[Federal Register Volume 68, Number 235 (Monday, December 8, 2003)]
[Rules and Regulations]
[Pages 68239-68241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30376]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-03-152]
RIN 1625-AA08


Special Local Regulations; 2003 Boca Raton Holiday Boat Parade, 
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 Boca Raton Holiday Boat Parade, Riviera Beach, Florida. The 
event will be held on December 20, 2003, on the waters of the 
Intracoastal Waterway between the C-15 canal, just North of Bella 
Marra, and the Hillsboro Boulevard bridge spanning the Intracoastal 
Waterway. These regulations exclude non-participant vessels from the 
regulated area, which includes the parade route, staging area, and 
viewing area. These regulations are needed to provide for the safety of 
life on navigable waters during the event.

DATES: This rule is effective from 6 p.m. until 9 p.m. on December 20, 
2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD07-03-152) 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:

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 an NPRM would be 
contrary to public safety interests and unnecessary. 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, parade and viewing areas of an event that will occur in a 
relatively short period of time. Moreover, the regulation will be in 
effect for only 3 hours. 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 2003 Boca Raton Holiday Boat Parade is a nighttime parade of 
approximately 60 pleasure boats that range in length from 15 feet to 
100 feet decorated with holiday lights. It is anticipated that 
approximately 50 spectator craft will view the parade. The parade will 
form in a staging area on the Intracoastal Waterway at the C-15 Canal, 
just North of Bella Marra at

[[Page 68240]]

approximately 26[deg]25' N, then proceed south on the Intracoastal 
Waterway (ICW) to Hillsboro Boulevard Bridge at approximately 
26[deg]19' N, where the parade will disband. The regulated area 
includes the staging area in the vicinity of the C-15 canal, 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 for the parade, in the vicinity of the mouth of the C-
15 canal, and the parade route south along the Intracoastal Waterway to 
the Hillsboro Boulevard Bridge. 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.
    The staging area and parade route encompass the Intracoastal 
Waterway from the C-15 Canal south to the Hillsboro Boulevard Bridge. 
No anchoring is permitted in the staging area.

Regulatory Evaluation

    This 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 Homeland 
Security (DHS). This rule will be in effect for only 3 hours on the 
date of the parade.

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 20, 2003. This rule will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. This rule will be in effect for only 3 hours late in 
the day when vessel traffic is low. 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 (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 
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 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 risk to 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

[[Page 68241]]

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, 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--SAFETY OF LIFE ON NAVIGABLE WATERS

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-07-152 to read as follows:


Sec.  100.35T-07-152  2003 Boca Raton Holiday Boat Parade, Riviera 
Beach, FL.

    (a) Regulated area. The regulated area encompasses the staging area 
and parade route for the 2003 Boca Raton Holiday Boat Parade, which 
includes all waters of the Intracoastal Waterway from the C-15 Canal 
south to the Hillsboro Boulevard Bridge.
    (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 patrol commander for the event by Commander, Coast 
Guard Group Miami, Florida.
    (c) Special Local Regulations. (1) Staging area. Entry or anchoring 
in the staging area, in the vicinity of the mouth of the C-15 canal 
where it intersects the Intracoastal Waterway, by non-participating 
vessels is prohibited, unless authorized by the 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 patrol commander.
    (c) Effective period: This section becomes effective at 6 p.m. and 
terminates at 9 p.m. on December 20, 2003.

    Dated: November 24, 2003.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-30376 Filed 12-5-03; 8:45 am]
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