Special Local Regulations; 2012 Holiday Boat Parades, Captain of the Port Miami Zone; FL, 70681-70684 [2012-28696]
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70681
Rules and Regulations
Federal Register
Vol. 77, No. 228
Tuesday, November 27, 2012
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–20l2–0898]
RIN 1625–AA08
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade Mike H.
Wu, Sector Miami Prevention
Department, Coast Guard; telephone
(305) 535–7576, email
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:
Special Local Regulations; 2012
Holiday Boat Parades, Captain of the
Port Miami Zone; FL
Table of Acronyms
Coast Guard, DHS.
ACTION: Temporary final rule.
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
AGENCY:
The Coast Guard is
establishing five special local
regulations during the month of
December for holiday boat parades
which are scheduled to occur on the
navigable waterways in vicinities of Fort
Lauderdale, Pompano Beach, Palm
Beach, Boynton Beach, Delray Beach,
and Miami, Florida. These special local
regulations are necessary to protect the
public from the hazards associated with
marine parades. The special local
regulations consist of a series of moving
zones, to include buffer areas, around
participant vessels as they transit the
navigable waters of the United States
during these events. Persons and vessels
that are not participating in the marine
parade are prohibited from entering,
transiting through, anchoring in, or
remaining within any of the regulated
areas unless authorized by the Captain
of the Port Miami or a designated
representative.
DATES: This rule is effective from 12:01
a.m. on December 1, 2012 until 11:30
p.m. on December 31, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–0898. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
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SUMMARY:
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A. Regulatory History and Information
On November 8, 2012, the Coast
Guard published a Notice of Proposed
Rulemaking (NPRM) entitled USCG–
2012–0898 in the Federal Register (77
FR 2012–66938). No comments on the
proposed rule were received. No Public
meeting was requested, and none was
held.
B. Basis and Purpose
(a) The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233.
(b) The purpose of the rule is to
provide for the safety of life on the
navigable waters during the holiday
boat parades in the Captain of the Port
Miami Zone.
C. Discussion of the Final Rule
The Coast Guard did not receive any
comments to the proposed rule, and no
changes were made to the regulatory
text.
Multiple marine parades are planned
for the 2012 holiday season throughout
the Captain of the Port Miami Zone. The
Coast Guard is establishing five special
local regulations for marine parades
during the month of December, 2012
within the navigable waters of the
Captain of the Port Miami Zone. The
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special local regulations are listed
below.
1. Fort Lauderdale, Florida. On
December 15, 2012, Winterfest, Inc. is
hosting the Seminole Hard Rock
Winterfest Boat Parade on the New
River and the Intracoastal Waterway in
Fort Lauderdale, Florida. The marine
parade will consist of approximately
120 vessels, and will begin at Cooley’s
Landing Marina and transit east on the
New River, then head north on the
Intracoastal Waterway to Lake Santa
Barbara. A special local regulation was
previously promulgated at 33 CFR
100.701, however, the promulgated
regulation does not extend the special
local regulation into the New River, nor
does it provide sufficient detail
regarding the regulation for the marine
parade. Therefore, the special local
regulation set forth in 33 CFR 100.701
is inapplicable for this year’s marine
parade. The special local regulation
consists of a moving zone that will
include a buffer zone extending 50
yards ahead of the lead parade vessel,
50 yards astern of the last participant
vessel, and 50 yards on either side of the
parade. Notice of the special local
regulation will be provided prior to the
marine parade by Local Notice to
Mariners and Broadcast Notice to
Mariners. This special local regulation
will be enforced from 2:30 p.m. until
11:30 p.m. on December 15, 2012.
2. Pompano Beach, Florida. On
December 9, 2012, Greater Pompano
Beach Chamber of Commerce is hosting
the Pompano Beach Holiday Boat
Parade on the Intracoastal Waterway in
Pompano Beach, Florida. The marine
parade will consist of approximately 50
vessels. The marine parade will begin at
Lake Santa Barbara and transit north on
the Intracoastal Waterway to the
Hillsboro Bridge. A special local
regulation was previously promulgated
at 33 CFR 100.701, however, the date of
the 2012 marine parade does not
correspond with the date published in
the Code of Federal Regulations.
