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Special Local Regulations: Cingular Wireless Winterfest Boat Parade, Broward County, Fort Lauderdale, FL
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 10, 2001 (Volume 66, Number 237)]
[Rules and Regulations]
[Page 63624-63626]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de01-4]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07-01-120]
RIN 2115-AE46
Special Local Regulations: Cingular Wireless Winterfest Boat
Parade, Broward County, Fort Lauderdale, FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Temporary special local regulations are being established for
the Cingular Wireless Winterfest Boat Parade. The event will be held on
December 15, 2001, on the waters of the Port Everglades turning basin
and the Intracoastal Waterway (ICW) from Dania Sound Light 35 to
Pompano Beach Day Beacon 74. This rule creates 3 regulated areas around
a staging area, parade route and viewing area. These regulations are
needed to provide for the safety of life on navigable waters during the
event.
DATES: These regulations are effective from 5 p.m. on December 15, 2001
until 11 p.m. on December 15, 2001.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD07-01-120 and are available for
inspection or copying at Coast Guard Group Miami, 100 MacArthur
Causeway, Miami Beach, Florida, 33139 between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: BMC Sorensen, Coast Guard Group Miami,
Florida at (305) 535-4317.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM. Publishing a NPRM and delaying
the effective date of this rule would be contrary to public safety
interests since immediate action is needed to minimize potential danger
to the public because there will be numerous spectator craft in the
area. Publishing a NPRM is also unnecessary because the temporary rule
will only be in effect for 6 hours and this is an annual event that has
been well publicized to the local community.
For the same reasons, 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.
Background and Purpose
The Cingular Wireless Winterfest Boat Parade is a nighttime parade
of approximately 110 pleasure boats ranging in length from 20 feet to
200 feet decorated with holiday lights. Approximately 1500 spectator
craft are anticipated to view the parade. The parade will form in the
staging area at the Port Everglades turning basin and south in the ICW
and the parade route will proceed north on the ICW to Lake Santa
Barbara where the parade will disband. This regulation creates
regulated areas for the staging area, viewing area, and parade route.
The staging area encompasses the entire Port Everglades turning basin,
south to Dania Sound Light 35 (LLNR 47575). The parade route
encompasses the Intracoastal Waterway from Dania Sound Light 35 (LLNR
47575) to Pompano Beach day beacon 74 (LLNR 47230). The viewing area
covers the west side of the ICW from the Sunrise Boulevard Bridge
(26 deg. 08.281'N, 080 deg. 06.482'W) south to the New River Sound
Light 3 (LLNR 47240).
Non-participant vessels are not allowed to enter or anchor in the
staging area. Further, no vessel is allowed to anchor in the vicinity
of the shore side viewing area that covers the west side of the ICW
between the Sunrise Boulevard Bridge (26 deg. 08.281'N, 080 deg.
06.482'W and the New River Sound Light 3 (LLNR 47240). During the
parade transit, these regulations prohibit non-participant vessels from
approaching within 175 yards ahead of the lead vessel or 175 yards
astern of the last participant vessel in the parade, and within 15
yards on either side of the outboard parade vessels, unless authorized
by the Coast Guard Patrol Commander. The event sponsor will have
approximately 20 watercraft to guide mariners around the regulated
areas.
The staging area of this special local regulation will overlap the
two existing temporary fixed security zones in Port Everglades [COTP
MIAMI-01-116 and COTP MIAMI-01-122]. These temporary fixed security
zones are activated when a high capacity passenger vessel or a vessel
carrying cargoes of particular hazard as defined in Title 33, Code of
Federal Regulations part 126, enter or moor within the respective zone.
These temporary fixed security zones prohibit vessels from entering the
security zones without the permission of the Captain of the Port of
Miami.
The first temporary fixed security zone [COTP MIAMI-01-116]
encompasses all waters west of an imaginary line starting with the
northern most point 26 deg. 05.98'N, 080 deg. 07.15'W, near the west
side of the 17th Street Bridge, to the southern most point at 26 deg.
