[Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
[Proposed Rules]
[Pages 53344-53345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26148]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CCGD07-96-049]
RIN 2115-AE46
Special Local Regulations; Key West Super Boat Race; Key West, FL
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent special local
regulations for the Key West Super Boat Race sponsored by Super Boat
Racing, Inc. The Key West Super Boat Race would be held annually on the
second Wednesday and Saturday in November, between 10 a.m. and 4 p.m.
EST (Eastern Standard Time). These proposed regulations are intended to
promote safe navigation on the waters in the Atlantic Ocean in the
vicinity of Key West, Florida, by controlling the traffic entering,
existing, and traveling within these waters. These proposed regulations
are necessary to provide for the safety of life on navigable waters
during the event.
DATES: Comments must be received on or before November 12, 1996.
ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Key West,
Key West, Florida 33040-0005, or may be delivered to operations office
at the same address between 8 a.m. and 4 p.m. EST, Monday through
Friday, except federal holidays. The telephone number is (305) 292-
8727. 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: QMC Kent, Project Officer, USCG Group
Key West, (305) 292-8727.
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 the notice (CGD07-96-049) 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, but one may be held if written
requests for a hearing are received, and it is determined that the
opportunity to make oral presentations will add to the rulemaking
process.
Discussion of Proposed Regulations
The proposed special local regulations are needed to provide for
the safety of life during the Key West Super Boat Race. These proposed
regulations are intended to promote safe navigation on the waters in
the Atlantic Ocean in the vicinity of Key West, Florida, by controlling
the traffic entering, existing, and traveling within these waters.
Historically during these races, there have been approximately 80 power
boats and 100 spectator craft. The anticipated concentration of event
participating vessels and spectator craft associated with the Key West
Super Boat Race poses a safety concern, which is addressed in these
special local regulations. The Key West Super Boat Race would be held
annually from 10 a.m. to 4 p.m. EST, on the second Wednesday and
Saturday in November.
These proposed regulations would establish a regulated navigation
area for all navigable waters within the area as bounded by the
following points:
24-33.65N 081-48.47W; thence to,
24-33.95N 081-48.30W; thence to,
24-34.05N 081-48.45W; thence to,
24-33.58N 081-48.70W; thence to,
24-31.18N 081-51.10W; thence to,
24-31.18N 081-48.88W; thence to,
24-32.94N 081-48.82W.
All coordinates reference use datum: NAD 1983. Entry into this proposed
regulated area would be prohibited to all vessels except event
participants, unless otherwise authorized by the patrol commander. A
succession of not less than 5 short whistle or horn blasts from a
patrol vessel would be the signal for any non-event participating
vessel to take immediate steps to avoid collision. The display of a red
distress flare from a patrol vessel would be a signal for any and all
vessels to stop immediately.
Regulatory Evaluation
This proposed regulation 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 proposal 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 proposed regulated
area would be prohibited for only 6 hours on each day of the event.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether the economic impact on small entities
of a rule for which a general notice of proposed
[[Page 53345]]
rulemaking is required. ``Small entities'' may include (1) small
businesses and not-for-profit organizations that are independently
owned and operated and are not dominant in their fields and (2)
governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies that, if adopted, it will not have a
significant economic impact on a substantial number of small entities
because entry into this proposed regulated area would be prohibited for
only 6 hours on each day of the event. 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 comments explaining why you think it
qualifies and what way and to what degree this 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 proposal 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.
Environment
The Coast Guard has considered the environmental impact of this
proposal consistent with Section 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.2.b.(2), this proposal
has been environmentally assessed (EA completed), and the Coast Guard
has determined that it would not significantly affect the quality of
the human environment. An environmental assessment and finding of no
significant impact have been prepared. Furthermore, as a condition to
the permit, the applicant will be required to educate the operators of
spectator craft and parade participants regarding the possible presence
of manatees and the appropriate precautions to take if the animals are
sighted.
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 is proposing to
amend Part 100 of Title 33, Code of Federal Regulations, as follows:
1. The authority citation for part 100 continues to read as
follows:
PART 100--[AMENDED]
Authority: 33 U.S.C. 1233, 49 CFR 1.46 and 33 CFR 100.35.
2. A new section 100.722 is added to read as follows:
Sec. 100.722 Annual Key West Super Boat Race; Key West, FL.
(a) Definitions.
(1) Regulated area. All navigable waters within the area bounded by
the following points:
24-33.65N, 081-48.47W; thence to,
24-33.95N, 081-48.30W; thence to,
24-34.05N, 081-48.45W; thence to,
24-33.58N, 081-48.70W; thence to,
24-31.18N, 081-51.10W; thence to,
24-31.18N, 081-48.88W; thence to,
24-32.94N, 081-48.82W.
All coordinates reference use datum: NAD 1983.
(2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the United States Coast
Guard who has been designated by Coast Guard Group Key West, Florida.
(b) Special Local Regulations.
(1) Entry into the regulated navigation area, by other than event
participants, is prohibited unless otherwise authorized by the patrol
commander.
(2) A succession of not less than 5 short whistle or horn blasts
from a patrol vessel will be the signal for any non-event participating
vessel to take immediate steps to avoid collision. The display of a red
distress flare from a patrol vessel will be a signal for any and all
vessels to stop immediately.
(c) Effective Dates. This section is effective at 10 a.m. and
terminates at 4 p.m. annually on the second Wednesday and Saturday in
November.
Dated: September 11, 1996.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 96-26148 Filed 10-10-96; 8:45 am]
BILLING CODE 4910-14-M
