[Federal Register Volume 64, Number 226 (Wednesday, November 24, 1999)]
[Rules and Regulations]
[Pages 66106-66107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30658]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD07-99-057]
RIN 2115-AE46
Special Local Regulations: Puerto Rico International Cup,
Fajardo, Puerto Rico
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: Temporary special local regulations are established for the
Puerto Rico International Cup, in Fajardo, Puerto Rico. The event will
be held from 1 p.m. to 2:30 p.m. on December 5, 1999, in Fajardo,
Puerto Rico. These regulations are needed to provide for the safety of
life on navigable waters during the event.
DATES: These regulations become effective at 12 p.m. and terminate at
3:30 p.m. AST on December 5, 1999.
FOR FURTHER INFORMATION CONTACT: Mr. John Reyes at (787) 729-5381.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 31, 1999, the Coast Guard published a notice of proposed
rulemaking concerning these regulations in the Federal Register (64 FR
47461). No comments were received during the comment period.
Background and Purpose
These regulations create a regulated area offshore Fajardo, Puerto
Rico which prohibits entry to non-participating vessels during the
race. The participating race boats will be competing at high speeds
with numerous spectator craft in the area, thus creating an extra or
unusual hazard on the navigable waterways. These regulations are
required to provide for the safety of life on navigable waters during
the Puerto Rico International Cup, in Fajardo, Puerto Rico.
In accordance with 5 U.S.C. 553, good cause exists for making this
rule effective in less that 30 days after Federal Register publication.
Delaying
[[Page 66107]]
its effective date would be contrary to national safety interests and
there was not sufficient time remaining for a full 30-day delayed
effective date after the end of the comment period. The proposed rule
had a full 60-day comment period. No comments were received and the
event has been well publicized.
Regulatory Evaluation
This 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. 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). The Coast Guard expects the economic impact of this
rule to be so minimal that a full regulatory evaluation under paragraph
10e of the regulated policies and procedures of DOT is unnecessary. The
regulated area only encompasses Rada Fajardo, Puerto Rico, entry into
which is only prohibited for 3\1/2\ 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 rulemaking 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 then
50,000.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this rule will not have a significant economic impact on a substantial
number of small entities, as the regulations will only be in effect for
approximately 3\1/2\ hours in a limited area off Fajardo.
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 unfunded mandate costs. This rule will not impose an unfunded
mandate.
Taking of Private Property
This rule 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
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
We have 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
The Coast Guard considered the environmental impact of this rule
and concluded that under Figure 2-1, paragraph 34(h) of Commandant
Instruction M16475.1C, this rule is categorically excluded from further
environmental documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Final Regulations: In consideration of the foregoing, the Coast
Guard amends 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. Add temporary Sec. 100.35T-07-057 to read as follows:
Sec. 100.35T-07-057 Puerto Rico International Offshore Cup, Fajardo,
Puerto Rico.
(a) Regulated Area: A regulated area is established for the waters
in Rada Fajardo, encompassing an area bounded by point 1 in position
18 deg.21'12'' N, 065 deg.36'51'' W, thence to point 2 in position
18 deg.19'48'' N, 065 deg.34'34'' W, thence to point 3 in position
18 deg.19'50'' N, 065 deg.34'26'' W, thence to point 4 in position
18 deg.22'22'' N, 065 deg.35'19'' W, thence to point 5 in position
18 deg.23'08'' N, 065 deg.36'00'' W, thence to point 6 in position
18 deg.23'08'' N, 065 deg.36'09'' W, thence to point 7 in position
18 deg.22'40'' N, 065 deg.36'28'' W, thence to point 8 in position
18 deg.21'20'' N, 065 deg.36'55'' W, thence return to point 1. All
coordinates referenced use Datum: NAD 1983.
(b) Coast Guard Patrol Commander: The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by Commanding Officer, Greater Antilles Section, San
Juan, Puerto Rico.
(c) Special Local Regulations: Entry into the regulated area by
other than event participants is prohibited, unless otherwise
authorized by the Patrol Commander.
(d) Dates: These regulations become effective at 12 p.m. and
terminate at 3:30 p.m. AST on December 5, 1999.
Dated: November 15, 1999.
Thad W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 99-30658 Filed 11-23-99; 8:45 am]
BILLING CODE 4910-15-U
