[Federal Register Volume 65, Number 102 (Thursday, May 25, 2000)]
[Rules and Regulations]
[Pages 33770-33772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13195]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP MIAMI 00-015]
RIN 2115-AA97


Safety Zone: OpSail Miami 2000, Port of Miami.

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary regulations in the 
Port of Miami for OpSail Miami 2000 activities. This action is 
necessary to provide for the safety of life and property on navigable 
waters during OpSail Miami 2000. This action will restrict vessel 
traffic in portions of the Port of Miami.

DATES: This rule is effective from 9 p.m. Eastern Daylight Time (EDT) 
on June 9, 2000 and terminates at 4 p.m. EDT on June 10, 2000.

ADDRESSES: Coast Guard Marine Safety Office Miami maintains the public 
docket for this rulemaking. Documents indicated in this preamble as 
being available in the docket, are available for inspection or copying 
at room 201, Coast Guard Marine Safety Office Miami, between 8 a.m. and 
3 p.m., EDT Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Joseph Boudrow, Port 
Management and Response Department, Coast Guard Marine Safety Office 
Miami, (305) 535-8705.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On December 17, 1999, the Coast Guard published an advanced notice 
of proposed rulemaking (ANPRM), and on March 17, 2000, the Coast Guard 
published a notice of proposed rulemaking (NPRM) entitled OPSAIL 2000 
in the Federal Register (64 FR 70650 and 65 FR 14502). No comments were 
received during either comment period. No public hearing was requested 
and none was held.
    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. Updated information regarding the 
fireworks display was recently received from the sponsor. Further, the 
proposed rule was well publicized in the ANPRM and the NPRM, and the 
event will be further publicized throughout the local community by the 
event sponsor.

Background and Purpose

    The temporary regulations are for OpSail Miami 2000 events 
scheduled to be held in portions of the Port of Miami over the period 
of June 6-10, 2000. This rule will provide for the safety of life and 
property on navigable waters during OpSail Miami 2000 events on June 9, 
2000 and June 10, 2000.

Discussion of Rule

    OpSail Miami 2000, Inc., is sponsoring OpSail Miami 2000 activities 
which consist of the arrival, display, and departure parade of numerous 
large U. S. and foreign flagged sail vessels. A fireworks display is 
planned for the evening prior to the final day of the sail vessel 
visit. Currently, approximately 20 Class A (175 feet or larger in 
length) and 20 smaller Class B (100 feet up to 175 feet) and C (up to 
100 feet) sail vessels are expected to participate in OpSail Miami 
2000.
    Participant sail vessels will begin arriving in the Port of Miami 
on June 6, 2000 and will moor alongside Dodge Island within the Port of 
Miami. These vessels will be open to the public during certain hours 
between June 7 and June 9, 2000. On June 9, 2000, fireworks displays 
will be conducted commencing approximately 9:00 p.m. EDT from the 
orchestra vessel POINT COUNTERPOINT II, a barge anchored in the turning 
basin at the west end of Main Channel, and the Watson Island bridge 
structure. On June 10, 2000, the sail vessels will make their departure 
from the Port of Miami in a parade commencing approximately 12 noon EDT 
and ending approximately 4 p.m. EDT. Participant sail vessels will 
proceed under auxiliary power from their moorings to the turning basin 
at the west end of the Main Channel. From the turning basin, they will 
proceed under auxiliary power in 300 to 500 yard intervals in a ocean-
bound direction along the Main Channel, thence along Government Cut, 
thence along Bar Cut, thence along Outer Bar Cut, to the vicinity of 
Miami Lighted Bouy M (Light List Number (LLNR) 10455-895), located at 
25 degrees, 46.0 minutes North latitude, 080 degrees, 05.0 minutes West 
longitude. The area of Miami Lighted Buoy M is the termination point 
for pilotage. As pilots disembark their vessels, the sail vessels will 
parade northward off the coastline, under sail, to the parade 
termination point in the general vicinity of the entrance to Port 
Everglades, Florida.
    Waterborne spectator areas have been designated by the event 
sponsor to be on either side of Bar Cut and Outer Bar Cut in the open 
ocean. These areas will be delineated by lines of marker floats placed 
by the sponsor. The marker floats will be round balls, orange in color, 
and spaced approximately 200 yards apart. They will be placed 100 yards 
out from the aids to navigation that mark each side of the channel. 
Spectator craft will be expected to remain behind the marker float 
lines for the duration of the parade.
    Because of the number of the sail vessels, fireworks displays, and 
the large number of spectator watercraft expected during the parade, 
the Coast Guard is establishing regulations for the creation of 
temporary safety zones and vessel movement controls in portions of the 
Port of Miami and its channels affected by these events. The 
regulations will be in effect on June 9 and 10, 2000. The vessel 
congestion due to the large number of participant and spectator vessels 
poses a significant threat to the safety of life and property. The 
Coast Guard has determined this rulemaking is necessary to ensure the 
safety of life and property on the navigable waters of the United 
States within portions of the Port of Miami affected by this event.

