[Federal Register Volume 77, Number 228 (Tuesday, November 27, 2012)]
[Rules and Regulations]
[Pages 70681-70684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28696]



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 Rules and Regulations
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  Federal Register / Vol. 77, No. 228 / Tuesday, November 27, 2012 / 
Rules and Regulations  

[[Page 70681]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-20l2-0898]
RIN 1625-AA08


Special Local Regulations; 2012 Holiday Boat Parades, Captain of 
the Port Miami Zone; FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing five special local regulations 
during the month of December for holiday boat parades which are 
scheduled to occur on the navigable waterways in vicinities of Fort 
Lauderdale, Pompano Beach, Palm Beach, Boynton Beach, Delray Beach, and 
Miami, Florida. These special local regulations are necessary to 
protect the public from the hazards associated with marine parades. The 
special local regulations consist of a series of moving zones, to 
include buffer areas, around participant vessels as they transit the 
navigable waters of the United States during these events. 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 regulated areas unless authorized by the Captain of the Port 
Miami or a designated representative.

DATES: This rule is effective from 12:01 a.m. on December 1, 2012 until 
11:30 p.m. on December 31, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0898. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami 
Prevention Department, Coast Guard; telephone (305) 535-7576, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On November 8, 2012, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled USCG-2012-0898 in the Federal Register (77 
FR 2012-66938). No comments on the proposed rule were received. No 
Public meeting was requested, and none was held.

B. Basis and Purpose

    (a) The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233.
    (b) The purpose of the rule is to provide for the safety of life on 
the navigable waters during the holiday boat parades in the Captain of 
the Port Miami Zone.

C. Discussion of the Final Rule

    The Coast Guard did not receive any comments to the proposed rule, 
and no changes were made to the regulatory text.
    Multiple marine parades are planned for the 2012 holiday season 
throughout the Captain of the Port Miami Zone. The Coast Guard is 
establishing five special local regulations for marine parades during 
the month of December, 2012 within the navigable waters of the Captain 
of the Port Miami Zone. The special local regulations are listed below.
    1. Fort Lauderdale, Florida. On December 15, 2012, Winterfest, Inc. 
is hosting the Seminole Hard Rock Winterfest Boat Parade on the New 
River and the Intracoastal Waterway in Fort Lauderdale, Florida. The 
marine parade will consist of approximately 120 vessels, and will begin 
at Cooley's Landing Marina and transit east on the New River, then head 
north on the Intracoastal Waterway to Lake Santa Barbara. A special 
local regulation was previously promulgated at 33 CFR 100.701, however, 
the promulgated regulation does not extend the special local regulation 
into the New River, nor does it provide sufficient detail regarding the 
regulation for the marine parade. Therefore, the special local 
regulation set forth in 33 CFR 100.701 is inapplicable for this year's 
marine parade. The special local regulation consists of a moving zone 
that will include a buffer zone extending 50 yards ahead of the lead 
parade vessel, 50 yards astern of the last participant vessel, and 50 
yards on either side of the parade. Notice of the special local 
regulation will be provided prior to the marine parade by Local Notice 
to Mariners and Broadcast Notice to Mariners. This special local 
regulation will be enforced from 2:30 p.m. until 11:30 p.m. on December 
15, 2012.
    2. Pompano Beach, Florida. On December 9, 2012, 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 and transit north on the 
Intracoastal Waterway to the Hillsboro Bridge. A special local 
regulation was previously promulgated at 33 CFR 100.701, however, the 
date of the 2012 marine parade does not correspond with the date 
published in the Code of Federal Regulations. Therefore, the special 
local regulation set forth in 33 CFR 100.701 is inapplicable for this 
year's marine parade. The special local regulation consists of a moving 
zone that will include a buffer zone extending 50 yards ahead of the 
lead parade vessel, 50 yards astern of the last participant vessel, and 
50 yards on either side of the parade. Notice of the special local

