[Federal Register Volume 61, Number 238 (Tuesday, December 10, 1996)]
[Rules and Regulations]
[Pages 64991-64992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31090]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-96-068]
RIN 2115-AE46


Special Local Regulations; Rada Fajardo, East of Villa Marina, 
Fajardo, PR

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special local regulations are being adopted for the AC Delco 
Offshore Invitational. This event will be held from 1 p.m. AST 
(Atlantic Standard Time) to 2:30 p.m. AST on December 15, 1996, on the 
waters of Rada Fajardo, due East of Villa Marine, Fajardo, Puerto Rico. 
During this event, race boats will be competing at high speeds with 
numerous spectator craft in the area, creating an extra or unusual 
hazard on the navigable waterways. Therefore, these regulations are 
necessary to provide for the safety of life on the navigable waters 
during the event.

EFFECTIVE DATE: These regulations become effective from 12:30 p.m. AST 
to 3 p.m. AST, December 15, 1996.


[[Page 64992]]


FOR FURTHER INFORMATION CONTACT: LTJG D. L. Garrison, Project Officer, 
Coast Guard Greater Antilles Section, Puerto Rico, at (787) 729-6800, 
extension 227.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking has not been published for these regulations and 
good cause exists for making them effective in less than 30 days from 
the date of publication. Following normal rulemaking procedures would 
have been impracticable, because the permit application was received by 
the unit less than six weeks before the scheduled date for the event.

Discussion of Regulations

    The event requiring these regulations is the AC Delco Offshore 
Invitational. This event will be held from 1 p.m. AST to 2:30 p.m. AST 
on December 15, 1996, in the waters of Rada Fajardo due east of Villa 
Marine, Fajardo, Puerto Rico. 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. These regulations are 
required to provide for the safety of life on the navigable waters 
during the running of the AC Delco Offshore Invitational.
    These regulations will establish a regulated area in the waters of 
Rada Fajardo, due East of Villa Marine, Fajardo, Puerto Rico, starting 
at 18-20. 0N, 065-37.2W, then North to 18-22.4N, 065-37.2W, then North 
East to 18-23.2N, 065-36.1W, then South East to 18-22.0N, 065-34.8W, 
then South to 18-20.0N, 065-34.8W and back to origin. All coordinates 
referenced use Datum: NAD 1983.

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)(f) 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 action 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 a limited area 
off the coast of Puerto Rico and entry into this area will be 
prohibited for only 2\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 rulemaking will have a 
significant impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under Section 3 of the Small Business Act 
(15 U.S.C. 632).
    The Coast Guard certifies under 5 U.S.C. 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not 
have a significant economic impact on a substantial number of small 
entities. The regulated area encompasses a limited area and will be in 
effect for only 2\1/2\ hours on the day of the event.

Collection of Information

    These regulations contain 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 rulemaking does not have sufficient federalism implications 
to warrant the prepartion of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action consistent with Section 2.B.2. of Commandant Instruction 
M16475.1B. In accordance with that instruction section 2.B.4.g., this 
action has been environmentally assessed (EA completed), and the Coast 
Guard has concluded 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 LTJG D. L. Garrison, Coast Guard Section, Greater 
Antilles, San Juan, Puerto Rico, (787) 729-6800, extension 227. As a 
condition to the permit, the applicant is required to conduct a survey 
of the race course one hour prior to the event to ensure no manatees or 
sea turtles are in the vicinity, to educate the operators of 
participant and spectator craft regarding the possible presence of 
manatees and sea turtles, 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.

Temporary Regulations

    For reasons set out in the preamble, the Coast Guard amends 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 temporary section 100.35-T96-068 is added as follows:


Sec. 100.35-T96-068  AC Delco Offshore Invitational; Fajardo, PR.

    (a) Definitions--(1) Regulated Area. A regulated area is 
established for the navigable waters of Rada Fajardo, due East of Villa 
Marine, Fajardo, Puerto Rico, starting at 18-20.0N, 065-37.2W, then 
North to 18-22.4N, 065-37.2W, then North East to 18-23.2N, 065-36.1W, 
then South East to 18-22.0N, 065-34.8W, then South to 18-20.0N, 065-
34.8W and back to origin. All coordinates referenced use Datum: NAD 
1983.
    (2) 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 the Commander, Coast Guard Section, Greater 
Antilles.
    (b) Special Local Regulations. (1) Entry into the regulated area by 
other than event participants is prohibited, unless otherwise 
authorized by the Patrol Commander.
    (2) Spectator craft are required to remain in a spectator area to 
be established by the event sponsor west of Isle Palominos.
    (3) At the discretion of the Patrol Commander, between scheduled 
racing events, traffic may be permitted to resume normal operations. 
After termination of the AC Delco Offshore Invitational on December 15, 
1996, all vessels may resume normal operation.
    (4) Temporary buoys will be used delineate the course.
    (c) Effective Date. This section becomes effective from 12:30 p.m. 
AST to 3 p.m. AST, on December 15, 1996.

    Dated: November 15, 1996.
J.D. Hull,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 96-31090 Filed 12-9-96; 8:45 am]
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