Regattas and marine parades: Puerto Rico International Cup,

[Federal Register: August 31, 1999 (Volume 64, Number 168)]

[Proposed Rules]

[Page 47461-47462]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr31au99-48]

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: Notice of proposed rulemaking.

SUMMARY: Temporary special local regulations are being proposed for the Puerto Rico International Cup, in Fajardo, Puerto Rico. The event will be held from 1 p.m. to 2:30 p.m. Atlantic Standard Time (AST) 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: Comments must be received on or before November 1, 1999.

ADDRESSES: Comments may be mailed to Commander, U.S. Coast Guard Greater Antilles Section (aton), P.O. Box S-3666, San Juan, Puerto Rico 00902, or may be delivered to the Aids to Navigation Office at the Coast Guard Base in Old San Juan between 7:30 a.m. and 3:30 p.m. Monday through Friday, except federal holidays. The telephone number is (787) 729-5381.

FOR FURTHER INFORMATION CONTACT: Mr. John Reyes at (787) 729-5381.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in this rulemaking by submitting written data, views, or arguments. Persons submitting comments should include their name and address, identify this rulemaking (CGD07-99-057) and the specific section of this proposal to which each comment applies, and give a reason for each comment.

The Coast Guard will consider all comments received during the comment period. It may change this proposal in the view of the comments. The Coast Guard plans no public hearing. Persons may request a public hearing by writing to the address under ADDRESSES. The request should include the reasons why a hearing would be beneficial. If the Coast Guard determines that the opportunity for oral presentations will aid this rulemaking, it will hold a public hearing at the time and place announced by a notice in the Federal Register.

Background and Purpose

These proposed regulations would create a regulated area offshore Fajardo, that would prohibit 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, Fajardo, Puerto Rico.

Regulatory Evaluation

This proposed 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)(f) of that order. The Office of Management and Budget has excepted it from review 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

[[Page 47462]]

Coast Guard expects the economic impact of this proposal 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 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 proposed rulemaking will have a significant economic impact on a substantial number of small entities. Small entities include small business, not-for-profit organizations that are independently owned and operated and are not dominant under their fields, and governmental jusridictions with populations of less than 50,000.

Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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.

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

This proposed rule contains 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 proposed rulemaking does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the environmental impact of this proposed rule consistent with Figure 2-1, paragraph 34(h) of Commandant Instruction M16475.1C, and has determined that this action is categorically excluded from further environmental documentation.

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 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) Regulations: Entry into the regulated area by other than event participants is prohibited, unless otherwise authorized by the Patrol Commander. Spectator craft are required to remain in a spectator area to be established by the event sponsor, the Puerto Rico Offshore Association.

   (d) Dates: This section is effective at 12 p.m. and terminates at 3:30 p.m. AST on December 5, 1999.

   Dated: August 11, 1999. G.W. Sutton, Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District, Acting.

   [FR Doc. 99-22655Filed8-30-99; 8:45 am]

   BILLING CODE 4910-15-P