05.41'N, 080 deg. 06.97'W on the tip of the pier near Burt and Jacks
Restaurant. The Coast Guard anticipates a cruise ship being moored
within this zone; thus this security zone will be activated and no
vessels will be permitted to enter the zone without the permission of
the Miami Captain of the Port or his designated representative.
The second temporary fixed security zone [COTP MIAMI-01-122]
encompasses the waters of the ICW between a line connecting a point at
26 deg. 05.41'N, 080 deg. 06.97'W on the northern tip of Port
Everglades berth 22 near Burt and Jacks Restaurant and a point directly
east across the Intracoastal Waterway (ICW) at 26 deg. 05.41'N,
080 deg. 06.74'W; and a line drawn from the corner of Port Everglades
berth 29 at point 26 deg. 04.72'N, 080 deg. 06.92'W, easterly across
the ICW to John U. Lloyd Beach, State Recreational Area at point
26 deg. 04.72'N, 080 deg. 06.81'W. The Coast Guard anticipates that a
cruise ship will be moored in this second temporary fixed security
zone, so no person or vessel may enter the security zone without the
permission of the Captain of the Port or his designated representative.
This second zone overlaps the parade staging area but the Coast Guard
anticipates allowing persons to transit the east side of the ICW
enroute to the parade staging area (with the cruise ship moored on the
west side near terminal 24), while this second temporary security zone
is activated. The Coast Guard anticipates further that the cruise ship
moored at berth 24 will depart the Port sometime during the parade
formation and as a result this security zone will be deactivated after
the cruise ship departs.
The regulated area created by this special local regulation will
continue to
[[Page 63625]]
be enforced if either security zone above is deactivated. The security
zones and special local regulation allow the Coast Guard and local law
enforcement maximum flexibility to ensure the safety of the entire Port
and those within the Port area. The Coast Guard anticipates no ship
arrivals during the timeframe of this special local regulation.
However, a ship may unexpectedly require transit into port,
necessitating on-scene changes. All on-scene changes will be announced
on VHF-FM Channels 13 and 16.
Discussion of Rule
The Coast Guard is establishing 3 regulated areas under this
regulation, a staging area, a viewing area, and a parade route. The
staging area encompasses all the waters within the Port Everglades
turning basin and that portion of the Intracoastal Waterway (ICW)
extending from Port Everglades turning basin to Dania Sound Light 35
(LLNR 47575). The viewing area covers the west side of the Intracoastal
Waterway from the Sunrise Boulevard Bridge (26 deg. 08.281'N, 080 deg.
06.482'W) south to the New River Sound Light 3 (LLNR 47240). The parade
route includes the Intracoastal Waterway from Dania Sound Light 35
(LLNR 47575) to Pompano Beach Daybeacon 74 (LLNR 47230).
All non-participant persons and vessels are prohibited from
entering or anchoring in the staging area and all vessels are
prohibited from anchoring in the viewing area, unless authorized by the
Patrol Commander. During the parade transit along the parade route,
non-participant vessels are prohibited from approaching within 175
yards ahead of the lead vessel or 175 yards astern of the last
participant vessel in the parade, and within 15 yards on either side of
the outboard parade vessels. The Coast Guard Patrol Commander may allow
vessels to enter the staging area when the last participant vessel has
cleared the staging area. The Coast Guard Patrol Commander will notify
the public via Marine Safety Radio Broadcast on VHF Marine Band Radio,
Channel 16 (157.1 MHz) if vessels are authorized to enter the staging
area.
Regulatory Evaluation
This proposal is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order. It is not ``significant'' under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040, February 26, 1979) because the rule will only be in effect
for 6 hours and vessels will still be allowed to transit the regulated
areas with the permission of the Coast Guard Patrol Commander.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule would have a significant economic
effect upon a substantial number of small entities. ``Small entities''
include small business, 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.
