[Federal Register Volume 62, Number 41 (Monday, March 3, 1997)]
[Rules and Regulations]
[Pages 9367-9368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5064]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-97-002]
RIN 2115-AE46


Special Local Regulations: Intracoastal Waterway, St. Augustine, 
FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special local regulations are being adopted for the ``Blessing 
of the Fleet'' ceremony. The event will be held from 11 a.m. to 3 p.m. 
Eastern Standard Time (EST) on March 23, 1997. The regulated area 
includes those waters between the Bridge of Lions and the Fish Island 
Marina Daybeacon #2 in the Matanzas River, St. Augustine, Florida. The 
anticipated concentration of participant and spectator vessels will 
create an unusual hazard on the navigable waters. The regulations are 
needed to provide for the safety of life on navigable waters during the 
event.

EFFECTIVE DATE: This rule becomes effective 9 a.m. EST and terminates 
at 3 p.m. EST on Sunday, March 23, 1997.

FOR FURTHER INFORMATION CONTACT:
 Ensign G. Watson, Project Officer, Coast Guard Group Mayport Florida, 
(904) 247-7398.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking was not published for this regulation and good 
cause exists for making it effective in less than 30 days from the date 
of publication. Following normal rulemaking procedures would have been 
impractical. The information to hold the event was not received until 
January 17, 1997, leaving insufficient time to publish proposed rules 
prior to the event or to provide a delayed effective date.

Discussion of Regulations

    The event requiring this regulation is a ``Blessing of the Fleet'' 
ceremony. There will be 150 participating vessels in single file, 
parade style, transiting the Intracoastal Waterway from the Bridge of 
Lions south to Daybeacon number #2, and returning north to the Bridge 
of Lions. Approximately ten spectator craft are expected. The total 
number of vessels in the regatta area creates an extra hazard to the 
safety of life on the navigable waters.
    The regulated area includes those waters between the Bridge of 
Lions and the Fish Island Marina Daybeacon #2, LLNR 35420, position 29-
52.15N, 081-18.12W, in the Matanzas River, St. Augustine, Florida. 
Datum: NAD 1983. The event requires that vessel traffic control be 
implemented within the area of the Intracoastal Waterway between the 
Bridge of Lions and Daybeacon number #2. This regulation provides that 
entry into the regulated area, by other than parade participants or 
spectator craft, is prohibited, unless authorized by the Patrol 
Commander. After termination of the ``Blessing of the Fleet'' ceremony, 
all vessels may resume normal operations.
    Spectator craft will be allowed to enter the regulated area; 
however, vessel mooring, anchoring, and movement restrictions will be 
directed by Coast Guard and local law enforcement officials.

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. 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
The regulation will only be in effect for a total of 5 hours on the 
date of the ceremony.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated businesses that are 
not dominant in their field and that otherwise qualify as ``small 
business concerns'' under section 3 of the Small Business Act (15 
U.S.C. 632).
    The Coast Guard certifies under section 605 (b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have a 
significant economic impact on a substantial number of small entities 
because the regulation will be in effect for a total of 5 hours in a 
limited area of the Intracoastal Waterway in St. Augustine.

Collection of Information

    These 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 proposed 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 
rule under paragraph 2.B.2 of Commandant Instruction M16475.1B, (as 
revised by 59 FR 38654, July 29, 1994). In accordance with that 
instruction, specifically section 2.B.4 and 2.B.5, this action has been 
environmentally assessed (EA completed), and the Coast Guard has 
concluded that this event will not significantly affect the quality

[[Page 9368]]

of human environment. An environmental assessment and finding of no 
significant impact have been prepared and are available for copying and 
inspection.

List of Subjects in 33 CFR Part 100

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

Temporary Regulations

    In consideration of the foregoing, Part 100 of Title 33, Code of 
Federal Regulations, is amended 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.

    2. A new temporary section 100.35T-97-002 is added to read as 
follows:


Sec. 100.35T-97-002  Intracoastal Waterway; St. Augustine, FL.

    (a) Regulated area. The regulated area is located in the waters of 
the Matanzas River, Intracoastal Waterway, St. Augustine, Florida. Its 
northern boundary is formed by a line, perpendicular to the centerline 
of the Matanzas River, drawn from Fish Island Marina Daybeacon #2, LLNR 
35420, position 29-52.15N, 081-18.12W, near the entrance of the San 
Sebastian River, to the East bank of the Matanzas River. The eastern 
boundary is formed by the eastern bank of the Matanzas River. The 
western boundary begins where the Bridge of Lions meets the west bank 
of the Matanzas River and runs along the west bank of the river to 29-
52.34N, 081-18.13W, and then to 29-52.20N, 081-18.09W at the southeast 
end of the regulated area. All coordinates reference Datum: NAD 1983.
    (b) Special local regulations. (1) Entry into this regulated area, 
by other than parade participants or spectator craft, is prohibited, 
unless authorized by the Patrol Commander. After termination of the 
``Blessing of the Fleet'' ceremony, all vessels may resume normal 
operations.
    (2) Spectator craft will be allowed to enter the regulated area; 
however, vessel mooring, anchoring, and movement restrictions will be 
directed by Coast Guard and local law enforcement officials.
    (c) Effective date. This regulation becomes effective at 9 a.m. EST 
and terminates at 3 p.m. EST, on March 23, 1997.

    Dated: February 13, 1997.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 97-5064 Filed 2-28-97; 8:45 am]
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