[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
Federal Register
________________________________________________________________________
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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.
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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