[Federal Register Volume 69, Number 164 (Wednesday, August 25, 2004)]
[Rules and Regulations]
[Pages 52171-52174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19451]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-04-103]
RIN 1625-AA08


Special Local Regulations; 2004 MTV Video Music Awards, American 
Airlines Arena, Port of Miami, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: Temporary special local regulations are being established for 
the 2004 MTV Video Music Awards at the American Airlines Arena in the 
Port of Miami, Florida. These regulations are necessary for the safety 
of life on navigable waters. The MTV Video Music Awards Boat Parade 
will be held on August 29, 2004, and the parade route includes the 
waters of the Miami Main Channel, the Miami Harbor turning basin and 
the American Airlines Arena Marina Basin, with the staging area at the 
United States Coast Guard Base. These regulations exclude non-
participant vessels from entering the regulated areas, including the 
staging

[[Page 52172]]

area, parade route and arena marine basin.

DATES: These regulations are effective from 3 p.m. until 11 p.m. on 
August 29, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD07-04-103] and are available for 
inspection or copying at Coast Guard Sector 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 Sector Miami, 
Florida at (305) 535-4317.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for these 
regulations. 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. The organizers of the event were 
not able to provide necessary information prior to the event and with 
sufficient time remaining to publish an NPRM. As the event will be held 
on Sunday, August 29, 2004, there is not sufficient time to allow for a 
notice and comment period prior to its occurrence. Additionally, 
numerous spectator craft and participant craft will be in close 
proximity to each other around the staging area, parade area and arena 
marine basin, compromising the safety of all vessels in the heavily 
congested area. For these safety reasons, it is in the public interest 
to have these regulations in effect during the event. 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 2004 MTV Video Music Awards will be held in Miami at the 
American Airlines Arena. A boat parade of award recipients will precede 
the award ceremony. The boat parade will be a nighttime parade of 
approximately 20 vessels. The vessels range in length from 20 to 100 
feet. Approximately 200 spectator craft are expected to view the parade 
from the waterway. The parade will form in the staging area at the 
Coast Guard base then proceed south into the Port of Miami, Main 
Channel, then west into the Miami Harbor turning basin, then west into 
the American Airlines Arena marina basin. The regulated area includes 
the staging area, parade route and arena marine basin.

Discussion of Rule

    These special local regulations prohibit non-participant vessels 
from entering the regulated areas, which include the staging area, 
parade route and arena marine basin.
    The staging area encompasses all waters surrounding the Coast Guard 
base in Miami Beach. No anchoring or entry will be permitted in the 
staging area.
    The parade area begins at the southerly end of the staging area, 
then south to the Main Channel, then west into the Miami Harbor turning 
basin in a box formed by the following coordinates:

MTV 1 25[deg]46'03'' N, 080[deg]08'45'' W,
MTV 2 25[deg]46'07'' N, 080[deg]08'43'' W,
MTV 3 25[deg]47'05'' N, 080[deg]11'02'' W,
MTV 4 25[deg]46'57'' N, 080[deg]11'04'' W,
MTV 5 25[deg]46'52'' N, 080[deg]10'47'' W,

and then continues west into the marine basin at the American Airlines 
Arena. During transit of the parade, these regulations prohibit non-
participating vessels from entering the parade area, unless authorized 
by the Coast Guard Patrol Commander.
    The regulated area at the American Airlines Arena will consist of 
an area marked off by buoys at the following positions:

M1 25[deg]47'07'' N, 080[deg]11'07'' W,
M2 25[deg]47'05'' N, 080[deg]11'01'' W,
M3 25[deg]47'03'' N, 080[deg]10'56'' W,
M4 25[deg]46'59'' N, 080[deg]10'52'' W,
M5 25[deg]46'53'' N, 080[deg]10'53'' W,
M6 25[deg]46'48'' N, 080[deg]10'56'' W,

and the bridge transiting over to Dodge Island.
    These regulations prohibit non-participating vessels from entering 
the area, unless authorized by the Coast Guard Patrol Commander.

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). These regulations will have a minimal impact on non-
participant and non-spectator vessels due to the normally low volume of 
vessel traffic on the regulated waterways when the regulation is 
effective. Moreover, this rule is only in effect for 8 hours. Also, it 
regulates only the waters immediately surrounding the parade vessels, 
and it moves with the parade vessels. Therefore, it should 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 3 p.m. to 11 
p.m. on August 29, 2004. 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 only be in 
effect for 8 hours when vessel traffic normally 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 
entities may contact the person listed under the FOR FURTHER 
INFORMATION CONTACT section 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

[[Page 52173]]

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 Mandate 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 affect 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 concern 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design or 
operation; test methods; sampling procedures; and related management 
system practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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, 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 discussed 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-07-103 to read as follows:


Sec.  100.35T-07-103, 2004  MTV Video Music Awards, American Airlines 
Arena, Port of Miami, Miami, FL.

    (a) Regulated areas. (1) The staging area encompasses all waters 
surrounding the Coast Guard Island that are west of Government Cut.
    (2) The parade area begins at the southerly end of the staging 
area, then south to the Main Channel, then west into the Miami Harbor 
turning basin in a box formed by the following coordinates:

MTV 1 25[deg]46'03'' N, 080[deg]08'45'' W,
MTV 2 25[deg]46'07'' N, 080[deg]08'43'' W,
MTV 3 25[deg]47'05'' N, 080[deg]11'02'' W,
MTV 4 25[deg]46'57'' N, 080[deg]11'04'' W,
MTV 5 25[deg]46'52'' N, 080[deg]10'47'' W,

and then continues west into the marina basin at the American Airlines 
Arena.

    (3) The marine basin regulated area at the American Airlines Arena 
will consist of an area marked off by buoys in the following positions:

M1 25[deg]47'07'' N, 080[deg]11'07'' W,
M2 25[deg]47'05'' N, 080[deg]11'01'' W,
M3 25[deg]47'03'' N, 080[deg]10'56'' W,
M4 25[deg]46'59'' N, 080[deg]10'52'' W,
M5 25[deg]46'53'' N, 080[deg]10'53'' W,
M6 25[deg]46'48'' N, 080[deg]10'56'' W,


and the bridge transiting over to Dodge Island.
    (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 the Commander, Coast Guard Sector Miami, Florida.
    (c) Special Local Regulations. (1) Staging area. Entry or anchoring 
in the staging area by nonparticipating vessels is prohibited, unless 
authorized by the Patrol Commander.
    (2) Parade route. During the parade, non-participating vessels are 
prohibited from entering or anchoring in the parade area, unless 
authorized by the Patrol Commander.
    (3) Arena marine basin. The American Airlines Arena has a marine

[[Page 52174]]

basin to the northeast of the main facilities. This basin will be used 
to moor various spectator, participant and entertainment vessels. Entry 
or anchoring in the arena marine basin by nonparticipating vessels is 
prohibited, unless authorized by the Patrol Commander.
    (d) Effective period: This section is effective from 3 p.m. until 
11 p.m. on August 29, 2004.

    Dated: August 16, 2004.
D.B. Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-19451 Filed 8-24-04; 8:45 am]
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