[Federal Register Volume 62, Number 216 (Friday, November 7, 1997)]
[Proposed Rules]
[Pages 60197-60199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29508]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-97-050]
RIN 2115-AE46


Special Local Regulations: BellSouth Winterfest Boat Parade, 
Broward County, Florida

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish permanent special local 
regulations for the BellSouth Winterfest Boat Parade which will be held 
annually during the second Saturday of December on the waters of the 
Port Everglades turning basin and the intracoastal waterway from Dania 
Sound light to the Pompano Beach daybeacon.

DATES: Comments must be received on or before December 8, 1997.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Miami, 100 
MacArthur Cswy Miami Beach, Florida 33139, or may be delivered to the 
Operations Department at the same address between 7 a.m. and 3:30 p.m., 
Monday through Friday, except federal holidays. The telephone number is 
(305) 535-4448. Comments will become a part of the public docket and 
will be available for copying and inspection at the same address.

FOR FURTHER INFORMATION CONTACT: LTJG J. Delgado, Coast Guard Group 
Miami, FL at (305) 535-4409.

[[Page 60198]]

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, data, or arguments. 
Persons submitting comments should include their names, addresses, 
identify this rulemaking (CGD07-97-050), and the specific section of 
this proposal to which their comments apply, and give reasons for each 
comment.
    The Coast Guard will consider all comments received during the 
comment period. The regulations may be changed in view of the comments 
received. All comments received before the expiration of the comment 
period will be considered before final action is taken on this 
proposal. No public hearing is planned. Persons may request a public 
hearing by writing to the address under ADDRESSES and stating why a 
hearing would be beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a notice in the 
Federal Register.

Background and Purpose

    The BellSouth Winterfest Boat Parade is a nighttime parade of 
approximately 110 pleasure and fishing boats ranging in length from 20 
feet to 200 feet decorated with holiday lights. There will be 
approximately 1000 spectator craft. The parade will form in the staging 
area at the Port Everglades turning basin then proceed north up the 
Intracoastal Waterway (ICW) to Lake Santa Barbara where the parade will 
disband. The regulated area will include the Port Everglades turning 
basin and the intracoastal waterway from Dania Sound light 35 LLNR 
47575 to Pompano Beach daybeacon 74 LLNR 47230.
    The regulated area also includes the staging area which is the Port 
Everglades Turning Basin and that portion of the Intracoastal Waterway 
extending from Port Everglades Turning Basin to Dania Sound light 35 
LLNR 42865. The regulations establish the staging area as a no 
anchoring area. The regulations also establish no anchorage areas in 
the vicinity of the viewing area which extends from the Sunrise Blvd 
Bridge south to New River Sound Day light 3 (LLNR 47240) west of the 
ICW. While the parade is transiting, these regulations will prohibit 
nonparticipating vessels from approaching within 500 feet ahead of the 
lead vessel in the parade to 500 feet astern of the last participating 
vessel in the parade to within 50 feet on either side of the parade 
unless authorized by the patrol commander. After the passage of the 
parade participants, all vessels will be allowed to resume normal 
operations.

Regulatory Evaluation

    This proposal is not a significant regulatory action under Section 
3(f) of the Executive Order 12866 and does not require an assessment of 
the potential costs and benefits under Section 6(a)(3) of that Order. 
It has been exempted from review by the Office of Management and Budget 
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). The Coast Guard expects the economic impact of this 
proposed rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. Entry into the regulated area is prohibited for only 5 
hours on the day of the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule, if adopted, will 
have a significant economic impact on a substantial number of small 
entities. ``Small entities'' include 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.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule, if adopted, would not have a significant economic 
impact on a substantial number of small entities as the regulations 
would only be in effect for approximately five hours each day for one 
day each year. If, however, you think that your business or 
organization qualifies as a small entity and that this proposed rule 
will have a significant economic impact on your business or 
organization, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and in what way and to what degree this proposed 
rule will economically affect it.

Collection of Information

    These proposed regulations contain no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the rulemaking does not have sufficient Federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
proposal consistent with Section 2.B.2 of Commandant Instruction 
M16475.1B. In accordance with that section, this proposed action has 
been environmentally assessed (EA completed), and the Coast Guard has 
concluded that it will not significantly affect the quality of the 
human environment. An Environmental Assessment and a Finding of No 
Significant Impact have been prepared and are available in the docket 
for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

    Proposed Regulations: In consideration of the foregoing, the Coast 
Guard proposes to amend Part 100 of Title 33, Code of Federal 
Regulations, as follows:

PART 100--[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A new section 100.729 is added to read as follows:


Sec. 100.729  BellSouth Winterfest Boat Parade; Broward County, FL.

    (a) Regulated Area: The regulated area will include the Port 
Everglades turning basin and the intracoastal waterway from Dania Sound 
light 35 LLNR 47575 to Pompano Beach daybeacon 74 LLNR 47230. The 
regulated area also includes the staging area which is the Port 
Everglades Turning Basin and that portion of the Intracoastal Waterway 
extending from Port Everglades Turning Basin to Dania Sound light 35 
LLNR 42865. The regulations establish the staging area as a no 
anchoring area. The regulations also establish no anchorage areas in 
the vicinity of the viewing area which extends from the Sunrise Blvd 
Bridge south to New River Sound Day light 3 (LLNR 47240) west of the 
ICW.
    (b) Special Local Regulations:
    (1) While the parade is transiting, nonparticipating vessels are 
prohibited from approaching within 500 feet ahead of the lead vessel in 
the parade to 500 feet astern of the last participating vessel in the 
parade to within 50 feet on either side of the parade unless

[[Page 60199]]

authorized by the patrol commander. Anchoring in the viewing area is 
prohibited unless authorized by the Patrol Commander. Entry or 
anchoring in the staging area is prohibited, unless authorized by the 
Patrol Commander. After the passage of the parade participants, all 
vessels may resume normal operations.
    (2) A succession of not fewer than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any non-participating 
vessel to stop immediately. The display of an orange distress smoke 
signal from a patrol vessel will be the signal for any and all vessels 
to stop immediately.
    (c) Effective Date: This section is effective annually on the 
second Saturday in December from 5 p.m. to 10 p.m. EST.

    Dated: October 27, 1997.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 97-29508 Filed 11-6-97; 8:45 am]
BILLING CODE 4910-14-M