[Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
[Proposed Rules]
[Pages 53344-53345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26148]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CCGD07-96-049]
RIN 2115-AE46


Special Local Regulations; Key West Super Boat Race; Key West, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent special local 
regulations for the Key West Super Boat Race sponsored by Super Boat 
Racing, Inc. The Key West Super Boat Race would be held annually on the 
second Wednesday and Saturday in November, between 10 a.m. and 4 p.m. 
EST (Eastern Standard Time). These proposed regulations are intended to 
promote safe navigation on the waters in the Atlantic Ocean in the 
vicinity of Key West, Florida, by controlling the traffic entering, 
existing, and traveling within these waters. These proposed regulations 
are necessary to provide for the safety of life on navigable waters 
during the event.

DATES: Comments must be received on or before November 12, 1996.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Key West, 
Key West, Florida 33040-0005, or may be delivered to operations office 
at the same address between 8 a.m. and 4 p.m. EST, Monday through 
Friday, except federal holidays. The telephone number is (305) 292-
8727. 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 Kent, Project Officer, USCG Group 
Key West, (305) 292-8727.

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 (CGD07-96-049) 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 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 special local regulations are needed to provide for 
the safety of life during the Key West Super Boat Race. These proposed 
regulations are intended to promote safe navigation on the waters in 
the Atlantic Ocean in the vicinity of Key West, Florida, by controlling 
the traffic entering, existing, and traveling within these waters. 
Historically during these races, there have been approximately 80 power 
boats and 100 spectator craft. The anticipated concentration of event 
participating vessels and spectator craft associated with the Key West 
Super Boat Race poses a safety concern, which is addressed in these 
special local regulations. The Key West Super Boat Race would be held 
annually from 10 a.m. to 4 p.m. EST, on the second Wednesday and 
Saturday in November.
    These proposed regulations would establish a regulated navigation 
area for all navigable waters within the area as bounded by the 
following points:

24-33.65N 081-48.47W; thence to,
24-33.95N 081-48.30W; thence to,
24-34.05N 081-48.45W; thence to,
24-33.58N 081-48.70W; thence to,
24-31.18N 081-51.10W; thence to,
24-31.18N 081-48.88W; thence to,
24-32.94N 081-48.82W.

All coordinates reference use datum: NAD 1983. Entry into this proposed 
regulated area would be prohibited to all vessels except event 
participants, unless otherwise authorized by the patrol commander. A 
succession of not less than 5 short whistle or horn blasts from a 
patrol vessel would be the signal for any non-event participating 
vessel to take immediate steps to avoid collision. The display of a red 
distress flare from a patrol vessel would be a signal for any and all 
vessels to stop immediately.

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)(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 proposed regulated 
area would be prohibited for only 6 hours on 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 the economic impact on small entities 
of a rule for which a general notice of proposed

[[Page 53345]]

rulemaking is required. ``Small entities'' may include (1) small 
businesses and not-for-profit organizations that are independently 
owned and operated and are not dominant in their fields and (2) 
governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies that, if adopted, it will not have a 
significant economic impact on a substantial number of small entities 
because entry into this proposed regulated area would be prohibited for 
only 6 hours on each day of the event. 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 comments explaining why you think it 
qualifies and what way and to what degree this rule will economically 
affect it.

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 proposal has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612, and it has been 
determined that the proposed rulemaking does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
proposal consistent with Section 2.B.2. of Commandant Instruction 
M16475.1B (as revised by 59 FR 38654, July 29, 1994). In accordance 
with that instruction, specifically section 2.B.2.b.(2), this proposal 
has been environmentally assessed (EA completed), and the Coast Guard 
has determined that it would not significantly affect the quality of 
the human environment. An environmental assessment and finding of no 
significant impact have been prepared. Furthermore, as a condition to 
the permit, the applicant will be required to educate the operators of 
spectator craft and parade 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.

Proposed Regulations

    In consideration of the foregoing, the Coast Guard is proposing to 
amend Part 100 of Title 33, Code of Federal Regulations, 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 100.722 is added to read as follows:


Sec. 100.722  Annual Key West Super Boat Race; Key West, FL.

    (a) Definitions.
    (1) Regulated area. All navigable waters within the area bounded by 
the following points:

24-33.65N, 081-48.47W; thence to,
24-33.95N, 081-48.30W; thence to,
24-34.05N, 081-48.45W; thence to,
24-33.58N, 081-48.70W; thence to,
24-31.18N, 081-51.10W; thence to,
24-31.18N, 081-48.88W; thence to,
24-32.94N, 081-48.82W.

All coordinates reference use datum: NAD 1983.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the United States Coast 
Guard who has been designated by Coast Guard Group Key West, Florida.
    (b) Special Local Regulations.
    (1) Entry into the regulated navigation area, by other than event 
participants, is prohibited unless otherwise authorized by the patrol 
commander.
    (2) A succession of not less than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any non-event participating 
vessel to take immediate steps to avoid collision. The display of a red 
distress flare from a patrol vessel will be a signal for any and all 
vessels to stop immediately.
    (c) Effective Dates. This section is effective at 10 a.m. and 
terminates at 4 p.m. annually on the second Wednesday and Saturday in 
November.

    Dated: September 11, 1996.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 96-26148 Filed 10-10-96; 8:45 am]
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