[Federal Register: December 8, 2003 (Volume 68, Number 235)]
[Rules and Regulations]
[Page 68239-68241]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de03-2]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-03-152]
RIN 1625-AA08
Special Local Regulations; 2003 Boca Raton Holiday Boat Parade,
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 Boca Raton Holiday Boat Parade, Riviera Beach, Florida. The
event will be held on December 20, 2003, on the waters of the
Intracoastal Waterway between the C-15 canal, just North of Bella
Marra, and the Hillsboro Boulevard bridge spanning the Intracoastal
Waterway. These regulations exclude non-participant vessels from the
regulated area, which includes the parade route, staging area, and
viewing area. These regulations are needed to provide for the safety of
life on navigable waters during the event.
DATES: This rule is effective from 6 p.m. until 9 p.m. on December 20,
2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (CGD07-03-152) 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:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would be
contrary to public safety interests and unnecessary. 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, parade and viewing areas of an event that will occur in a
relatively short period of time. Moreover, the regulation will be in
effect for only 3 hours. For the same reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that good cause exists for making this
rule effective less than 30 days after publication in the Federal
Register.
Background and Purpose
The 2003 Boca Raton Holiday Boat Parade is a nighttime parade of
approximately 60 pleasure boats that range in length from 15 feet to
100 feet decorated with holiday lights. It is anticipated that
approximately 50 spectator craft will view the parade. The parade will
form in a staging area on the Intracoastal Waterway at the C-15 Canal,
just North of Bella Marra at
[[Page 68240]]
approximately 26[deg]25' N, then proceed south on the Intracoastal
Waterway (ICW) to Hillsboro Boulevard Bridge at approximately
26[deg]19' N, where the parade will disband. The regulated area
includes the staging area in the vicinity of the C-15 canal, 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 for the parade, in the vicinity of the mouth of the C-
15 canal, and the parade route south along the Intracoastal Waterway to
the Hillsboro Boulevard Bridge. 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.
The staging area and parade route encompass the Intracoastal
Waterway from the C-15 Canal south to the Hillsboro Boulevard Bridge.
No anchoring is permitted in the staging area.
Regulatory Evaluation
This rule 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 rule will be in effect for only 3 hours on the
date of the parade.
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 20, 2003. This rule will not have a significant
economic impact on a substantial number of small entities for the
following reasons. This rule will be in effect for only 3 hours late in
the day when vessel traffic is low. 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 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. Small
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 Mandate Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to 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
[[Page 68241]]
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, 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--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; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 100.35T-07-152 to read as follows:
Sec. 100.35T-07-152 2003 Boca Raton Holiday Boat Parade, Riviera
Beach, FL.
(a) Regulated area. The regulated area encompasses the staging area
and parade route for the 2003 Boca Raton Holiday Boat Parade, which
includes all waters of the Intracoastal Waterway from the C-15 Canal
south to the Hillsboro Boulevard Bridge.
(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 patrol commander for the event by Commander, Coast
Guard Group Miami, Florida.
(c) Special Local Regulations. (1) Staging area. Entry or anchoring
in the staging area, in the vicinity of the mouth of the C-15 canal
where it intersects the Intracoastal Waterway, by non-participating
vessels is prohibited, unless authorized by the 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 patrol commander.
(c) Effective period: This section becomes effective at 6 p.m. and
terminates at 9 p.m. on December 20, 2003.
Dated: November 24, 2003.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 03-30376 Filed 12-5-03; 8:45 am]
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