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Special Local Regulations; 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 16, 2002 (Volume 67, Number 241)]
[Rules and Regulations]
[Page 76986-76988]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de02-5]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07-02-122]
RIN 2115-AE46
Special Local Regulations; Winterfest Boat Parade, Broward
County, Fort Lauderdale, FL
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing special local regulations for
the annual Winterfest Boat Parade held on the first Saturday falling
between December 13 and 19, inclusive, each year in Fort Lauderdale,
Florida. This rule creates four separate regulated areas and restricts
operations of non-participant vessels in the regulated areas. These
regulations are to provide for the safety of life on navigable waters
during the event.
DATES: This rule is effective from 4 p.m. until 11 p.m. annually, on
the first Saturday falling between December 13 and 19, inclusive.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of [CGD07-02-122]
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 or BM1 Vaughn, Coast
Guard Group Miami, Florida at (305) 535-4317.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On October 31, 2002, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations; Winterfest Boat Parade,
Borward County, Fort Lauderdale, FL'' in the Federal Register (67 FR
66349). We did not receive any letters commenting on the proposed rule.
No public hearing was requested, and none was held.
Background and Purpose
The Winterfest Boat Parade is a nighttime parade of approximately
110
[[Page 76987]]
pleasure boats ranging in length from 20 feet to 200 feet decorated
with holiday lights. Approximately 1500 spectator craft typically view
the parade. The parade will form in the staging area at the Port
Everglades turning basin and on a portion of the Intracoastal Waterway
(ICW) south of the turning basin and will proceed north on the ICW to
Lake Santa Barbara where the parade will disband.
These regulations create regulated areas for the staging area,
judging area, viewing area, and parade route. Non-participant vessels
are prohibited from entering or anchoring in the staging area. Further,
no vessel is allowed to enter or anchor in the viewing and judging
areas. During the parade transit, these regulations prohibit non-
participant vessels from approaching within 175 yards ahead of the lead
vessel and 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 watercraft in the area to guide mariners around
the regulated areas.
The staging area of this regulation overlaps with existing security
zones published in 33 CFR Part 165 by the Coast Guard Captain of the
Port of Miami. These security zones are activated when passenger
vessels, vessels carrying cargoes of particular hazard, or vessels
carrying liquified hazardous gas as defined in 33 CFR parts 120, 126,
and 127 respectively, enter or moor in Port Everglades. These security
zones remain in effect during this event and no person or vessel may
enter the security zones without the permission of the Coast Guard
Patrol Commander.
Discussion of Comments and Changes
The Coast Guard received no comments on the proposed rule and is
adopting it in whole.
Regulatory Evaluation
This rule 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 this rule is only in effect for 7 hours each year and the
Coast Guard Patrol Commander may allow vessels to enter portions of the
regulated areas on a case-by-case basis.
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. The term ``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 regulated areas during the Winterfest Boat Parade. 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 this rule is only in effect for 7 hours each year and
the Coast Guard Patrol Commander may allow vessels to enter portions of
the regulated areas on a case-by-case basis.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
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. Although this rule will not result in such 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.
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''
[[Page 76988]]
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; 49 CFR 1.46.
2. Add Sec. 100.735 to read as follows:
Sec. 100.735 Winterfest Boat Parade, Broward County, Fort Lauderdale,
Florida
(a) Regulated areas. (1) Staging area. The staging area consists of
all waters of the Port Everglades turning basin, including the North
and South extensions, all waters of the Bar Cut west of a line from
position 26[deg]05.668' N, 080[deg]06.491' W, to position
26[deg]05.557' N, 080[deg]06.491' W, and all waters of the ICW, bank to
bank, from Dania Sound Light 35 (LLNR 47575) to the Port Everglades
turning basin.
(2) Parade route. The parade route consists of the Intracoastal
Waterway (ICW), bank to bank, from a line drawn across the ICW at the
17th Street Causeway Bridge between position 26[deg]06.098' N,
080[deg]07.179' W and position 26[deg]06.092' N, 080[deg]07.085' W, to
Pompano Beach Daybeacon 74 (LLNR 47230).
(3) Viewing area. The viewing area consists of all waters of the
ICW east of the centerline of the charted channel from the Sunrise
Boulevard Bridge (26[deg]08.281' N, 080[deg]06.482' W) past Hugh Taylor
Birch State Park to position 26[deg]09.0' N, 080[deg]06.3' W at the
north end of Hugh Taylor Birch State Park.
(4) Judging area. The judging area consists of an area of the ICW,
bank to bank, from a point on the northwest side of the 17th Street
Causeway Bridge in position 26[deg]06.098' N, 080[deg]07.179' W, north
to position 26[deg]06.131' N, 080[deg]07.19' W, then east to position
26[deg]06.131' N, 080[deg]07.10' W, then back south to position
26[deg]06.092' N, 080[deg]07.085' W at the northeast side of the 17th
Street Causeway Bridge.
(b) Special local regulations. (1) Staging area. Non-participant
vessels are prohibited from entering or anchoring in the staging area,
unless authorized by the Coast Guard 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. 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 and 175 yards astern of the last participating vessel in
the parade, and within 15 yards either side of the parade unless
authorized by the Coast Guard Patrol Commander.
(3) Viewing and judging areas. Vessels are prohibited from entering
or anchoring in the viewing and judging areas unless authorized by the
Coast Guard Patrol Commander.
(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.
(c) Dates. This section is effective from 4 p.m. until 11 p.m.
annually, on the first Saturday falling between December 13 and 19,
inclusive.
Dated: December 6, 2002.
F.M. Rosa,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 02-31601 Filed 12-13-02; 8:45 am]
BILLING CODE 4910-15-P