[Federal Register Volume 60, Number 136 (Monday, July 17, 1995)]
[Rules and Regulations]
[Pages 36355-36356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17492]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD07-95-008]
RIN 2115-AE46


Special Local Regulations: City of Miami Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special local regulations are being adopted for the Miami 
Super Boat National Championship. The event will be held on September 
10, 1995, from 12 p.m. EDT (Eastern Daylight Time) until 3:30 p.m. EDT. 
The regulations are needed to provide for the safety of life on 
navigable waters during the event.

EFFECTIVE DATES: These regulations are effective on September 10, 1995 
at 11:30 a.m. EDT and terminate at 4:30 p.m. EDT that day. In the event 
of inclement weather, an alternate rain date of September 11, 1995 is 
established with these same times.

ADDRESSES: Documents referred to in this preamble are available for 
inspection or copying from at the offices of Coast Guard Group Miami, 
FL, 100 Macarthur Causeway, Miami Beach, FL 33139 between 7 a.m. and 
3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
LTJG B.E. Dailey, Coast Guard Group Miami, Florida at (305) 535-4492.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. Sec. 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 to publish 
proposed rules in advance of the event.

Drafting Information

    The drafters of these regulations are LTJG Bryan E. Dailey, Project 
Officer, USCG Group Miami, and LT Jacqueline Losego, Project Attorney, 
Seventh Coast Guard District Legal Office.

[[Page 36356]]


Discussion of Regulations

    Super Boat Racing, 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 hours on the day of the event.
    Since the impact of this rule is expected to be minimal, the Coast 
Guard certifies that it will not have a significant economic impact on 
a substantial number of small entities.

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 accordance with that section, 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 the office listed in the ``ADDRESSES'' section above. 
As a condition to the permit, the applicant is required to educate the 
event participants regarding the possible presence of manatees and the 
appropriate precautions to take if the animals are sighted.

List of Subjects in 33 CFR Part 100

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

Final Regulation

    In consideration of the foregoing, Part 100 of Title 33, Code of 
Federal Regulations, is amended as follows:
    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 100.35T07-008 is added to read as follows:


Sec. 100.35T07-008  City of Miami Beach, FL

    (a) Regulated Area:
    (1) A regulated area is established by a line joining the following 
points:

25 deg. 45'.5N, 080 deg. 07'.8W; thence to,
25 deg. 45'.3N, 080 deg. 06'.4W; thence to,
25 deg. 51'.2N, 080 deg. 05'.7W; thence to,
25 deg. 51'.35N, 080 deg. 07'.1W; thence along the shoreline to the 
starting point.

    (2) A spectator area is established in the regulated area for 
spectator traffic and is defined by a line joining the following 
points, starting from:

25 deg. 46'.35N, 080 deg. 06'.8W; thence to,
25 deg. 45'.3N, 080 deg. 06'.4W; thence to,
25 deg. 51'.2N, 080 deg. 05'.7W; thence to,
25 deg. 51'.3N, 080 deg. 06'.2W; and back to the starting point.

    (3) A buffer zone of 300 feet separates the race course and the 
spectator areas.
[NAD 83]
    (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 dates: This section is effective on September 10, 
1995 at 11:30 a.m. EDT and terminate on 4:30 p.m. EDT that day. In the 
event of inclement weather, an alternate rain date of September 11, 
1995 is established with these same times.

    Dated: June 8, 1995.
William P. Leahy,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 95-17492 Filed 7-14-95; 8:45 am]
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