Therefore, the special local regulation
set forth in 33 CFR 100.701 is
inapplicable for this year’s marine
parade. The special local regulation
consists of a moving zone that will
include a buffer zone extending 50
yards ahead of the lead parade vessel,
50 yards astern of the last participant
vessel, and 50 yards on either side of the
parade. Notice of the special local
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regulation will be provided prior to the
marine parade by Local Notice to
Mariners and Broadcast Notice to
Mariners. This special local regulation
will be enforced from 5:00 p.m. until
10:00 p.m. on December 9, 2012.
3. Palm Beach, Florida. On December
1, 2012, Marine Industries Association
of Palm Beach County is sponsoring the
Palm Beach Holiday Boat Parade. The
marine parade will be held on the
waters of the Intracoastal Waterway in
Palm Beach, FL. The marine parade will
consist of approximately 60 vessels. The
marine parade will begin at Lake Worth
Daymark 28 in North Palm Beach and
end at Loxahatchee River Daymark 7
east of the Glynn Mayo Highway Bridge
in Jupiter, FL. A special local regulation
was previously promulgated at 33 CFR
100.701, however, the route of the 2012
marine parade does not correspond with
the route published in the Code of
Federal Regulations. Therefore, the
special local regulation set forth in 33
CFR 100.701 is inapplicable for this
year’s marine parade. The special local
regulation consists of a moving zone
that will include a buffer zone
extending 50 yards ahead of the lead
parade vessel, 50 yards astern of the last
participant vessel, and 50 yards on
either side of the parade. Notice of the
special local regulation will be provided
prior to the marine parade by Local
Notice to Mariners and Broadcast Notice
to Mariners. The special local regulation
will be enforced from 5:30 p.m. until
8:30 p.m. on December 1, 2012.
4. Boynton Beach, Florida. On
December 7, 2012, Boynton Beach
Community Development Agency is
sponsoring the Boynton and Delray
Holiday Boat Parade. The marine parade
will be held on the waters of the
Intracoastal Waterway in Boynton
Beach, Florida. The marine parade will
consist of approximately 40 vessels. The
marine parade will begin at Boynton
Inlet and continue south until the C–15
Canal. A special local regulation was
previously promulgated at 33 CFR
100.701, however, the date of the 2012
marine parade does not correspond with
the date published in the Code of
Federal Regulations. Therefore, the
special local regulation set forth in 33
CFR 100.701 is inapplicable for this
year’s marine parade. The special local
regulation consists of a moving zone
that will include a buffer zone
extending 50 yards ahead of the lead
parade vessel, 50 yards astern of the last
participant vessel, and 50 yards on
either side of the parade. Notice of the
special local regulation will be provided
prior to the marine parade by Local
Notice to Mariners and Broadcast Notice
to Mariners. The special local regulation
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will be enforced from 6:00 p.m. until
8:00 p.m. on December 7, 2012.
5. Miami, Florida. On December 15,
2012, Miami Outboard Club is
sponsoring the Miami Outboard Holiday
Boat Parade. The marine parade will be
held on the waters of Biscayne Bay,
Miami, Florida and the Intracoastal
Waterway. The marine parade will
consist of approximately 70 vessels. The
marine parade will begin at the Miami
Outboard Club on Watson Island, head
west around Palm Island and Hibiscus
Island, head east between Di Lido
Island, south through Meloy Channel,
west through Government Cut to
Bicentennial Park, south to the Dodge
Island Bridge, south in the Intracoastal
Waterway to Claughton Island, circling
back to the north in the Intracoastal
Waterway to end at the Miami Outboard
Club. A special local regulation was
previously promulgated at 33 CFR
100.701, however, the date of the 2012
marine parade does not correspond with
the date published in the Code of
Federal Regulations. Therefore, the
special local regulation set forth in 33
CFR 100.701 is inapplicable for the 2012
marine parade. The special local
regulation consists of a moving zone
that will include a buffer zone
extending 50 yards ahead of the lead
parade vessel, 50 yards astern of the last
participant vessel, and 50 yards on
either side of the parade. Notice of the
special local regulation will be provided
prior to the marine parade by Local
Notice to Mariners and Broadcast Notice
to Mariners. The special local regulation
will be enforced from 7:00 p.m. until
11:00 p.m. on December 15, 2012.