[[Page 70682]]

regulation will be provided prior to the marine parade by Local Notice 
to Mariners and Broadcast Notice to Mariners. This special local 
regulation will be enforced from 5:00 p.m. until 10:00 p.m. on December 
9, 2012.
    3. Palm Beach, Florida. On December 1, 2012, Marine Industries 
Association of Palm Beach County is sponsoring the Palm Beach Holiday 
Boat Parade. The marine parade will be held on the waters of the 
Intracoastal Waterway in Palm Beach, FL. The marine parade will consist 
of approximately 60 vessels. The marine parade will begin at Lake Worth 
Daymark 28 in North Palm Beach and end at Loxahatchee River Daymark 7 
east of the Glynn Mayo Highway Bridge in Jupiter, FL. A special local 
regulation was previously promulgated at 33 CFR 100.701, however, the 
route of the 2012 marine parade does not correspond with the route 
published in the Code of Federal Regulations. Therefore, the special 
local regulation set forth in 33 CFR 100.701 is inapplicable for this 
year's marine parade. The special local regulation consists of a moving 
zone that will include a buffer zone extending 50 yards ahead of the 
lead parade vessel, 50 yards astern of the last participant vessel, and 
50 yards on either side of the parade. Notice of the special local 
regulation will be provided prior to the marine parade by Local Notice 
to Mariners and Broadcast Notice to Mariners. The special local 
regulation will be enforced from 5:30 p.m. until 8:30 p.m. on December 
1, 2012.
    4. Boynton Beach, Florida. On December 7, 2012, Boynton Beach 
Community Development Agency is sponsoring the Boynton and Delray 
Holiday Boat Parade. The marine parade will be held on the waters of 
the Intracoastal Waterway in Boynton Beach, Florida. The marine parade 
will consist of approximately 40 vessels. The marine parade will begin 
at Boynton Inlet and continue south until the C-15 Canal. A special 
local regulation was previously promulgated at 33 CFR 100.701, however, 
the date of the 2012 marine parade does not correspond with the date 
published in the Code of Federal Regulations. Therefore, the special 
local regulation set forth in 33 CFR 100.701 is inapplicable for this 
year's marine parade. The special local regulation consists of a moving 
zone that will include a buffer zone extending 50 yards ahead of the 
lead parade vessel, 50 yards astern of the last participant vessel, and 
50 yards on either side of the parade. Notice of the special local 
regulation will be provided prior to the marine parade by Local Notice 
to Mariners and Broadcast Notice to Mariners. The special local 
regulation will be enforced from 6:00 p.m. until 8:00 p.m. on December 
7, 2012.
    5. Miami, Florida. On December 15, 2012, Miami Outboard Club is 
sponsoring the Miami Outboard Holiday Boat Parade. The marine parade 
will be held on the waters of Biscayne Bay, Miami, Florida and the 
Intracoastal Waterway. The marine parade will consist of approximately 
70 vessels. The marine parade will begin at the Miami Outboard Club on 
Watson Island, head west around Palm Island and Hibiscus Island, head 
east between Di Lido Island, south through Meloy Channel, west through 
Government Cut to Bicentennial Park, south to the Dodge Island Bridge, 
south in the Intracoastal Waterway to Claughton Island, circling back 
to the north in the Intracoastal Waterway to end at the Miami Outboard 
Club. A special local regulation was previously promulgated at 33 CFR 
100.701, however, the date of the 2012 marine parade does not 
correspond with the date published in the Code of Federal Regulations. 
Therefore, the special local regulation set forth in 33 CFR 100.701 is 
inapplicable for the 2012 marine parade. The special local regulation 
consists of a moving zone that will include a buffer zone extending 50 
yards ahead of the lead parade vessel, 50 yards astern of the last 
participant vessel, and 50 yards on either side of the parade. Notice 
of the special local regulation will be provided prior to the marine 
parade by Local Notice to Mariners and Broadcast Notice to Mariners. 
The special local regulation will be enforced from 7:00 p.m. until 
11:00 p.m. on December 15, 2012.
    Persons and vessels will be prohibited from entering, transiting 
through, anchoring, or remaining within the five aforementioned moving 
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 moving 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 moving 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.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The economic impact of 
this rule is not significant for the following reasons: (1) No single 
special local regulation will be enforced in excess of 9 hours, and all 
five enforcement periods combined will not exceed 23 hours; (2) non-
participant persons and vessels may enter, transit through, anchor in, 
or remain within the regulated areas during their respective 
enforcement periods if authorized by the Captain of the Port Miami or a 
designated representative; (3) non-participant persons and vessels not 
able to enter, transit through, anchor in, or remain within the 
regulated areas without authorization from the Captain of the Port 
Miami or a designated representative may operate in the surrounding 
areas during the respective enforcement periods; (4) the moving zones 
will travel with the marine parades, allowing the enforcement areas to 
resume normal traffic patterns in a timely manner; and (5) 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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. 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