Regulated Areas

    The Coast Guard is establishing temporary safety zones for 
fireworks displays on June 9, 2000 and the Parade of Sail on June 10, 
2000. The safety zone for June 9, 2000 shall include all waters within 
100 yards of the orchestra vessel

[[Page 33771]]

POINT COUNTERPOINT II, and all waters bounded on the north by the 
Venetian Causeway West drawbridge, a line drawn from the southwest 
corner of Biscayne Island to the northwest corner of Watson Island, and 
a line drawn from the southwest corner of Watson Island near the 
seaplane ramp to the northeast corner of the American Airlines Arena 
property water frontage.
    The safety zone for the June 10, 2000, Parade of Sail shall include 
all waters in the Port of Miami within the turning basin at the west 
end of Main Channel bounded by the bridges connecting Dodge Island and 
Watson Island to the mainland, the Main Channel, Lummus Island Cut east 
of a line drawn northward from the west end of Fisher Island, 
Government Cut, Bar Cut, Outer Bar Cut, and 100 yards on either side of 
the Bar Cut and Outer Bar Cut short range navigational aids, seaward to 
Miami Lighted Buoy M (LLNR 10455-895).
    Entry into these safety zones by non-participating vessels will be 
prohibited. The Coast Guard expects many spectator craft for this 
millennium event. These craft will be allowed to view the Parade of 
Sail vessels from viewing areas on either side of Bar Cut and Outer Bar 
Cut. These areas will delineated by marker floats placed by the sponsor 
of the event.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not significant under the regulatory policies and procedures of 
the Department of Transportation (DOT) (44 FR 11040; February 26, 
1979).
    Although the rule prohibits all non-parade related traffic in the 
area of the temporary safety zone on Saturday, June 10, 2000, the 
effect of this regulation will not be significant for the following 
reasons: the regulation will be in effect for less than 6 hours; the 
maritime community will receive extensive advance notices through Local 
Notices to Mariners, facsimile, and marine information broadcasts, 
maritime association meetings, and Miami area newspapers; and specific 
viewing areas will be marked for spectator vessels.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 
would not have a significant economic impact on a substantial number of 
small entities. We received no comments on this rule from small 
entities. However, this rule would affect the following entities, some 
of which might be small entities: the owners or operators of vessels 
intending to transit those portions of the Port of Miami during the two 
periods of safety zone enforcement. These regulations would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. Although these regulations would apply to a 
substantial portion of the Port of Miami, the periods of the regulatory 
enforcement will be of short duration. Before the effective periods, 
the Coast Guard will make notifications to the public via mailings, 
facsimilies, the Local Notice to Mariners, and use of the sponsor 
Internet site. In addition, OpSail Miami 2000, Inc., the sponsoring 
organization, is planning to publish information of the event in local 
newspapers, pamphlets, and television and radio broadcasts.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we will assist small entities 
in understanding this proposed rule so that they can better evaluate 
its effects on them and participate in the rulemaking. 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 Lieutenant Joe Boudrow, Coast 
Guard Marine Safety Office Miami at (305) 535-8705.
    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 under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule would not impose on unfunded mandate.

Taking of Private Property

    This rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    The Coast Guard has analyzed this rule under E.O. 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this action and have 
determined under Figure 2-1, paragraph 34(g) of Commandant Instruction 
M16475.1C, that this rule is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination is 
available in the docket where indicated under ADDRESSES. By controlling 
vessel traffic during the event, this rule is intended to minimize 
environmental impacts of increased vessel traffic during the parade of 
sail.

[[Page 33772]]

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Temporary Regulations

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR Part 165, as follows:

PART 165--[AMENDED]

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.


    2. A temporary Sec. 165.T 07-015 is added to read as follows:


Sec. 165.T07-015  Safety zones; Miami, Florida.

    (a) Regulated areas. (1) Fireworks area. (i) Location. All waters 
within 100 yards of the M/V POINT COUNTERPOINT II; and, all waters 
within an area bounded on the north by the Venetian Causeway West 
drawbridge, a line drawn from the southwest corner of Biscayne Island 
to the northwest corner of Watson Island, and a line drawn from the 
southwest corner of Watson Island near the seaplane ramp to the 
northeast corner of the American Airlines Arena property water 
frontage.
    (ii) Regulations. In accordance with the general regulations in 
165.23 of this part, no vessel shall enter the fireworks display 
fallout area during the enforcement period unless otherwise authorized 
by the U.S. Coast Guard Captain of the Port.
    (iii) Enforcement period. This section becomes effective at 9 p.m. 
Eastern Daylight Time (EDT) and terminates at 11 p.m. EDT on June 9, 
2000, unless terminated earlier by the U. S. Coast Guard Captain of the 
Port.
    (2) Parade of sail area.--(i) Location. A temporary safety zone is 
established to include all waters in the Port of Miami within the 
turning basin at the west end of Main Channel bounded by the bridges 
connecting Dodge and Watson Islands with the mainland, Main Channel, 
Lummus Island Cut east of a line extending northward from the west end 
of Fisher Island, Government Cut, Bar Cut, Outer Bar Cut, and 100 yards 
on either side of the Bar Cut and Outer Bar Cut short range 
navigational aids, seaward to Miami Lighted Buoy M (LLNR 10455-895).
    (ii) Regulations. In accordance with the general regulations in 
165.23 of this part, entry into this zone is prohibited to all non-
parade related vessels without the prior permission of the U. S. Coast 
Guard Captain of the Port.
    (iii) Enforcement period. This section becomes effective at 10 a.m. 
EDT and terminates at 4 p.m. EDT on June 10, 2000, unless terminated 
earlier by the U.S. Coast Guard Captain of the Port.
    (b) Dates. This section becomes effective at 9 p.m., EDT on June 9, 
2000, and terminates at 4 p.m., EDT on June 10, 2000.

    Dated: May 17, 2000.
L.J. Bowling,
Captain, U. S. Coast Guard, Captain of the Port, Miami Zone.
[FR Doc. 00-13195 Filed 5-24-00; 8:45 am]
BILLING CODE 4910-15-U