Special Local Regulations; 2012 Holiday Boat Parades, Captain of the Port Miami Zone; FL, 66938-66942 [2012-27319]

Download as PDF 66938 Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Proposed Rules DEPARTMENT OF THE TREASURY DEPARTMENT OF HOMELAND SECURITY Internal Revenue Service Coast Guard 26 CFR Part 1 33 CFR Part 100 [REG–136491–09] [Docket Number USCG–2012–0898] RIN 1545–BI91 RIN 1625–AA08 Utility Allowances Submetering; Hearing Cancellation Special Local Regulations; 2012 Holiday Boat Parades, Captain of the Port Miami Zone; FL Internal Revenue Service (IRS), Treasury. AGENCY: AGENCY: Cancellation of notice of public hearing on proposed rulemaking. ACTION: This document cancels a public hearing on proposed regulations under section 42 of the Internal Revenue Code; relating to the utility allowance regulations. SUMMARY: The public hearing originally scheduled for November 27, 2012 at 10 a.m. is cancelled. DATES: FOR FURTHER INFORMATION CONTACT: Oluwafunmilayo Taylor of the Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration) at (202) 622–7180 (not a toll-free number). A notice of proposed rulemaking and a notice of public hearing that appeared in the Federal Register on August 7, 2012 (77 FR 46987) announced that a public hearing was scheduled for November 27, 2012, at 10 a.m. in the IRS Auditorium, Internal Revenue Building, 1111 Constitution Avenue NW., Washington, DC. The subject of the public hearing is under section 42 of the Internal Revenue Code. The public comment period for these regulations expired on October 9, 2012. The notice of proposed rulemaking and notice of public hearing instructed those interested in testifying at the public hearing to submit a request to speak and an outline of the topics to be addressed. As of Friday, November 2, 2012, no one has requested to speak. Therefore, the public hearing scheduled for November 27, 2012, is cancelled. emcdonald on DSK67QTVN1PROD with PROPOSALS SUPPLEMENTARY INFORMATION: LaNita VanDyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, Procedure and Administration. [FR Doc. 2012–27333 Filed 11–7–12; 8:45 am] BILLING CODE 4830–01–P VerDate Mar<15>2010 14:31 Nov 07, 2012 Jkt 229001 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 Mike.H.Wu@uscg.mil. 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: FOR FURTHER INFORMATION CONTACT: Table of Acronyms Coast Guard, DHS. ACTION: Notice of proposed rulemaking. DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking 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. 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. SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 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 81⁄2 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, E:\FR\FM\08NOP1.SGM 08NOP1 Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Proposed Rules 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. emcdonald on DSK67QTVN1PROD with PROPOSALS 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. VerDate Mar<15>2010 14:31 Nov 07, 2012 Jkt 229001 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 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 66939 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 E:\FR\FM\08NOP1.SGM 08NOP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 66940 Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Proposed Rules 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 VerDate Mar<15>2010 14:31 Nov 07, 2012 Jkt 229001 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 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 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) nonparticipant 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 E:\FR\FM\08NOP1.SGM 08NOP1 Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Proposed Rules 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. 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. 6. Protest Activities 12. Energy Effects 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. This proposed rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 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. emcdonald on DSK67QTVN1PROD with PROPOSALS 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. VerDate Mar<15>2010 14:31 Nov 07, 2012 Jkt 229001 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. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 66941 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 § 100.35T07–0898 to read as follows: § 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 E:\FR\FM\08NOP1.SGM 08NOP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 66942 Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Proposed Rules 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. VerDate Mar<15>2010 14:31 Nov 07, 2012 Jkt 229001 Dated: October 28, 2012. C. P. Scraba, Captain, U.S. Coast Guard, Captain of the Port Miami. Coast Guard If you have questions on this rule, call or email Lieutenant Commander (LCDR) Brandon Sullivan, Sector New Orleans, U.S. Coast Guard; telephone (504) 365– 2280, email Brandon.J.Sullivan@uscg.mil. 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: 33 CFR Part 110 Table of Acronyms [Docket No. USCG–2012–0103] DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking [FR Doc. 2012–27319 Filed 11–7–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY RIN 1625–AA01 Anchorages; Lower Mississippi River, Above Head of Passes, Convent, LA and Point Pleasant, LA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish two anchorage areas on the Lower Mississippi River, above the Head of Passes (AHP). The first would be located at the Belmont Light extending from Mile Marker (MM) 152.9 to 154 on the Left Descending Bank (LDB) of the river, the second at Bayou Goula, extending from MM 197.7 to 198.7 on the Right Descending Bank (RDB) of the river. These proposed anchorages would double the available anchorage area in these sections of the river, which is necessary to help accommodate increased vessel volume and improve navigational safety for vessels transiting these river sections. DATES: Comments and related material must be received by the Coast Guard on or before December 10, 2012. ADDRESSES: You may submit comments identified by docket number USCG– 2012–0103 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 instructions on submitting comments. To avoid duplication, please use only one of these three methods. SUMMARY: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 FOR FURTHER INFORMATION CONTACT: 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 (USCG–2012–0103), 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 via www.regulations.gov, 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–2012–0103) 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 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit E:\FR\FM\08NOP1.SGM 08NOP1

Agencies

[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Proposed Rules]
[Pages 66938-66942]
From the Federal Register Online via the Government Printing 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 
Mike.H.Wu@uscg.mil. 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