[[Page 70683]]

entities: the owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within any of the special local 
regulations during the respective enforcement periods. 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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that 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 involves special local regulations issued in 
conjunction with marine parades. This rule is categorically excluded 
from further review under paragraph 34(h) and 35(b) of Figure 2-1 of 
the Commandant Instruction. An environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

F. 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.  100.35T07-0898 to read as follows:


Sec.  100.35T07-0898  Special Local Regulations; 2012 Holiday Boat 
Parades, Captain of the Port Miami Zone; FL.

    (a) Regulated areas. The following moving zones are regulated 
areas, with the specified enforcement period for each zone. The 
identities of the lead parade vessel and the last participating vessel 
will be provided prior to the marine parade by Broadcast Notice to 
Mariners.
    (1) Fort Lauderdale, Florida. All waters within a moving zone that 
will begin at Cooley's Landing Marina and end at Lake Santa Barbara, 
which will include a buffer zone extending 50 yards ahead of the lead 
parade vessel and 50 yards astern of the last participating vessel and 
50 yards on either side of the parade. This special local regulation 
will be enforced from

[[Page 70684]]

2:30 p.m. until 11:30 p.m. on December 15, 2012.
    (2) Pompano Beach, Florida. All waters within a moving zone that 
will begin at Lake Santa Barbara and head north on the Intracoastal 
Waterway to end at the Hillsboro Bridge, which will include a buffer 
zone extending 50 yards ahead of the lead parade vessel and 50 yards 
astern of the last participating vessel and 50 yards on either side of 
the parade. This special local regulation will be enforced from 5:00 
p.m. until 10:00 p.m. on December 9, 2012.
    (3) Palm Beach, Florida. All waters within a moving zone that will 
begin at Lake Worth Daymark 28 in North Palm Beach and end at 
Loxahatchee River Daymark 7 east of the Glynn Mayo Highway Bridge in 
Jupiter, FL, which will include a buffer zone extending 50 yards ahead 
of the lead parade vessel and 50 yards astern of the last participating 
vessel and 50 yards on either side of the parade. The special local 
regulation will be enforced from 5:30 p.m. until 8:30 p.m. on December 
1, 2012.
    (4) Boynton Beach, Florida. All waters within a moving zone that 
will begin at Boynton Inlet and end at the C-15 Canal, which will 
include a buffer zone extending 50 yards ahead of the lead parade 
vessel and 50 yards astern of the last participating vessel and 50 
yards on either side of the parade. The special local regulation will 
be enforced from 6:00 p.m. until 8:00 p.m. on December 7, 2012.
    (5) Miami, Florida. All waters within a moving zone that will 
transit as follows: the marine parade will begin at the Miami Outboard 
Club on Watson Island, head west around Palm Island and Hibiscus 
Island, head east between Di Lido Island, south through Meloy Channel, 
west through Government Cut to Bicentennial Park, south to the Dodge 
Island Bridge, south in the Intracoastal Waterway to Claughton Island, 
circling back to the north in the Intracoastal Waterway to end at the 
Miami Outboard Club. This will include a buffer zone extending to 50 
yards ahead of the lead vessel and 50 yards astern of the last 
participating vessel and 50 yards on either side of the parade. The 
special local regulation will be enforced from 7:00 p.m. until 11:00 
p.m. on December 15, 2012.
    (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 area.
    (c) Regulations. (1) Non-participant persons and vessels are 
prohibited from entering the moving zones, to include the buffer zones. 
Non-participant persons and vessels may request authorization to enter, 
transit through, anchor in, or remain within the regulated area by 
contacting the Captain of the Port Miami by telephone at 305-535-4472, 
or a designated representative via VHF radio on channel 16. If 
authorization 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.
    (2) 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) Effective date. This rule is effective from 12:01 a.m. on 
December 1, 2012 until 11:30 p.m. on December 31, 2012.

    Dated: November 15, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-28696 Filed 11-26-12; 8:45 am]
BILLING CODE 9110-04-P