Persons and vessels will be prohibited
from entering, transiting through,
anchoring, or remaining within the five
aforementioned moving zones unless
authorized by the Captain of the Port
Miami or a designated representative.
Persons and vessels desiring to enter,
transit through, anchor in, or remain
within any of the moving zones may
contact the Captain of the Port Miami by
telephone at 305–535–4472, or a
designated representative via VHF radio
on channel 16, to request authorization.
If authorization to enter, transit through,
anchor in, or remain within any of the
moving zones is granted by the Captain
of the Port Miami or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Miami or a
designated representative.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
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Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. The economic impact of this
rule is not significant for the following
reasons: (1) No single special local
regulation will be enforced in excess of
9 hours, and all five enforcement
periods combined will not exceed 23
hours; (2) non-participant persons and
vessels may enter, transit through,
anchor in, or remain within the
regulated areas during their respective
enforcement periods if authorized by
the Captain of the Port Miami or a
designated representative; (3) 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
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rule. The Coast Guard certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small
entities.
This rule may affect the following
entities, some of which may be small
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entities: the owners or operators of
vessels intending to enter, transit
through, anchor in, or remain within
any of the special local regulations
during the respective enforcement
periods. For the reasons discussed in
the Regulatory Planning and Review
section above, this rule will not have a
significant economic impact on a
substantial number of small entities.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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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
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7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves special
local regulations issued in conjunction
with marine parades. This rule is
categorically excluded from further
review under paragraph 34(h) and 35(b)
of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
F. List of Subjects in 33 CFR Part 100
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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.
11. Indian Tribal Governments
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
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message can be received without
jeopardizing the safety or security of
people, places or vessels.
70683
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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2. Add 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
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2:30 p.m. until 11:30 p.m. on December
15, 2012.
(2) Pompano Beach, Florida. All
waters within a moving zone that will
begin at Lake Santa Barbara and head
north on the Intracoastal Waterway to
end at the Hillsboro Bridge, which will
include a buffer zone extending 50
yards ahead of the lead parade vessel
and 50 yards astern of the last
participating vessel and 50 yards on
either side of the parade. This special
local regulation will be enforced from
5:00 p.m. until 10:00 p.m. on December
9, 2012.
(3) Palm Beach, Florida. All waters
within a moving zone that will begin at
Lake Worth Daymark 28 in North Palm
Beach and end at Loxahatchee River
Daymark 7 east of the Glynn Mayo
Highway Bridge in Jupiter, FL, which
will include a buffer zone extending 50
yards ahead of the lead parade vessel
and 50 yards astern of the last
participating vessel and 50 yards on
either side of the parade. The special
local regulation will be enforced from
5:30 p.m. until 8:30 p.m. on December
1, 2012.
(4) Boynton Beach, Florida. All waters
within a moving zone that will begin at
Boynton Inlet and end at the C–15
Canal, which will include a buffer zone
extending 50 yards ahead of the lead
parade vessel and 50 yards astern of the
last participating vessel and 50 yards on
either side of the parade. The special
local regulation will be enforced from
6:00 p.m. until 8:00 p.m. on December
7, 2012.
(5) Miami, Florida. All waters within
a moving zone that will transit as
follows: the marine parade will begin at
the Miami Outboard Club on Watson
Island, head west around Palm Island
and Hibiscus Island, head east between
Di Lido Island, south through Meloy
Channel, west through Government Cut
to Bicentennial Park, south to the Dodge
Island Bridge, south in the Intracoastal
Waterway to Claughton Island, circling
back to the north in the Intracoastal
Waterway to end at the Miami Outboard
Club. This will include a buffer zone
extending to 50 yards ahead of the lead
vessel and 50 yards astern of the last
participating vessel and 50 yards on
either side of the parade. The special
local regulation will be enforced from
7:00 p.m. until 11:00 p.m. on December
15, 2012.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
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Captain of the Port Miami in the
enforcement of the regulated area.
