[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Rules and Regulations]
[Pages 45668-45669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21691]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07 95-028]
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 
Offshore Grand Prix. The event will be held on September 3, 1995 from 
11 a.m. EDT (Eastern Daylight Time) until 3 p.m. EDT. The regulations 
are needed to provide for the safety of life on navigable waters during 
the event.

EFFECTIVE DATE: These regulations become effective on September 3, 1995 
at 10:30 a.m. EDT and terminate at 3:30 p.m. EDT that day. In the event 
of inclement weather, an alternate rain date of September 4, 1995 is 
established with these same times.

ADDRESSES: The Environmental Assessment and Finding of No Significant 
Impact for this rulemaking are available for inspection and copying at 
Coast Guard Group Miami, 100 MacArthur Causeway, Miami Beach, Florida.

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 or to provide for a delayed effective date.

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.

Discussion of Regulations

    Offshore Power Boat Racing Association, is sponsoring a high speed 
power boat race with approximately sixty-five (65) race boats, ranging 
in length from 24 to 50 feet, participating in the event. There will be 
approximately two hundred (200) spectator craft. The proposed race 
course includes Government Cut, Miami, Florida, and the Atlantic Ocean 
offshore Miami Beach, Florida. 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 proposal is expected to be minimal, the 
Coast Guard certifies that, if adopted, 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 has been prepared and are available for inspection 
and copying from LTJG B. Dailey, Coast Guard Group Miami, Florida, 
(305) 535-4492. 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).

Regulations

    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 100.35-T07-028 is added to read as follows:


Sec. 100.35-T07-028  City of Miami Beach, FL.

    (a) Regulated Area:
    (1) The regulated area begins from that portion of Miami Main 
Channel at approximate position 25 deg.45'57'' N, 080 deg.08'42'' W, 
thence to the southern entrance to the Miami Beach Marina 

[[Page 45669]]
and approximate position 25 deg.46'10'' N, 080 deg.08'28'' W, thence 
south east along the shore to the Western end of Bar Cut to lighted 
buoy 10 (Light list number 9395) approximate position 25 deg.45'39'' N, 
080 deg.07'29'' W, thence Westward along the Government Cut North Jetty 
to shore and the shoreline to approximate position 25 deg.48'13'' N, 
080 deg.07'06'' W, thence east approximately 2.4 nautical miles to 
approximate position 25 deg.48.13' N, 080 deg.05'51'' W, thence south 
to approximate position 25 deg.45'05'' N, 080 deg.06'45'' W, thence 
west bearing 295 deg. true to Fisher Island. The regulated area then 
follows the shoreline of Fisher Island North and West to approximate 
position 25 deg.45'51'' N, 080 deg.08'42'' W, thence back to the 
starting point.
    (2) In the Event that sea conditions make it unsafe for the race 
course to transit through Government Cut, an alternate regulated area 
has been established by a line joining the following points: 
25 deg.46'50'' N, 080 deg.07'60'' W; thence to 25 deg.46'50'' N, 
080 deg.07'80'' W; thence to, 25 deg.49'20'' N, 080 deg.06'80'' W; 
thence to 25 deg.51'10'' N, 080 deg.06'70''; thence to 25 deg.51'00'' 
N, 080 deg.07'10'' W; thence to along the shoreline to the starting 
point.
    (b) Special local regulations:
    (1) Entry into the regulated area by other than authorized parade 
participants or official patrol vessels 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) The regulated area will be enforced by a regatta patrol. The 
Coast Guard Patrol Commander will be monitoring VHF-FM channels 16 and 
22A. Guide boats will be stationed along the parade route to mark the 
major course changes.
    (3) 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.
    (4) Spectators are required to maintain a safe distance from the 
race course at all times, including 300 yards from those portions of 
the course where the participants will be engaging in high speed turns, 
and 100 yards to the Eastern side of the Atlantic Ocean portion of the 
course. Spectators shall maintain 100 yards distance on either side of 
participating vessels along the race route in Bar and Government Cuts 
as described in paragraph (a)(1).
    (c) Effective dates: This section becomes effective on September 3, 
1995 at 10:30 a.m. EDT and terminates on 3:30 p.m. EDT that day. In the 
event of inclement weather, an alternate rain date of September 4, 1995 
is established with these same times.

    Dated: August 10, 1995.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 95-21691 Filed 8-31-95; 8:45 am]
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