[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Proposed Rules]
[Pages 13122-13123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7303]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD07-96-018]
RIN 2115-AE46
Special Local Regulations; Miami Super Boat Race; Miami Beach, FL
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish permanent special
local regulations for the Miami Super Boat Race. This event will be
held annually on the second Sunday of June, between 12:30 p.m. and 3:30
p.m. Eastern Daylight Time. Historically, there have been approximately
35 participant and 200 spectator craft. The resulting congestion of
navigable channels creates an extra or unusual hazard in the navigable
waters. These proposed regulations are necessary to provide for the
safety of life on navigable waters during the event. By establishing
these proposed permanent regulations, the Coast Guard expects to give
better notice of requirements related to marine events, and also avoid
the recurring costs of publication related with temporary regulations.
However, the establishment of these proposed permanent regulations
would not relieve the event organizers from applying for an annual
marine event permit.
DATES: Comments must be received on or before May 15, 1996.
ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Miami, 100
Macarthur Causeway, Miami Beach, FL 33139-5101 or may be delivered to
operations office at the same address between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays. The telephone number is (305)
535-4448. 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 T. E. Kjerulff, Coast Guard Group Miami, FL at (305) 535-4448.
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 (CGD07-96-018) 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 the 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 regulations are needed to provide for the safety of
life during the Miami Superboat Race. This event will be held annually
on the second Sunday of June, between 12:30 p.m. and 3:30 p.m. Eastern
Daylight Time. These regulations are intended to promote safe
navigation on the waters off Miami Beach during the races by
controlling the traffic entering, exiting, and traveling within these
waters. Historically, there have been approximately 35 participant and
200 spectator craft during the race. The anticipated concentration of
spectator and participant vessels associated with the Miami Super Boat
Race poses a safety concern, which is addressed in these proposed
special local regulations. The resulting congestion of navigable
channels creates an extra or unusual hazard in the navigable waters.
These regulations are intended to promote safe navigation on the waters
off Miami Beach during the race by restricting vessels from entering
the race area described below and permit anchoring only in the
designated spectator area.
The proposed race area would be formed 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 referenced use datum: NAD 1983.
A spectator area would be established in the regulated area for
spectator traffic and would be 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 referenced use datum: NAD 1983. The proposed
regulation would also include a buffer zone of 300 feet between the
race course and the spectator area defined above.
Entry into the proposed regulated area by other than event
participants would be prohibited unless otherwise authorized by the
Coast Guard Patrol Commander. However, the Coast Guard Patrol Commander
could at his discretion permit traffic to resume normal operations
between scheduled racing events.
The proposed regulations would also establish safety measures of 5
short whistle or horn blasts from a patrol vessel to signal any and all
vessels to take immediate steps to avoid collision. The display of an
orange distress smoke signal from a patrol vessel would be the signal
for any and all vessels to stop immediately. All spectators not in the
designated spectator areas above would be required to remain clear of
the race area at all times.
Regulatory Evaluation
This proposal is not a significant regulatory action under Section
3(f) of the Executive Order 12866 and does not require an assessment of
the 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
[[Page 13123]]
full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary. The proposed regulation
would last for only 4 hours 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 this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small 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).
For reasons set forth in the above Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted,
would not have a significant economic impact on a substantial number of
small entities.
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 and has concluded that preparation of an Environmental Impact
Statement is not necessary. An Environmental Assessment and Finding of
No Significant Impact are available in the docket for inspection or
copying where indicated under ADDRESSES. The Coast Guard has concluded
that this proposed action would not significantly affect the quality of
the human environment.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and record keeping
requirements, Waterways.
Proposed Regulations
in consideration of the foregoing, Part 100 of Title 33, Code of
Federal Regulations, is proposed to be amended 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 100.714 is added to read as follows:
Sec. 100.714 Annual Miami Super Boat Race; Miami Beach, FL.
(a) Definitions: (1) Regulated Areas. The regulated area includes
the race course area, the spectator area, and a buffer zone.
(i) The race course area is formed 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 referenced use datum: NAD 1983.
(ii) A spectator area is established in 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 referenced use datum: NAD 1983.
(iii) A buffer zone of 300 feet is established between the race
course and the spectator area.
(2) 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 the Captain of the Port, Miami, Florida.
(b) Special local regulations: (1) Entry into the race course area
by other than event participants is prohibited unless otherwise
authorized by the Coast Guard 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 Coast
Guard 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 a 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 not in the designated spectator areas, defined in
paragraph (a) of the regulated area, are required to maintain clear of
the race course area at all times.
(c) Effective Dates: This section is effective at 12 p.m. and
terminates at 4 p.m. Eastern Daylight Time annually during the second
Sunday of June.
Dated: March 14, 1996.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 96-7303 Filed 3-25-96; 8:45 am]
BILLING CODE 4910-14-M
