

    (a) Regulated areas. (1) Staging area. The staging area consists of 
all waters of the Port Everglades turning basin, including the North 
and South extensions, all waters of the Bar Cut west of a line from 
position 26[deg]05.668' N, 080[deg]06.491' W, to position 
26[deg]05.557' N, 080[deg]06.491' W, and all waters of the ICW, bank to 
bank, from Dania Sound Light 35 (LLNR 47575) to the Port Everglades 
turning basin.
    (2) Parade route. The parade route consists of the Intracoastal 
Waterway, bank to bank, from a line drawn across the ICW at the 17th 
Street Causeway Bridge between position 26[deg]06.098' N, 
080[deg]07.179' W and position 26[deg]06.092' N, 080[deg]07.085' W, to 
Pompano Beach Daybeacon 74 (LLNR 47230).
    (3) Viewing area. The viewing area consists of all waters of the 
ICW east of the centerline of the charted channel from the Sunrise 
Boulevard Bridge (26[deg]08.281' N, 080[deg]06.482' W) past Hugh Taylor 
Birch State Park to position 26[deg]09.0' N, 080[deg]06.3' W at the 
north end of Hugh Taylor Birch State Park.
    (4) Judging area. The judging area consists of an area of the ICW, 
bank to bank, from a point on the northwest side of the 17th Street 
Causeway Bridge in position 26[deg]06.098' N, 080[deg]07.179' W, north 
to position 26[deg]06.131' N, 080[deg]07.19' W, then east to position 
26[deg]06.131' N, 080[deg]07.10' W, then back south to position 
26[deg]06.092' N, 080[deg]07.085' W at the northeast side of the 17th 
Street Causeway Bridge.
    (b) Special local regulations. (1) Staging area. Non-participant 
vessels are prohibited from entering or anchoring in the staging area, 
unless authorized by the Coast Guard 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. 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 and 175 yards astern of the last participating vessel in 
the parade, and within 15 yards either side of the parade unless 
authorized by the Coast Guard Patrol Commander.
    (3) Viewing and judging areas. Vessels are prohibited from entering 
or anchoring in the viewing and judging areas.
    (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.
    (c) Dates. This section is effective from 4 p.m. until 11 p.m. 
annually, on the first Saturday falling between December 13 and 19, 
inclusive.

    Dated: October 23, 2002.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 02-27665 Filed 10-30-02; 8:45 am]
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