[Federal Register Volume 64, Number 242 (Friday, December 17, 1999)]
[Proposed Rules]
[Pages 70650-70652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32784]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 100 and 165
[CGD07-99-087]
RIN 2115--AA97
OPSAIL 2000, Port of Miami, FL
AGENCY: Coast Guard, DOT.
ACTION: Advanced notice of proposed rulemaking; request for comments.
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SUMMARY: The Coast Guard requests public comment on the temporary
establishment of several exclusion areas for OPSAIL 2000 in the Port of
Miami, Florida, from June 6 through June 10, 2000. The Coast Guard
anticipates a rulemaking to establish temporary Limited Access Areas
and/or Special Local Regulations to control vessel traffic within the
Port of Miami on the last two days of the event, June 9 and 10, 2000.
These temporary regulations will be necessary to ensure the safety of
persons and property in the vicinity of a fireworks display scheduled
for June 9, 2000, in the vicinity of the west turning basin, and in the
movement of numerous large sail vessels (Tall Ships) during the parade
of sail out of the Port of Miami scheduled for June 10, 2000.
DATES: Comments must be received on or before January 31, 2000.
ADDRESSES: Comments may be mailed to the Port Management and Response
Department, Coast Guard Marine Safety Office Miami, 100 MacArthur
Causeway, Miami Beach, Florida 33139, or delivered to the same address
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
The Port Management and Response Department of Marine Safety Office
Miami maintains the public docket for this rulemaking. Documents
indicated in this preamble as being available in
[[Page 70651]]
the docket, are part of docket [CGD07-99-087] and are available for
inspection or copying at the Coast Guard Marine Safety Office Miami,
between 8 a.m. and 3 p.m., 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, between 8 a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in the
early stages of this rulemaking by submitting written data, views, or
arguments. Please explain your reasons for each comment so that we can
carefully weigh the consequences and impacts of any future requirements
we may propose. Persons submitting comments should include their name
and address, identify this rulemaking (CGD07-99-087) and the specific
section of this document to which each comment applies. Please submit
two copies of all comments and attachments in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed postcard or envelop. The Coast Guard
will consider all comments received during the comment period.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Port Management and Response
Department at the address under ADDRESSES. The request should include
the reasons why a hearing would be beneficial. If the Coast Guard
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 later notice in the Federal Register.
Background and Purpose
OPSAIL 2000 is sponsoring a fireworks display and parade of Tall
Ships in the Port of Miami and on the waters of Government Cut, on June
9 and 10, 2000 respectively. The Coast Guard expects many spectator
craft for this millennium event. The anticipated rulemaking will
provide specific guidance on vessel movement controls, and limited
access areas that will be in effect at various times in those waters
during the period June 9 through 10, 2000. The Coast Guard may seek to
establish additional regulated areas, anchorage grounds, and safety or
security zones once confirmation of the exact number of Tall Ships and
dignitaries that will be participating in OPSAIL 2000 is available.
Schedule of Events
Current planned marine related events include:
1. Starting June 6, 2000: Tall Ships arrive on individual schedules
and moor at Dodge Island.
2. June 9, 2000: Fireworks display scheduled to take place in the
west turning basin, which is bounded by the western end of Dodge
Island, Watson Island, and Miami's Bicentennial Park.
3. June 10, 2000: Outbound Parade of Sail and departure of the
participating Tall Ships through the Port of Miami.
Discussion
The Coast Guard anticipates large numbers of spectator craft and
numerous commercial vessels (passenger vessels and charter boats) in
the area during June 9 through 10, 2000, to view OPSAIL events. The
safety of parade participants and spectators will require that these
craft be kept at a safe distance from the parade route. The greatest
traffic restrictions will be in place during the outbound Parade of
Sail, which will begin the morning of June 10 and end that afternoon.
The Parade of Sail restrictions will affect all vessels and will
include a limited access area for the vessel parade to provide for
maximum safety of the event. The sponsor will designate and
appropriately mark the recommended spectator viewing areas. The only
other anticipated restriction for marine traffic will be during the
fireworks display on the evening of June 9, 2000.
Regulatory Evaluation
At this early stage in what is still just a potential rulemaking,
the Coast Guard has not determined whether any future rulemaking may be
considered a significant regulatory action under section 3(f) of
Executive Order 12866 or 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 any future
rulemaking to be minimal. Although the Coast Guard anticipates
prohibiting all non-parade traffic from Government Cut and Outer Bar
Cut during the Outbound Parade of Sail on Saturday, June 10, 2000, the
effect of any future rulemaking will be minimized because of the
limited duration of the event and the extensive advance notifications
that will be made to the maritime community via the Local Notice to
Mariners, facsimile, the Internet, marine information broadcasts,
maritime association meetings, and Miami area newspapers. Mariners and
commercial vessels can adjust their plans accordingly. The Coast Guard
anticipates that the majority of the maritime industrial activity in
the Port of Miami will continue, relatively unaffected by any future
rulemaking.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard must consider whether this potential rulemaking will 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 does not anticipate that its potential rulemaking
will have anything but a minimal impact upon small entities, but
expects that comments received on this advance notice will help it
determine the number of potentially affected small entities and in
weighing the impacts of the various regulatory alternatives for the
purpose of drafting any rules.
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 advance notice and how it affects them. Small
entities may call the person identified in FOR FURTHER INFORMATION
CONTACT. The Coast Guard is particularly interested in how any future
rulemaking will affect small entities. If you are a small entity and
believe that you may be affected by such a rulemaking, please tell how,
and what flexibility or compliance alternatives the Coast Guard should
consider to minimize the burden on small entities while promoting port
safety.
Collection of Information
The Coast Guard anticipates that any future rulemaking will not
require any new collection of information under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard analyzed this advance notice under Executive Order
13132. From the information currently available, we cannot determine
whether this potential rulemaking will have
[[Page 70652]]
significant federalism implications 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 unfunded mandate costs. The Coast Guard does not anticipate that
any future rulemaking will result in an unfunded mandate.
Taking of Private Property
The Coast Guard anticipates that any potential rulemaking will 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
The Coast Guard anticipates that any potential rulemaking will meet
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 anticipates that any potential rulemaking will not
be economically significant and will not present an environmental risk
to health or risk to safety that may disproportionately affect children
under E.O. 13045, Protection of Children from Environmental Health
Risks and Safety Risks.
Environment
The Coast Guard anticipates that any potential rulemaking will
require an Environmental Assessment due to the advertised size of the
event and its proximity to sensitive environmental areas. Further, any
potential rulemaking will be designed to minimize the likelihood of
maritime accidents and attendant environmental consequences and to
enhance the safety of event participants, spectators and other maritime
traffic. The Coast Guard invites comments addressing possible effects
that any such rulemaking may have on the human environment, or
addressing possible inconsistencies with any Federal, State, or local
law or administrative determination relating to the environment. The
Coast Guard will reach a final determination once it has received a
detailed parade of sail plan and environmental analysis from the
sponsor organization.
Dated: December 8, 1999.
L.J. Bowling,
Captain, U.S. Coast Guard, Captain of the Port, Miami Zone.
[FR Doc. 99-32784 Filed 12-16-99; 8:45 am]
BILLING CODE 4910-15-U
