Regattas and marine parades: Columbus Day Regatta,

[Federal Register: September 20, 1999 (Volume 64, Number 181)]

[Rules and Regulations]

[Page 50757-50758]

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

[DOCID:fr20se99-8]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-99-063]

RIN 2115-AE46

Special Local Regulations; Biscayne Bay, Miami, Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Temporary Special Local Regulations are being adopted for the Columbus Day Regatta. The event will be held in Biscayne Bay from 9 a.m. to 5 p.m. Eastern Daylight Time (EDT) on October 9 and 10, 1999. These regulations are needed to provide for the safety of life on navigable waters during the event.

DATES: These regulations become effective at 9 a.m. and terminate at 5 p.m. EDT each day on October 9 and 10, 1999.

FOR FURTHER INFORMATION CONTACT: BM1 J. P. Storey Coast Guard Group Miami, Florida at (305) 535-4472.

SUPPLEMENTARY INFORMATION:

Background and Purpose

Columbus Day Regatta, Inc., is sponsoring a sail boat race, with approximately 500 sailboats, ranging in length form 20 to 60 feet participating in the event. The race will take place in Biscayne Bay from Dinner Key to Soldier Key on October 9 and 10, 1999. There will also be approximately fifty (50) spectator craft. These regulations are intended to promote safe navigation on the waters of Biscayne Bay by controlling the traffic entering, exiting, and traveling within the regulated area.

In accordance with 5 U.S.C. 553, a notice of proposed rulemaking has not been published for these regulations. Following normal rulemaking procedures would have been impracticable, as there was not sufficient time remaining after the receipt of the permit request to publish proposed rules in advance of the event or to provide for a delayed effective date.

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. The Office of Management and Budget has exempted 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 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 approximately 8 hours each day of the event and the regulated area does not block any channels.

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 small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their field, and governmental jurisdictions with populations of less than 50,000.

Therefore, the Coast Guard certifies that this rule will not have a significant economic impact on a substantial number of small entities, as the regulations will only be in effect a total of two days in areas of limited commercial traffic.

Collection of Information

This 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 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 and has determined under Figure 2-1, paragraph 34(h) of Commandant Instruction M16475.1C, that this rule is categorically excluded from further environmental documentation.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways.

Temporary Regulations: In consideration of the foregoing, the Coast Guard amends 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-07-063 to read as follows:

    Sec. 100.35T-07-063 Columbus Day Regatta Sail Boat Race, Miami, FL

    (a) Regulated Area: A regulated area is established for the race by joining the following points (All coordinates referenced use Datum NAD:83):

    (1) 25 deg.43'399''N, 080 deg.12'500''W

    (2) 25 deg.43'399''N, 080 deg.10'500''W

    (3) 25 deg.33'000''N, 080 deg.11'500''W

    (4) 25 deg.33'000''N, 080 deg.15'900''W

    (5) 25 deg.40'000''N, 080 deg.15'000''W.

    (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 exhibitions, and departure of participants from the regulated areas,

    [[Page 50758]]

    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 racecourse at all times.

    (c) Dates. This section is effective at 9 a.m. and terminates at 5 p.m. EDT each day on October 9 and 10, 1999.

    Dated: September 3, 1999. G.W. Sutton, Captain U.S. Coast Guard, Acting Commander, Seventh Coast Guard District.

    [FR Doc. 99-24402Filed9-17-99; 8:45 am]

    BILLING CODE 4910-15-P

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