(c) Regulations. (1) Non-participant
persons and vessels are prohibited from
entering the moving zones, to include
the buffer zones. Non-participant
persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated area by contacting the Captain
of the Port Miami by telephone at 305–
535–4472, or a designated
representative via VHF radio on channel
16. If authorization is granted by the
Captain of the Port Miami or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Miami or a
designated representative.
(2) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners and on-scene designated
representatives.
(d) Effective date. This rule is
effective from 12:01 a.m. on December
1, 2012 until 11:30 p.m. on December
31, 2012.
between 6:00 a.m. until 9:00 a.m. on
December 1, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0904 and are available online by going
to www.regulations.gov, inserting
USCG–2012–0904 in the ‘‘Keyword’’
box, and then clicking ‘‘search.’’ They
are also available for inspection or
copying at the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, contact or email MST1 Joseph
McCollum, U.S. Coast Guard Sector
Lake Michigan, at 414–747–7148 or
Joseph.P.McCollum@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Dated: November 15, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
Table of Acronyms
[FR Doc. 2012–28696 Filed 11–26–12; 8:45 am]
A. Regulatory History and Information
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR PART 165
[Docket No. USCG–2012–0904]
RIN 1625–AA00
Safety Zone; Bridge Demolition
Project; Indiana Harbor Canal, East
Chicago, IN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Indiana Harbor Canal in East
Chicago, Indiana. This safety zone is
intended to restrict vessels from a
portion of the Indiana Harbor Canal due
to the demolition Project on the Cline
Avenue Bridge. This temporary safety
zone is necessary to protect the
surrounding public and vessels from the
hazards associated with the demolition
project.
DATES: This rule is effective from 6:00
a.m. until 9:00 a.m. on December 1,
2012. This rule will be enforced
SUMMARY:
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
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 publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The final details
for this event were not known to the
Coast Guard until there was insufficient
time remaining before the event to
publish an NPRM. Thus, delaying the
effective date of this rule to wait for a
comment period to run would be both
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect vessels
from the hazards associated with the
demolition project on the Cline Avenue
bridge, which are discussed further
below.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
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]]>Agencies
[Federal Register Volume 77, Number 228 (Tuesday, November 27, 2012)]
[Rules and Regulations]
[Pages 70681-70684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28696]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
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========================================================================
Federal Register / Vol. 77, No. 228 / Tuesday, November 27, 2012 /
Rules and Regulations
[[Page 70681]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-20l2-0898]
RIN 1625-AA08
Special Local Regulations; 2012 Holiday Boat Parades, Captain of
the Port Miami Zone; FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing five special local regulations
during the month of December for holiday boat parades which are
scheduled to occur on the navigable waterways in vicinities of Fort
Lauderdale, Pompano Beach, Palm Beach, Boynton Beach, Delray Beach, and
Miami, Florida. These special local regulations are necessary to
protect the public from the hazards associated with marine parades. The
special local regulations consist of a series of moving zones, to
include buffer areas, around participant vessels as they transit the
navigable waters of the United States during these events. Persons and
vessels that are not participating in the marine parade are prohibited
from entering, transiting through, anchoring in, or remaining within
any of the regulated areas unless authorized by the Captain of the Port
Miami or a designated representative.
DATES: This rule is effective from 12:01 a.m. on December 1, 2012 until
11:30 p.m. on December 31, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0898. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami
Prevention Department, Coast Guard; telephone (305) 535-7576, email
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. Regulatory History and Information
On November 8, 2012, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled USCG-2012-0898 in the Federal Register (77
FR 2012-66938). No comments on the proposed rule were received. No
Public meeting was requested, and none was held.
B. Basis and Purpose
(a) The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233.
