[Federal Register Volume 61, Number 238 (Tuesday, December 10, 1996)]
[Rules and Regulations]
[Pages 64993-64994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31091]
[[Page 64993]]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD07-96-049]
RIN 2115-AE46
Special Local Regulations; Key West Super Boat Race; Key West, FL
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing permanent special local
regulations for the Key West Super Boat Race sponsored by Super Boat
Racing, Inc. The Key West Super Boat Race will be held annually on the
second Wednesday and Saturday in November, between 10 a.m. and 4 p.m.
EST (Eastern Standard Time). These 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, exiting, and
traveling within these waters. These regulations are necessary to
provide for the safety of life on navigable waters during the event.
EFFECTIVE DATE: January 9, 1997.
FOR FURTHER INFORMATION CONTACT: QMC Kent, Project Officer, USCG Group
Key West, (305) 292-8727.
SUPPLEMENTARY INFORMATION:
Regulatory History
On October 11, 1996, the Coast Guard published a notice of proposed
rulemaking entitled Key West Super Boat Race; Key West, FL [CGD07-96-
049] in the Federal Register (61 FR 53344). The comment period ended on
November 12, 1996. The Coast guard received no comments during the
notice of proposed rulemaking comment period. A public hearing was not
requested and no hearing was held.
Background and Purpose
These special local regulations are needed to provide for the
safety of life during the Key West Super Boat Race. The 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, exiting, 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 will be held
annually from 10 a.m. to 4 p.m. EST, on the second Wednesday and
Saturday in November.
These regulations will establish a regulated area for all navigable
waters within a line drawn through 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 will 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 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.
Regulatory Evaluation
These regulations are 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, because entry into the regulated area
will 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 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 this rule will not have a
significant economic impact on a substantial number of small entities,
because entry into this regulated area will be prohibited for only 6
hours on each day of the event.
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 this 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
rule 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 rule 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 and are available for copying and
inspection. 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, Waterays.
Final Regulations
For reasons set out in the preamble, the Coast Guard amends 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 a line drawn
through the following points:
24-33.65, 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,
[[Page 64994]]
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 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: November 15, 1996.
J.D. Hull
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 96-31091 Filed 12-9-96; 8:45 am]
BILLING CODE 4910-14-M
