[Federal Register Volume 62, Number 52 (Tuesday, March 18, 1997)]
[Rules and Regulations]
[Pages 12750-12751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6735]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07 97-008]
RIN 2115-AE46
Special Local Regulations; Miami Beach, FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: Special local regulations are being adopted for the Miami
Super Boat Race. The event will be held on April 20, 1997, 1000 feet
off the Miami Beach shore from 12:30 p.m. EDT (Eastern Daylight Time)
until 3:30 p.m. The regulations are needed to provide for the safety of
life on navigable waters during the event.
EFFECTIVE DATE: These regulations become effective at 11:30 a.m. and
terminate at 4:30 p.m. EDT on April 20, 1997.
FOR FURTHER INFORMATION CONTACT:
QMC T.E. Kjerulff, Coast Guard Group Miami, Florida at (305) 535-4448.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, good cause
exists for making these regulations effective without publication of a
notice of proposed rulemaking. Final environmental replies concerning
these regulations were only received in this office in early February.
Publishing a NPRM and delaying its effective date would be contrary to
national safety interests, since immediate action is needed to minimize
potential danger to the public due to an expected large concentration
of participant and spectator craft.
Discussion of Regulations
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 craft. 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 craft in the area,
creating an extra or unusual hazard in the navigable waterways.
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. 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 regulated area is
prohibited for only 5.0 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 rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated businesses that are
not dominant in their field and that otherwise qualify as ``small
business concerns'' under section 3 of the Small Business Act (15
U.S.C. 632).
The Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), that this rule will not have a
significant economic impact on a substantial number of small entities
because the regulations will only be in effect for a total of 5 hours
in a limited area.
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 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
action consistent with Section 2.B. of Commandant Instruction
M16475.1B. In
[[Page 12751]]
accordance with that section, specifically sections 2.B.4 and 2.B.5,
this action has been environmentally assessed (EA completed), and the
Coast Guard has determined that it will 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 inspection and copying from QMC T.E. Kjerulff, Coast Guard Group
Miami, Florida, (305) 535-4448.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary Regulations
In consideration of the foregoing, part 100 of title 33, Code of
Federal Regulations, is amended 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. A temporary section 100.35T-07-007 is added to read as follows:
Sec. 100.35T-07-007 Miami Beach, FL.
(a) Regulated Area.
(1) A regulated area is established by a line joining the following
points:
25 deg.46'.3 N, 080 deg.07'.85 W; thence to,
25 deg.46'.3 N, 080 deg.06'.82 W; thence to,
25 deg.51'.3 N, 080 deg.06'.2 W; thence to,
25 deg.51'.3 N, 080 deg.07'.18 W; thence along the shoreline to the
starting point. All coordinates reference Datum: NAD 1983.
(2) A spectator area is established in the vicinity of the
regulated area for spectator traffic and is defined by a line joining
the following points, beginning from:
25 deg.51'.3 N, 080 deg.06'.15 W; thence to,
25 deg.51'.3 N, 080 deg.05'.85 W; thence to,
25 deg.46'.3 N, 080 deg.06'.55 W; thence to,
25 deg.46'.3 N, 080 deg.06'.77 W; and back to the starting point. All
coordinates reference Datum: NAD 1983.
(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 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 5 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) Effective date. These regulations become effective at 11:30
a.m. and terminate at 4:30 p.m. EDT on April 20, 1997.
Dated: March 3, 1997.
R.C. Olsen, Jr.,
Acting Captain U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 97-6735 Filed 3-17-97; 8:45 am]
BILLING CODE 4910-14-M
