[Federal Register Volume 78, Number 240 (Friday, December 13, 2013)]
[Rules and Regulations]
[Pages 75899-75902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29524]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0939]
RIN 1625-AA00


Safety Zone; 2013 Holiday Boat Parades, Captain of the Port Miami 
Zone; FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing two temporary safety zones 
during the month of December when holiday boat parades are scheduled to 
occur on the navigable waterways in the vicinity of Palm Beach and 
Miami, Florida. The safety zones consist of a series of moving zones 
around participant vessels as they transit the navigable waters of the 
United States during these events. The safety zones are necessary to 
provide for the safety of the participants, participant vessels, and 
general public on the navigable waters of the United States during the 
events. Non-participant persons and vessels will be prohibited from 
entering, transiting through, anchoring in, or remaining within the 
safety zones unless authorized by the Captain of the Port Miami or a 
designated representative.

DATES: This rule is effective from December 13, 2013 until December 14, 
2013. For purposes of enforcement, actual notice will be used from 
December 7, 2013, until December 13, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0939]. 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 John K. Jennings, Sector Miami Prevention Department, 
U.S. Coast Guard; telephone (305) 535-4317, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, 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

    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 was waiting to 
receive all boat parade event applications to determine if other 
parades would need a safety zone and did not receive necessary 
information regarding all the events until October 31, 2013. Special 
local regulations for these events were previously promulgated at 33 
CFR 100.701; however, the route and or date of these events does not 
correspond with the route and or date published in the Code of Federal 
Regulations. Furthermore, due to the diminishing size of these events, 
through participants or spectators, the Coast Guard no longer deems 
these events as needing a marine event permit or special local 
regulation. The events require a safety zone in order to ensure safety 
of the marine parade participants and the general public during the 
parades. The Coast Guard had insufficient time to publish an NPRM and 
to receive public comments prior to the issuance of this safety zone 
for these events. Any delay in the effective date of this rule would be 
contrary to the public interest as immediate action is needed to 
minimize potential danger to the general public.
    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 for reasons stated above.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish safety zones and other limited access areas: 33 U.S.C. 1231; 
46 U.S.C. Chapter 701, 46 U.S.C. 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 
1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    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 Final Rule

    Multiple marine parades are planned for the holiday season 
throughout the Captain of the Port Miami Zone. The Coast Guard is 
establishing two safety zones for marine parades during the month of 
December, 2013 within the navigable waters of the Captain of the Port 
Miami Zone. The safety zones are listed below.
    1. Palm Beach, Florida. On December 7, 2013, 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, Florida. The marine parade will 
consist of approximately 50 vessels. The marine parade will begin at 
Lake Worth Daymarker 28 in North Palm Beach and end at the Loxahatchee 
River Daymarker 7, east of the Glynn Mayo Highway Bridge in Jupiter, 
Florida. A special local regulation was previously promulgated at 33 
CFR 100.701; however, the route and date of the 2013

[[Page 75900]]

marine parade does not correspond with the route and 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 safety zone consists of a moving 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 safety zone will be provided prior to the marine parade by Local 
Notice to Mariners and Broadcast Notice to Mariners. The safety zone 
will be enforced from 4:30 p.m. until 9:30 p.m. on December 7, 2013.
    2. Miami, Florida. On December 14, 2013, 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 2013 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 2013 marine parade. The safety zone consists of a 
moving 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 safety zone will be provided prior to 
the marine parade by Local Notice to Mariners and Broadcast Notice to 
Mariners. The safety zone will be enforced from 6:00 p.m. until 11:30 
p.m. on December 14, 2013.
    Non-participant persons and vessels may request authorization to 
enter the safety zones 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 to enter, transit through, anchor in, 
or remain within the event 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. The Coast Guard will 
provide notice of the safety zones by Local Notice to Mariners, 
Broadcast Notice to Mariners, and on-scene designated representatives.

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) These 
safety zones will be enforced for less than 11 hours; (2) although non-
participant persons and vessels will not be able to enter, transit 
through, anchor in, or remain within the safety zones without 
authorization from the Captain of the Port Miami or a designated 
representative, they may operate in the surrounding areas during the 
enforcement period; (3) non-participant persons and vessels may still 
enter, transit through, anchor in, or remain within the event areas 
during the enforcement period if authorized by the Captain of the Port 
Miami or a designated representative; (4) the safety zones will move 
with the parade, and (5) the Coast Guard will provide advance 
notification of the safety zones 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 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 the safety zones 
during the respective enforcement period. 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

[[Page 75901]]

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 the creation of two safety zones. This 
rule is categorically excluded from further review under paragraph 
34(g) 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.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 46 U.S.C. 
3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Add a temporary Sec.  165.T07-0939 to read as follows:


Sec.  165.T07-0939  Safety Zone; 2013 Holiday Boat Parades, Captain of 
the Port Miami Zone; FL.

    (a) Regulated area. The following regulated areas are moving safety 
zones:
    (1) Palm Beach, Florida. All waters within a moving zone that will 
begin at Lake Worth Daymarker 28 in North Palm Beach and end at 
Loxahatchee River Daymarker 7, east of the Glynn Mayo Highway Bridge in 
Jupiter, Florida. The moving zone will include a buffer zone extending 
50 yards ahead of the lead parade vessel, 50 yards astern of the last 
participating vessel, and 50 yards on either side of the parade 
participants. The safety zone will be enforced from 4:30 p.m. until 
9:30 p.m. on December 7, 2013.
    (2) 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. The moving zone will include a buffer zone 
extending to 50 yards ahead of the lead vessel, 50 yards astern of the 
last participating vessel, and 50 yards on either side of the parade 
participants. The safety zone will be enforced from 6:00 p.m. until 
11:30 p.m. on December 14, 2013.
    (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) All non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the safety zones without authorization from the 
Captain of the Port Miami or a designated representative.
    (2) Non-participant persons and vessels desiring to enter, transit 
through, anchor in, or remain within the safety 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. If authorization to enter, 
transit through, anchor in, or remain within a safety zone 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 safety zones by 
Local Notice to Mariners, Broadcast Notice to Mariners and on-scene 
designated representatives.
    (d) Effective date. This rule is effective December 13, 2013], 
until 11:30 p.m. on December 14, 2013. For purposes of enforcement, 
actual notice will be used from from 4:30 p.m. on December 7, 2013, 
until December 13, 2013.


[[Page 75902]]


    Dated: November 21, 2013.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2013-29524 Filed 12-12-13; 8:45 am]
BILLING CODE 9110-04-P