[Federal Register: December 5, 2003 (Volume 68, Number 234)]
[Rules and Regulations]
[Page 67944-67946]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de03-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-03-151]
RIN 1625-AA08
Special Local Regulations; 2003 Holiday Boat Parade of the Palm
Beaches, Riviera Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: Temporary special local regulations are being established for
the 2003 Holiday Boat Parade in Riviera Beach, Florida. The event will
be held on December 6, 2003, on the waters of the Intracoastal Waterway
staging in the Lake Worth turning basin southeast of Peanut Island, and
proceeding north from Lake Worth South Section Marker 1 and to
Jonathan's Landing Marina, Lake Worth Creek Marker 19. These
regulations exclude non-participant vessels from the regulated area,
which includes the staging area and the parade route, and are needed to
provide for the safety of life on navigable waters during the event.
DATES: These regulations are effective from 6 p.m. until 9 p.m. on
December 6, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of [CGD07-03-151] and are available for inspection
or copying at Coast Guard Group Miami, 100 MacArthur Causeway, Miami
Beach, Florida, 33139 between 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: BMC Vaughn, Coast Guard Group Miami,
Florida at (305) 535-4317.
SUPPLEMENTARY INFORMATION:
Good Cause
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would be
unnecessary and contrary to public safety interests. These regulations
are needed to minimize danger to the public resulting from numerous
spectator and participant craft in close proximity to each other around
the staging area and parade route. The event will be held on Saturday
December 6, 2003. There is not sufficient time to allow for a notice
and comment period, prior to the event. For the safety concerns noted,
it is in the public interest to have these regulations in effect during
the event. In addition, advance notifications will be made via marine
information broadcasts.
For the same reasons, the Coast Guard finds that good cause exists
for making this rule effective less than 30 days after publication in
the Federal Register.
Background and Purpose
The 2003 Holiday Boat Parade of the Palm Beaches is a nighttime
parade of approximately 60 pleasure boats decorated with holiday
lights. These boats range in length from 15 feet to 50 feet. It is
anticipated that approximately 200 spectator craft will view the
parade. The parade will form in a staging area located within the Lake
Worth turning basin on the southeast side of Peanut Island and
encompassing all waters within the turning basin west of a line
connecting Marker 12 on the north side of the turning basin and Marker
13 on the south side of the turning basin. The parade will then
commence and proceed north from Lake Worth South Section Marker 1 on
the Intracoastal Waterway (ICW) to Jonathan's Landing Marina at Lake
Worth Creek Marker 19, where the parade will disperse. The regulated
area includes the staging area and the parade route.
Discussion of Rule
The special local regulations for this event prohibit non-
participant vessels from entering the regulated area, which includes
the staging area and the parade route.
The staging area encompasses all waters within the Lake Worth
turning basin on the southeast side of Peanut Island west of a line
connecting Lake Worth Inlet Marker 12 on the north side of the turning
basin and Marker 13 on the south side of the turning basin. No
anchoring is permitted in the staging area.
The parade route encompasses the Intracoastal Waterway from Lake
Worth
[[Page 67945]]
South Section Marker 1 to Lake Worth Creek Marker 19. During transit of
the parade, these regulations prohibit non-participating vessels from
approaching within 500 feet ahead of the lead parade vessel, 500 feet
astern of the last participating vessel, or within 50 feet on either
side of the outboard parade vessels in the regulated area, unless
authorized by the Coast Guard patrol commander.
Regulatory Evaluation
This proposal is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). This regulation will have a minimal impact on
non-participant and non-spectator vessels due to the normally low
volume of vessel traffic on the ICW during this time this rule is
effective. Moreover, this rule is effective for only 3 hours, it
regulates only the waters immediately surrounding the parade vessels,
and moves with the parade vessels and should therefore have a minimal
impact on non-participant and non-spectator vessels.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 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 entities: The owners or operators of vessels intending to
transit or anchor in a portion of the regulated area from 6 p.m. to 9
p.m. on December 6, 2003. This rule will not have a significant
economic impact on a substantial number of small entities for the
following reasons. This rule is for a highly publicized event and will
be in effect for only three hours late in the day when vessel traffic
is minimal. Any traffic that needs to pass through the regulated area
will be allowed to pass with the permission of the Coast Guard patrol
commander once the parade participants have moved further along the
parade route.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. Small
businesses may contact the person listed under FOR FURTHER INFORMATION
CONTACT for assistance in understanding and participating in this
rulemaking. Small businesses may send comments on the actions of
Federal employees who enforce, or otherwise determine compliance with,
Federal regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls for no new collection of information requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded 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 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 the preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or safety that may disproportionately
affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order, because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph 34(h), of the Instruction, from further
environmental documentation. Under figure 2-1,
[[Page 67946]]
paragraph (34)(h), of the Instruction, an ``Environmental Analysis
Check List'' and a ``Categorical Exclusion Determination'' are not
required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR
part 100 as follows:
PART 100--[MARINE EVENTS]
0
1. The authority citation for Part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 100.35T-07-151 to read as follows:
Sec. 100.35T-07-151 2003 Holiday Boat Parade of the Palm Beaches,
Riviera Beach, FL
(a) Regulated areas. (1) The regulated staging area encompasses all
waters within the Lake Worth Inlet, Port of Palm Beach, turning basin,
west of a line connecting Marker 12 on the north side of the turning
basin and Marker 13 on the south side of the turning basin.
(2) The regulated parade area encompasses all waters of the
Intracoastal Waterway from Lake Worth South Section Marker 1 behind
Peanut Island north to Lake Worth Creek Marker 19 at Jonathan's Landing
Marina.
(b) Coast Guard patrol commander. The Coast Guard patrol commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by Commander, Coast Guard Group Miami, Florida.
(c) Special local regulations. (1) Staging areas. Entry or
anchoring in the staging area by non-participating vessels is
prohibited, unless authorized by the Coast Guard patrol commander.
(2) Parade route. During the transit of parade vessels, non-
participating vessels are prohibited from approaching within 500 feet
ahead of the lead parade vessel, 500 feet astern of the last
participating vessel in the parade, or within 50 feet either side of
the outboard parade vessels, unless authorized by the Coast Guard
patrol commander.
(d) Effective period: This section is effective from 6 p.m. until 9
p.m. on December 6, 2003.
Dated: November 25, 2003.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 03-30278 Filed 12-4-03; 8:45 am]
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