[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Proposed Rules]
[Pages 7741-7743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3911]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07 98-003]
RIN 2115-AE46
Special Local Regulations; Miami Beach, Florida
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 Miami Super Boat Race. This event will be held
annually
[[Page 7742]]
on the third Sunday of April 1000 feet offshore Miami Beach, between 12
p.m. and 4 p.m. Eastern Daylight Time (EDT). The regulations are
necessary to provide for the safety of life on navigable waters during
the event.
DATES: Comments must be received on or before March 19, 1998.
ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Miami, 100
MacArthur Causeway, Miami Beach, Florida 33139, or may be delivered to
the Operations Department at the same address between 7 a.m. and 3:30
p.m., Monday through Friday, except federal holidays. The telephone
number is (305) 535-4407. 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:
LTJG J. Delgado, Coast Guard Group, Miami, FL at (305) 535-4409.
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 this rulemaking (CGD07-98-003), 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. The Coast Guard plans no public hearing. Persons may request
a public hearing by writing to the address under ``ADDRESSES'' and
stating why a hearing would be beneficial. If it determines that the
opportunity to make oral presentations will add to the rulemaking
process, the Coast Guard will hold a public hearing at a time and place
announced by a notice in the Federal Register.
Background and Purpose
Super Boat International Productions, Inc., is sponsoring a high
speed power boat race with approximately thirty-five (35) race boats,
ranging in length from 24 to 50 feet, participating in the event. There
will be approximately two hundred (200) spectator crafts. The race will
take place in the Atlantic Ocean 1,000 feet off the Miami Beach shore,
from Miami Beach Clock Tower to Atlantic Heights. The race boats will
be competing at high speeds with numerous spectator crafts in the area,
creating an extra or unusual hazard in the navigable waterways. The
proposed regulations will create regulated areas for the competing
vessels and for spectator craft.
Regulatory Evaluation
This proposal 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
proposed rule to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory policies and procedures of DOT is
unnecessary. Entry into the regulated area is prohibited for only four
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 proposed rule, if adopted, 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 jurisdiction with
populations of less than 50,000.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule, if adopted, would not have a significant economic
impact on a substantial number of small entities as the regulations
would only be in effect for approximately four hours for one day each
year. 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 a comment (see ADDRESSES) explaining why you think it qualifies
and in what way and to what degree this proposed 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 action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the 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
proposal consistent with Section 2.B.2 of Commandment Instruction
M16475.1B. In accordance with that section, this proposal has been
environmentally assessed (EA completed), and the Coast Guard has
concluded that it will not significantly affect the quality of the
human environment. An Environmental Assessment and a Finding of No
Significant Impact have been prepared and are available in the docket
for inspection or copying.
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 proposes to
amend Part 100 of Title 33, Code of Federal Regulations, as follows:
PART 100--[AMENDED]
1. The authority citation for Part 100 continued to read as
follows:
Authority: 33 U.S.C. 1233, 49 CFR 1.46 and 33 CFR 100.35.
2. A new Sec. 100.730 is added to read as follows:
Sec. 100.730 Annual Miami Super Boat Race; Miami Beach, Florida.
(a) Regulated Area:
(1) A regulated area is established by a line joining the following
points:
25-46.3N, 080-07.85W; thence to,
25-46.3N, 080-06.82W; thence to,
25-51.3N, 080-06.2W; thence to,
25-51.3N, 080-07.18W; thence along the shoreline to the starting point.
All coordinates referenced use Datum: NAD 83.
(2) A spectator area is established in the vicinity of the
regulated area for spectator traffic and is defined by a lien joining
the following points, beginning from:
25-51.3N, 080-06.15W; thence to,
25-51.3N, 080-05.85W; thence to,
25-46.3N, 080-06.55W; thence to,
25-46.3N, 080-06.77W; and back to the starting point. All coordinates
referenced use Datum: NAD 83.
(3) A buffer zone of 300 feet separates the race course and the
spectator areas.
(b) Special local regulations:
(1) Entry into the regulated area by other than event participants
is prohibited unless otherwise authorized
[[Page 7743]]
by the Patrol Commander. At the completion of scheduled races and
departure of participants from the regulated area, traffic may resume
normal operations. At the discretion of the Patrol Commander, between
scheduled racing events, traffic may be permitted to resume normal
operations.
(2) A succession of not fewer than five short whistle or horn
blasts from a patrol vessel will be the signal for any and all vessels
to take immediate steps to avoid collision. The display of an orange
distress smoke signal from a patrol vessel will be the signal for any
and all vessels to stop immediately.
(3) Spectators are required to maintain a safe distance from the
race course at all times.
(c) Dates: These regulations become effective annually at 12 p.m.
and terminate at 4 p.m. EDT on the third Sunday in April.
Dated: February 3, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 98-3911 Filed 2-13-98; 8:45 am]
BILLING CODE 4910-14-M