(b) The purpose of the rule is to provide for the safety of life on
the navigable waters during the holiday boat parades in the Captain of
the Port Miami Zone.
C. Discussion of the Final Rule
The Coast Guard did not receive any comments to the proposed rule,
and no changes were made to the regulatory text.
Multiple marine parades are planned for the 2012 holiday season
throughout the Captain of the Port Miami Zone. The Coast Guard is
establishing five special local regulations for marine parades during
the month of December, 2012 within the navigable waters of the Captain
of the Port Miami Zone. The special local regulations are listed below.
1. Fort Lauderdale, Florida. On December 15, 2012, Winterfest, Inc.
is hosting the Seminole Hard Rock Winterfest Boat Parade on the New
River and the Intracoastal Waterway in Fort Lauderdale, Florida. The
marine parade will consist of approximately 120 vessels, and will begin
at Cooley's Landing Marina and transit east on the New River, then head
north on the Intracoastal Waterway to Lake Santa Barbara. A special
local regulation was previously promulgated at 33 CFR 100.701, however,
the promulgated regulation does not extend the special local regulation
into the New River, nor does it provide sufficient detail regarding the
regulation for the marine parade. Therefore, the special local
regulation set forth in 33 CFR 100.701 is inapplicable for this year's
marine parade. The special local regulation consists of a moving zone
that will include a buffer zone extending 50 yards ahead of the lead
parade vessel, 50 yards astern of the last participant vessel, and 50
yards on either side of the parade. Notice of the special local
regulation will be provided prior to the marine parade by Local Notice
to Mariners and Broadcast Notice to Mariners. This special local
regulation will be enforced from 2:30 p.m. until 11:30 p.m. on December
15, 2012.
2. Pompano Beach, Florida. On December 9, 2012, Greater Pompano
Beach Chamber of Commerce is hosting the Pompano Beach Holiday Boat
Parade on the Intracoastal Waterway in Pompano Beach, Florida. The
marine parade will consist of approximately 50 vessels. The marine
parade will begin at Lake Santa Barbara and transit north on the
Intracoastal Waterway to the Hillsboro Bridge. A special local
regulation was previously promulgated at 33 CFR 100.701, however, the
date of the 2012 marine parade does not correspond with the date
published in the Code of Federal Regulations. Therefore, the special
local regulation set forth in 33 CFR 100.701 is inapplicable for this
year's marine parade. The special local regulation consists of a moving
zone that will include a buffer zone extending 50 yards ahead of the
lead parade vessel, 50 yards astern of the last participant vessel, and
50 yards on either side of the parade. Notice of the special local
[[Page 70682]]
regulation will be provided prior to the marine parade by Local Notice
to Mariners and Broadcast Notice to Mariners. This special local
regulation will be enforced from 5:00 p.m. until 10:00 p.m. on December
9, 2012.
3. Palm Beach, Florida. On December 1, 2012, Marine Industries
Association of Palm Beach County is sponsoring the Palm Beach Holiday
Boat Parade. The marine parade will be held on the waters of the
Intracoastal Waterway in Palm Beach, FL. The marine parade will consist
of approximately 60 vessels. The marine parade will begin at Lake Worth
Daymark 28 in North Palm Beach and end at Loxahatchee River Daymark 7
east of the Glynn Mayo Highway Bridge in Jupiter, FL. A special local
regulation was previously promulgated at 33 CFR 100.701, however, the
route of the 2012 marine parade does not correspond with the route
published in the Code of Federal Regulations. Therefore, the special
local regulation set forth in 33 CFR 100.701 is inapplicable for this
year's marine parade. The special local regulation consists of a moving
zone that will include a buffer zone extending 50 yards ahead of the
lead parade vessel, 50 yards astern of the last participant vessel, and
50 yards on either side of the parade. Notice of the special local
regulation will be provided prior to the marine parade by Local Notice
to Mariners and Broadcast Notice to Mariners. The special local
regulation will be enforced from 5:30 p.m. until 8:30 p.m. on December
1, 2012.
