[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Rules and Regulations]
[Pages 70644-70647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29398]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-1011]
RIN 1625-AA08
Special Local Regulations; Seminole Hard Rock Winterfest Boat
Parade, New River and Intracoastal Waterway, Fort Lauderdale, 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 New River and the Intracoastal Waterway in Fort
Lauderdale, Florida during the Seminole Hard Rock Winterfest Boat
Parade on Saturday, December 10, 2011. The marine parade will consist
of approximately 120 vessels. The marine parade will begin at Cooley's
Landing Marina and end at Lake Santa Barbara. From Cooley's Landing
Marina, the marine parade will transit east on the New River, then head
north on the Intracoastal Waterway to Lake Santa Barbara. These special
local regulations are necessary to provide for the safety of life on
navigable waters during the marine parade. The special local
regulations consist of a series of moving buffer zones around
participant vessels as they transit from Cooley's Landing Marina to
Lake Santa Barbara. 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 2:30 p.m. until 11:30 p.m. on
December 10, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2011-1011 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-1011 in the
``Keyword'' box, and then clicking ``Search.'' This material is 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 the Seminole Hard Rock Winterfest Boat
Parade with sufficient time to publish an NPRM and to receive public
comments prior to the
[[Page 70645]]
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.
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 the
navigable waters during the Seminole Hard Rock Winterfest Boat Parade.
Discussion of Rule
On December 10, 2011, 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. The marine parade 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. Although this event
occurs annually, and special local regulations have been promulgated in
the Code of Federal Regulations at 33 CFR 100.701, these regulations do
not provide for special local regulations in the New River, nor do they
provide sufficient detail regarding the special local regulations that
will be enforced during the marine parade. Therefore, the special local
regulations set forth in 33 CFR 100.701 are inapplicable for this
year's Seminole Hard Rock Winterfest Boat Parade.
The special local regulations consist of a series of buffer zones
around vessels participating in the Seminole Hard Rock Winterfest 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 2:30 p.m. until
11:30 p.m. on December 10, 2011. Persons and vessels are prohibited
from entering, transiting 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, Regulatory Planning and Review, and 12866,
Improving Regulation and Regulatory 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 nine hours; (2) although persons and vessel 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
New River and the Intracoastal Waterway encompassed within the special
local regulations from 2:30 p.m. until 11:30 p.m. on December 10, 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
[[Page 70646]]
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.
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. 100.35T07-1011 to read as follows:
Sec. 100.35T07-1011 Special Local Regulations; Seminole Hard Rock
Winterfest Boat Parade, New River and Intracoastal Waterway, Fort
Lauderdale, FL.
(a) Regulated Areas. The following buffer zones are regulated areas
during the Seminole Hard Rock Winterfest Boat Parade:
(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.
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 Cooley's Landing Marina and end at Lake Santa Barbara.
From Cooley's Landing Marina, the marine parade will transit east on
the New River, then head north on the Intracoastal Waterway to Lake
Santa Barbara.
(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
[[Page 70647]]
Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(c) Enforcement Date. This rule will be enforced from 2:30 p.m.
until 11:30 p.m. on December 10, 2011.
Dated: October 27, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2011-29398 Filed 11-14-11; 8:45 am]
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