This rule may affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
or anchor in the Port Everglades turning basin and portions of the
Intracoastal Waterway. 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 because the rule will only be in
effect for 6 hours and vessels will still be allowed to transit the
regulated areas with the permission of the Coast Guard Patrol
Commander.
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 may better evaluate its
effects on them and participate in the rulemaking process. Small
entities may contact the person listed under FOR FURTHER INFORMATION
CONTACT for assistance in understanding and participating in this
rulemaking. We also have a point of contact for commenting on actions
by employees of the Coast Guard. 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).
Collection of Information
This rule calls for no new collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct 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 Mandate 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 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.
[[Page 63626]]
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
The Coast Guard has considered the environmental impact of this
action and has determined pursuant to Figure 2-1, paragraph 34(h) of
Commandant Instruction M16475.1D, that this action is categorically
excluded from further environmental documentation.
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 to 1236; 49 CFR 1.46; 33 CFR 100.35.
2. A new temporary Sec. 100.35T-07-120 is added to read as follows:
Sec. 100.35T-07-120 Cingular Wireless Winterfest Boat Parade, Broward
County, Fort Lauderdale, FL.
(a) Definitions.
(1) Staging area. The staging area includes all waters within the
Port Everglades turning basin, west of a line drawn from the 17th
Street Causeway Bridge (26 deg. 06.044'N, 080 deg. 07.089'W) south
along the northeast shore of the turning basin, east through Bar Cut to
Light 6 (LLNR 10340), south across Bar Cut to Light 7 (LLNR 10345),
then southwest along the southeast shore of the turning basin to
Daybeacon 1 (LLNR 10375) at Coast Guard Station Fort Lauderdale. The
staging area also includes that portion of the Intracoastal Waterway
from Port Everglades Turning Basin south to Dania Sound Light 35 (LLNR
47575).
(2) Parade route. The parade route includes the Intracoastal
Waterway (ICW) from Dania Sound Light 35 (LLNR 47575) to Pompano Beach
Daybeacon 74 (LLNR 47230).
(3) Viewing area. The viewing area covers the west side of the
Intracoastal Waterway from the Sunrise Boulevard Bridge (26 deg.
08.281'N, 080 deg. 06.482'W) south to the New River Sound Light 3 (LLNR
47240).
(4) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by the Commander, Coast Guard Group Miami, Florida and
is also the designated representative of the Captain of the Port of
Miami for purposes of enforcing security zones in Port Everglades
during this event.
(b) Special Local Regulations.
(1) Staging area. Entry or anchoring in the staging area by
nonparticipating vessels is prohibited, unless authorized by the Patrol
Commander. The Coast Guard Patrol Commander may allow vessels to enter
the staging area when the last participant vessel has departed the
staging area. The Coast Guard Patrol Commander will notify the public
via Marine Safety Radio Broadcast on VHF Marine Band Radio, Channel 16
(157.1 MHz) if vessels are allowed to enter the staging area.
(2) Parade route. During the parade transit, non-participant
vessels are prohibited from approaching within 175 yards ahead of the
lead vessel or 175 yards astern of the last participating vessel in the
parade, and within 15 yards on either side of the outboard parade
vessels, unless authorized by the Coast Guard Patrol Commander.
(3) Viewing Area. Vessels are prohibited from anchoring in the
viewing area.
(4) Miscellaneous. A succession of not fewer that 5 short whistle
or horn blasts from a patrol vessel will be the signal for any and all
vessels to stop immediately. At the discretion of the Coast Guard
Patrol Commander, all vessels may resume normal operations after the
passage of the parade participants.
(c) Dates. This section becomes effective at 5 p.m. on December 15,
2001 and terminates at 11 p.m. on December 15, 2001.
Dated: December 1, 2001.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 01-30477 Filed 12-7-01; 8:45 am]
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