4. Boynton Beach, Florida. On December 7, 2012, Boynton Beach
Community Development Agency is sponsoring the Boynton and Delray
Holiday Boat Parade. The marine parade will be held on the waters of
the Intracoastal Waterway in Boynton Beach, Florida. The marine parade
will consist of approximately 40 vessels. The marine parade will begin
at Boynton Inlet and continue south until the C-15 Canal. A special
local regulation was previously promulgated at 33 CFR 100.701, however,
the date of the 2012 marine parade does not correspond with the date
published in the Code of Federal Regulations. Therefore, the special
local regulation set forth in 33 CFR 100.701 is inapplicable for this
year's marine parade. The special local regulation consists of a moving
zone that will include a buffer zone extending 50 yards ahead of the
lead parade vessel, 50 yards astern of the last participant vessel, and
50 yards on either side of the parade. Notice of the special local
regulation will be provided prior to the marine parade by Local Notice
to Mariners and Broadcast Notice to Mariners. The special local
regulation will be enforced from 6:00 p.m. until 8:00 p.m. on December
7, 2012.
5. Miami, Florida. On December 15, 2012, Miami Outboard Club is
sponsoring the Miami Outboard Holiday Boat Parade. The marine parade
will be held on the waters of Biscayne Bay, Miami, Florida and the
Intracoastal Waterway. The marine parade will consist of approximately
70 vessels. The marine parade will begin at the Miami Outboard Club on
Watson Island, head west around Palm Island and Hibiscus Island, head
east between Di Lido Island, south through Meloy Channel, west through
Government Cut to Bicentennial Park, south to the Dodge Island Bridge,
south in the Intracoastal Waterway to Claughton Island, circling back
to the north in the Intracoastal Waterway to end at the Miami Outboard
Club. A special local regulation was previously promulgated at 33 CFR
100.701, however, the date of the 2012 marine parade does not
correspond with the date published in the Code of Federal Regulations.
Therefore, the special local regulation set forth in 33 CFR 100.701 is
inapplicable for the 2012 marine parade. The special local regulation
consists of a moving zone that will include a buffer zone extending 50
yards ahead of the lead parade vessel, 50 yards astern of the last
participant vessel, and 50 yards on either side of the parade. Notice
of the special local regulation will be provided prior to the marine
parade by Local Notice to Mariners and Broadcast Notice to Mariners.
The special local regulation will be enforced from 7:00 p.m. until
11:00 p.m. on December 15, 2012.
Persons and vessels will be prohibited from entering, transiting
through, anchoring, or remaining within the five aforementioned moving
zones unless authorized by the Captain of the Port Miami or a
designated representative. Persons and vessels desiring to enter,
transit through, anchor in, or remain within any of the moving zones
may contact the Captain of the Port Miami by telephone at 305-535-4472,
or a designated representative via VHF radio on channel 16, to request
authorization. If authorization to enter, transit through, anchor in,
or remain within any of the moving zones is granted by the Captain of
the Port Miami or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Miami or a designated representative.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this rule is not significant for the following reasons: (1) No single
special local regulation will be enforced in excess of 9 hours, and all
five enforcement periods combined will not exceed 23 hours; (2) non-
participant persons and vessels may enter, transit through, anchor in,
or remain within the regulated areas during their respective
enforcement periods if authorized by the Captain of the Port Miami or a
designated representative; (3) non-participant persons and vessels not
able to enter, transit through, anchor in, or remain within the
regulated areas without authorization from the Captain of the Port
Miami or a designated representative may operate in the surrounding
areas during the respective enforcement periods; (4) the moving zones
will travel with the marine parades, allowing the enforcement areas to
resume normal traffic patterns in a timely manner; and (5) the Coast
Guard will provide advance notification of the special local
regulations to the local maritime community by Local Notice to Mariners
and Broadcast Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
This rule may affect the following entities, some of which may be
small
[[Page 70683]]
entities: the owners or operators of vessels intending to enter,
transit through, anchor in, or remain within any of the special local
regulations during the respective enforcement periods. For the reasons
discussed in the Regulatory Planning and Review section above, this
rule will not have a significant economic impact on a substantial
number of small entities.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves special local regulations issued in
conjunction with marine parades. This rule is categorically excluded
from further review under paragraph 34(h) and 35(b) of Figure 2-1 of
the Commandant Instruction. An environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are available in the docket where indicated under ADDRESSES. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
F. List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add temporary Sec. 100.35T07-0898 to read as follows:
Sec. 100.35T07-0898 Special Local Regulations; 2012 Holiday Boat
Parades, Captain of the Port Miami Zone; FL.
