[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Rules and Regulations]
[Pages 77119-77121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31593]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-1083]
RIN 1625-AA08


Special Local Regulations; Pompano Beach Holiday Boat Parade, 
Intracoastal Waterway, Pompano Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations on 
the waters of the Intracoastal Waterway in Pompano Beach, Florida 
during the Pompano Beach Holiday Boat Parade on Sunday, December 11, 
2011. The marine parade will consist of approximately 50 vessels. The 
marine parade will begin at Lake Santa Barbara, transit north on the 
Intracoastal Waterway, and end at the Hillsborough Bridge. These 
special local regulations are necessary to provide for the safety of 
life on navigable waters of the United States during the marine parade. 
The special local regulations consist of a series of moving buffer 
zones around participant vessels as they transit from Lake Santa 
Barbara to the Hillsborough Bridge. Persons and vessels that are not 
participating in the marine parade are prohibited from entering, 
transiting through, anchoring in, or remaining within any of the buffer 
zones unless authorized by the Captain of the Port Miami or a 
designated representative.

DATES: This rule is effective from 5 p.m. until 10 p.m. on December 11, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-1083 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-1083 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Lieutenant Jennifer S. Makowski, 
Sector Miami Prevention Department, Coast Guard; telephone (305) 535-
8724, email [email protected]. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard did not receive 
necessary information about this year's Pompano Beach Holiday Boat 
Parade with sufficient time to publish an NPRM and to receive public 
comments prior to the event. Any delay in the effective date of this 
rule would be contrary to the public interest because immediate action 
is needed to minimize potential danger to marine parade participants, 
participant vessels, spectators, and the general public.
    For the same reason discussed above, 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.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233.
    The purpose of the rule is to insure safety of life on navigable 
waters of the United States during the Pompano Beach Holiday Boat 
Parade.

Discussion of Rule

    On December 11, 2011, Greater Pompano Beach Chamber of Commerce is 
hosting the Pompano Beach Holiday Boat Parade on the Intracoastal 
Waterway in Pompano Beach, Florida. The marine parade will consist of 
approximately 50 vessels. The marine parade will begin at Lake Santa 
Barbara, transit north on the Intracoastal Waterway, and end at the 
Hillsborough Bridge. Although this event occurs annually, and special 
local regulations have been promulgated in the Code of Federal 
Regulations at 33 CFR 100.701, the date of the marine parade does not 
correspond with the date published in the Code of Federal Regulations, 
and the special local regulations have been modified. Therefore, the 
special local regulations set forth in 33 CFR 100.701 are inapplicable 
for this year's Pompano Beach Holiday Boat Parade.
    The special local regulations consist of a series of buffer zones 
around vessels participating in the Pompano Beach Holiday Boat Parade. 
These buffer zones are as follows: (1) All waters within 75 yards of 
the lead marine parade vessel; (2) all waters within 75 yards of the 
last marine parade vessel; and (3) all waters within 50 yards of all 
other marine parade vessels. Notice of the special local regulations, 
including the identities of the lead marine parade vessel and the last 
marine parade vessel, will be provided prior to the marine parade by 
Local Notice to Mariners and Broadcast Notice to Mariners. These 
special local regulations will be enforced from 5 p.m. until 10 p.m. on 
December 11, 2011. Persons and vessels are prohibited from entering, 
transiting

[[Page 77120]]

through, anchoring, or remaining within the buffer zones unless 
authorized by the Captain of the Port Miami or a designated 
representative. Persons and vessels desiring to enter, transit through, 
anchor in, or remain within any of the buffer zones may contact the 
Captain of the Port Miami by telephone at (305) 535-4472, or a 
designated representative via VHF radio on channel 16, to request 
authorization. If authorization to enter, transit through, anchor in, 
or remain within any of the buffer zones is granted by the Captain of 
the Port Miami or a designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
Captain of the Port Miami or a designated representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review, 
and 12866, Regulatory Planning and Review, direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a significant regulatory 
action under section 3(f) of Executive Order 12866. Accordingly, the 
Office of Management and Budget has not reviewed this regulation under 
Executive Order 12866.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulations will be enforced 
for only five hours; (2) although persons and vessels will not be able 
to enter, transit through, anchor in, or remain within the buffer zones 
without authorization from the Captain of the Port Miami or a 
designated representative, they may operate in the surrounding area 
during the enforcement period; (3) persons and vessels may still enter, 
transit through, anchor in, or remain within the buffer zones if 
authorized by the Captain of the Port Miami or a designated 
representative; and (4) the Coast Guard will provide advance 
notification of the special local regulations to the local maritime 
community by Local Notice to Mariners and Broadcast Notice to Mariners.

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 
enter, transit through, anchor in, or remain within that portion of the 
Intracoastal Waterway encompassed within the special local regulations 
from 5 p.m. until 10 p.m. on December 11, 2011. For the reasons 
discussed in the Regulatory Planning and Review section above, this 
rule will not have a significant economic impact on a substantial 
number of small entities.

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 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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information 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 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.

[[Page 77121]]

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 
systems 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the Instruction. This rule involves special local regulations issued in 
conjunction with a marine parade. Under figure 2-1, paragraph (34)(h), 
of the Instruction, an environmental analysis checklist 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.

    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.


0
2. Add temporary Sec.  100.35T07-1083 to read as follows:


Sec.  100.35T07-1083  Special Local Regulations; Pompano Beach Holiday 
Boat Parade, Intracoastal Waterway, Pompano Beach, FL.

    (a) Regulated Areas. The following buffer zones are regulated areas 
during the Pompano Beach Holiday Boat Parade: All waters within 75 
yards of the lead marine parade vessel; all waters within 75 yards of 
the last marine parade vessel; and all waters within 50 yards of all 
other marine parade vessels. The identities of the lead marine parade 
vessel and the last marine parade vessel will be provided prior to the 
marine parade by Local Notice to Mariners and Broadcast Notice to 
Mariners. The marine parade will begin at Lake Santa Barbara, transit 
north on the Intracoastal Waterway, and end at the Hillsborough Bridge.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Miami in the enforcement of the regulated areas.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
areas unless authorized by the Captain of the Port Miami or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas may contact the Captain of the 
Port Miami by telephone at (305) 535-4472, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated areas is granted by the Captain of the Port Miami or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Miami or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Date. This rule will be enforced from 5 p.m. until 
10 p.m. on December 11, 2011.

    Dated: November 22, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2011-31593 Filed 12-9-11; 8:45 am]
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