[Federal Register Volume 68, Number 234 (Friday, December 5, 2003)]
[Rules and Regulations]
[Pages 67944-67946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30278]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-03-151]
RIN 1625-AA08


Special Local Regulations; 2003 Holiday Boat Parade of the Palm 
Beaches, Riviera Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: Temporary special local regulations are being established for 
the 2003 Holiday Boat Parade in Riviera Beach, Florida. The event will 
be held on December 6, 2003, on the waters of the Intracoastal Waterway 
staging in the Lake Worth turning basin southeast of Peanut Island, and 
proceeding north from Lake Worth South Section Marker 1 and to 
Jonathan's Landing Marina, Lake Worth Creek Marker 19. These 
regulations exclude non-participant vessels from the regulated area, 
which includes the staging area and the parade route, and are needed to 
provide for the safety of life on navigable waters during the event.

DATES: These regulations are effective from 6 p.m. until 9 p.m. on 
December 6, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of [CGD07-03-151] 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 Vaughn, Coast Guard Group Miami, 
Florida at (305) 535-4317.

SUPPLEMENTARY INFORMATION: 

Good Cause

    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 an NPRM would be 
unnecessary and contrary to public safety interests. These regulations 
are needed to minimize danger to the public resulting from numerous 
spectator and participant craft in close proximity to each other around 
the staging area and parade route. The event will be held on Saturday 
December 6, 2003. There is not sufficient time to allow for a notice 
and comment period, prior to the event. For the safety concerns noted, 
it is in the public interest to have these regulations in effect during 
the event. In addition, advance notifications will be made via marine 
information broadcasts.
    For the same reasons, 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 2003 Holiday Boat Parade of the Palm Beaches is a nighttime 
parade of approximately 60 pleasure boats decorated with holiday 
lights. These boats range in length from 15 feet to 50 feet. It is 
anticipated that approximately 200 spectator craft will view the 
parade. The parade will form in a staging area located within the Lake 
Worth turning basin on the southeast side of Peanut Island and 
encompassing all waters within the turning basin west of a line 
connecting Marker 12 on the north side of the turning basin and Marker 
13 on the south side of the turning basin. The parade will then 
commence and proceed north from Lake Worth South Section Marker 1 on 
the Intracoastal Waterway (ICW) to Jonathan's Landing Marina at Lake 
Worth Creek Marker 19, where the parade will disperse. The regulated 
area includes the staging area and the parade route.

Discussion of Rule

    The special local regulations for this event prohibit non-
participant vessels from entering the regulated area, which includes 
the staging area and the parade route.
    The staging area encompasses all waters within the Lake Worth 
turning basin on the southeast side of Peanut Island west of a line 
connecting Lake Worth Inlet Marker 12 on the north side of the turning 
basin and Marker 13 on the south side of the turning basin. No 
anchoring is permitted in the staging area.
    The parade route encompasses the Intracoastal Waterway from Lake 
Worth

[[Page 67945]]

South Section Marker 1 to Lake Worth Creek Marker 19. During transit of 
the parade, these regulations prohibit non-participating vessels from 
approaching within 500 feet ahead of the lead parade vessel, 500 feet 
astern of the last participating vessel, or within 50 feet on either 
side of the outboard parade vessels in the regulated area, unless 
authorized by the Coast Guard patrol commander.

Regulatory Evaluation

    This proposal 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 
Homeland Security (DHS). This regulation will have a minimal impact on 
non-participant and non-spectator vessels due to the normally low 
volume of vessel traffic on the ICW during this time this rule is 
effective. Moreover, this rule is effective for only 3 hours, it 
regulates only the waters immediately surrounding the parade vessels, 
and moves with the parade vessels and should therefore have a minimal 
impact on non-participant and non-spectator vessels.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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.
    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. 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 area from 6 p.m. to 9 
p.m. on December 6, 2003. This rule will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. This rule is for a highly publicized event and will 
be in effect for only three hours late in the day when vessel traffic 
is minimal. Any traffic that needs to pass through the regulated area 
will be allowed to pass with the permission of the Coast Guard patrol 
commander once the parade participants have moved further along the 
parade route.

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 can better evaluate its 
effects on them and participate in the rulemaking process. Small 
businesses may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in 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 rule calls for no new collection of information requirements 
under the Paperwork Reduction Act of 1995 (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 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 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 the 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'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph 34(h), of the Instruction, from further 
environmental documentation. Under figure 2-1,

[[Page 67946]]

paragraph (34)(h), of the Instruction, an ``Environmental Analysis 
Check List'' and a ``Categorical Exclusion Determination'' are not 
required for this rule.

List of Subjects in 33 CFR Part 100

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


0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR 
part 100 as follows:

PART 100--[MARINE EVENTS]

0
1. The authority citation for Part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  100.35T-07-151 to read as follows:


Sec.  100.35T-07-151 2003  Holiday Boat Parade of the Palm Beaches, 
Riviera Beach, FL

    (a) Regulated areas. (1) The regulated staging area encompasses all 
waters within the Lake Worth Inlet, Port of Palm Beach, turning basin, 
west of a line connecting Marker 12 on the north side of the turning 
basin and Marker 13 on the south side of the turning basin.
    (2) The regulated parade area encompasses all waters of the 
Intracoastal Waterway from Lake Worth South Section Marker 1 behind 
Peanut Island north to Lake Worth Creek Marker 19 at Jonathan's Landing 
Marina.
    (b) 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 Commander, Coast Guard Group Miami, Florida.
    (c) Special local regulations. (1) Staging areas. Entry or 
anchoring in the staging area by non-participating vessels is 
prohibited, unless authorized by the Coast Guard patrol commander.
    (2) Parade route. During the transit of parade vessels, non-
participating vessels are prohibited from approaching within 500 feet 
ahead of the lead parade vessel, 500 feet astern of the last 
participating vessel in the parade, or within 50 feet either side of 
the outboard parade vessels, unless authorized by the Coast Guard 
patrol commander.
    (d) Effective period: This section is effective from 6 p.m. until 9 
p.m. on December 6, 2003.

    Dated: November 25, 2003.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-30278 Filed 12-4-03; 8:45 am]
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