(a) Regulated areas. The following moving zones are regulated
areas, with the specified enforcement period for each zone. The
identities of the lead parade vessel and the last participating vessel
will be provided prior to the marine parade by Broadcast Notice to
Mariners.
(1) Fort Lauderdale, Florida. All waters within a moving zone that
will begin at Cooley's Landing Marina and end at Lake Santa Barbara,
which will include a buffer zone extending 50 yards ahead of the lead
parade vessel and 50 yards astern of the last participating vessel and
50 yards on either side of the parade. This special local regulation
will be enforced from
[[Page 70684]]
2:30 p.m. until 11:30 p.m. on December 15, 2012.
(2) Pompano Beach, Florida. All waters within a moving zone that
will begin at Lake Santa Barbara and head north on the Intracoastal
Waterway to end at the Hillsboro Bridge, which will include a buffer
zone extending 50 yards ahead of the lead parade vessel and 50 yards
astern of the last participating vessel and 50 yards on either side of
the parade. This special local regulation will be enforced from 5:00
p.m. until 10:00 p.m. on December 9, 2012.
(3) Palm Beach, Florida. All waters within a moving zone that will
begin at Lake Worth Daymark 28 in North Palm Beach and end at
Loxahatchee River Daymark 7 east of the Glynn Mayo Highway Bridge in
Jupiter, FL, which will include a buffer zone extending 50 yards ahead
of the lead parade vessel and 50 yards astern of the last participating
vessel and 50 yards on either side of the parade. The special local
regulation will be enforced from 5:30 p.m. until 8:30 p.m. on December
1, 2012.
(4) Boynton Beach, Florida. All waters within a moving zone that
will begin at Boynton Inlet and end at the C-15 Canal, which will
include a buffer zone extending 50 yards ahead of the lead parade
vessel and 50 yards astern of the last participating vessel and 50
yards on either side of the parade. The special local regulation will
be enforced from 6:00 p.m. until 8:00 p.m. on December 7, 2012.
(5) Miami, Florida. All waters within a moving zone that will
transit as follows: the marine parade will begin at the Miami Outboard
Club on Watson Island, head west around Palm Island and Hibiscus
Island, head east between Di Lido Island, south through Meloy Channel,
west through Government Cut to Bicentennial Park, south to the Dodge
Island Bridge, south in the Intracoastal Waterway to Claughton Island,
circling back to the north in the Intracoastal Waterway to end at the
Miami Outboard Club. This will include a buffer zone extending to 50
yards ahead of the lead vessel and 50 yards astern of the last
participating vessel and 50 yards on either side of the parade. The
special local regulation will be enforced from 7:00 p.m. until 11:00
p.m. on December 15, 2012.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated area.
(c) Regulations. (1) Non-participant persons and vessels are
prohibited from entering the moving zones, to include the buffer zones.
Non-participant persons and vessels may request authorization to enter,
transit through, anchor in, or remain within the regulated area by
contacting the Captain of the Port Miami by telephone at 305-535-4472,
or a designated representative via VHF radio on channel 16. If
authorization is granted by the Captain of the Port Miami or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Miami or a designated representative.
(2) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners and on-scene
designated representatives.
(d) Effective date. This rule is effective from 12:01 a.m. on
December 1, 2012 until 11:30 p.m. on December 31, 2012.
Dated: November 15, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-28696 Filed 11-26-12; 8:45 am]
BILLING CODE 9110-04-P
