[Federal Register Volume 67, Number 241 (Monday, December 16, 2002)]
[Rules and Regulations]
[Pages 76986-76988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31601]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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 rule creates four separate regulated areas and restricts 
operations of non-participant vessels in the regulated areas. These 
regulations are to provide for the safety of life on navigable waters 
during the event.

DATES: This rule is effective from 4 p.m. until 11 p.m. annually, on 
the first Saturday falling between December 13 and 19, inclusive.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of [CGD07-02-122] 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 or BM1 Vaughn, Coast 
Guard Group Miami, Florida at (305) 535-4317.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On October 31, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations; Winterfest Boat Parade, 
Borward County, Fort Lauderdale, FL'' in the Federal Register (67 FR 
66349). We did not receive any letters commenting on the proposed rule. 
No public hearing was requested, and none was held.

Background and Purpose

    The Winterfest Boat Parade is a nighttime parade of approximately 
110

[[Page 76987]]

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 will form in the staging area at the Port 
Everglades turning basin and on a portion of the Intracoastal Waterway 
(ICW) south of the turning basin and will proceed north on the ICW to 
Lake Santa Barbara where the parade will disband.
    These regulations create regulated areas for the staging area, 
judging area, viewing area, and parade route. Non-participant vessels 
are prohibited from entering or anchoring in the staging area. Further, 
no vessel is allowed to enter or anchor in the viewing and judging 
areas. During the parade transit, these regulations 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 will have watercraft in the area to guide mariners around 
the regulated areas.
    The staging area of this regulation overlaps with existing security 
zones published in 33 CFR Part 165 by the Coast Guard Captain of the 
Port of Miami. 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 Comments and Changes

    The Coast Guard received no comments on the proposed rule and is 
adopting it in whole.

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) because this rule is only 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), the Coast 
Guard considered whether this rule would have a significant economic 
effect upon a substantial number of small entities. The term ``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 regulated areas during the Winterfest Boat Parade. 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 this rule is only 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), 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. 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. Although this rule will not result in such 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.

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''

[[Page 76988]]

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; 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 (ICW), 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 unless authorized by the 
Coast Guard Patrol Commander.
    (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: December 6, 2002.
F.M. Rosa,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 02-31601 Filed 12-13-02; 8:45 am]
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