[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Proposed Rules]
[Pages 66938-66942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27319]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2012-0898]
RIN 1625-AA08
Special Local Regulations; 2012 Holiday Boat Parades, Captain of
the Port Miami Zone; FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish five special local
regulations during the month of December when holiday boat parades 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: Comments and related material must be received by the Coast
Guard on or before November 15, 2012.
Requests for public meetings must be received by the Coast Guard on
or before November 15, 2012.
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 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. 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-2012-0898) 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,
[[Page 66939]]
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-2012-0898) 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
Previously, special local regulations regarding these maritime
parades have been published in the Code of Federal Regulations at 33
CFR 100.701. However, the events, dates, and locations of the events
described in this NPRM have changed sufficiently as to render the
respective special local regulations set forth in 33 CFR 100.701
inapplicable.
The proposed special local regulations are not new in their
entirety, but merely represent changes in the events that necessitate a
revision to the special local regulations at 33 CFR 100.701 to more
accurately reflect the anticipated details of the respective marine
parades.
Section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)) 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 being able to facilitate a full 30 day comment
period with respect to this rule because the Coast Guard did not
receive necessary information regarding the changes to the events until
October 22, 2012. As a result, the Coast Guard did not have sufficient
time to both publish an NPRM and to maintain a 30 day comment period
prior to the events. There is sufficient time to allow for some amount
of comment period which the Coast Guard is facilitating. A full 30 day
comment period would result in a delay in the effective date of this
rule and such a delay would be contrary to the public interest because
immediate action is needed to minimize potential danger to
participants, vessels, spectators, and the public.
C. 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.
D. Discussion of Proposed Rule
Multiple marine parades are planned for the 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 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 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 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
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 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
[[Page 66940]]
special local regulation set forth in 33 CFR 100.701 is inapplicable
for this year's marine parade. 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 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 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
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 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 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.
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) 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
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. 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 special local regulations 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.
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
[[Page 66941]]
CONTACT, 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 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 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.
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 amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Add a 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 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
[[Page 66942]]
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) Enforcement dates. The enforcement dates for all of these rules
fall between 12:01 a.m. on December 1, 2012 and 11:30 p.m. on December
31, 2012.
Dated: October 28, 2012.
C. P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-27319 Filed 11-7-12; 8:45 am]
BILLING CODE 9110-04-P