[Federal Register Volume 79, Number 208 (Tuesday, October 28, 2014)]
[Proposed Rules]
[Pages 64154-64157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25614]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0812]
RIN 1625-AA08


Special Local Regulation; Seminole Hard Rock Winterfest Boat 
Parade, Fort Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a special local 
regulation during the Seminole Hard Rock Winterfest Boat Parade 
scheduled to occur on December 13, 2014, between the hours of 2 p.m. 
and 11:30 p.m. on

[[Page 64155]]

the waters of the New River and Intracoastal Waterway in Fort 
Lauderdale, Florida. This special local regulation is necessary to 
protect the public from hazards associated with the boat parade. The 
special local regulation will consist of a moving zone around 
participant vessels as the parade transits the navigable waters of the 
United States during the event. Persons and vessels that are not 
participating in the boat parade are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
area unless authorized by the Captain of the Port Miami or a designated 
representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 28, 2014. Requests for public meetings must 
be received by the Coast Guard on or before November 28, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer John K. Jennings, Sector Miami Prevention 
Department, Coast Guard; telephone (305) 535-4317, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0812) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0812) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Coast Guard proposes to establish a Special Local Regulation on 
the New River and Intracoastal Waterway in Fort Lauderdale, Florida 
during the Seminole Hard Rock Winterfest Boat Parade. The parade is 
scheduled to take place from 2 p.m. to 11:30 p.m. on December 13, 2014. 
This proposed rule is necessary to protect the safety of parade 
participants, participant vessels, spectators, and the general public 
on the navigable waters of the United States during the event.

C. 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 provide for the safety of life on the 
navigable waters of the United States during the boat parade.

D. Discussion of Proposed Rule

    On December 13, 2014, Winterfest, Inc. will be hosting the Seminole 
Hard Rock Winterfest Boat Parade on the New River and the Intracoastal 
Waterway in Fort Lauderdale, Florida. The boat parade will consist of 
approximately 120 vessels, which 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.
    The proposed 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

[[Page 64156]]

vessel, and 50 yards on either side of the parade participant vessels. 
Notice of the special local regulation will be provided prior to the 
boat parade by Local Notice to Mariners and Broadcast Notice to 
Mariners. This special local regulation will be enforced from 2 p.m. 
until 11:30 p.m. on December 13, 2014.
    Persons and vessels may request authorization to enter the special 
local regulation areas by contacting 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 special local 
regulation 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.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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 proposed rule is not significant for the following reasons: (1) 
This special local regulation will be enforced for nine and one half 
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; and (4) the Coast 
Guard will provide advance notification of the special local regulation 
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 
proposed 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 any of the regulated areas 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. 
If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and

[[Page 64157]]

Coordination with Indian Tribal Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination 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 proposed rule 
involves the creation of a special local regulation issued in 
conjunction with a regatta or marine parade. This rule is categorically 
excluded from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. Preliminary environmental analysis checklists 
supporting this 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 
proposed 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 proposes 
to amend 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 a temporary Sec.  100.35T07-0812 to read as follows:


Sec.  100.35T07-0812  Special Local Regulation; Seminole Hard Rock 
Winterfest Boat Parade, Fort Lauderdale, FL.

    (a) Regulated area. The following moving zone is a regulated area. 
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 area 
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 
entire parade. This special local regulation will be enforced from 2 
p.m. until 11:30 p.m. on December 13, 2014.
    (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) Non-participant persons and vessels are 
prohibited from entering the moving zone. Non-participant persons and 
vessels may request authorization to enter, transit through, anchor in, 
or remain within the regulated areas 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 special local 
regulation by Local Notice to Mariners, Broadcast Notice to Mariners, 
and on-scene designated representatives.
    (d) Enforcement times. This rule will be enforced from 2 p.m. until 
11:30 p.m. on December 13, 2014.

    Dated: October 15, 2014.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2014-25614 Filed 10-27-14; 8:45 am]
BILLING CODE 9110-04-P