[Federal Register Volume 61, Number 238 (Tuesday, December 10, 1996)]
[Rules and Regulations]
[Pages 64993-64994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31091]



[[Page 64993]]

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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD07-96-049]
RIN 2115-AE46


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent special local 
regulations for the Key West Super Boat Race sponsored by Super Boat 
Racing, Inc. The Key West Super Boat Race will be held annually on the 
second Wednesday and Saturday in November, between 10 a.m. and 4 p.m. 
EST (Eastern Standard Time). These 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, exiting, and 
traveling within these waters. These regulations are necessary to 
provide for the safety of life on navigable waters during the event.

EFFECTIVE DATE: January 9, 1997.

FOR FURTHER INFORMATION CONTACT: QMC Kent, Project Officer, USCG Group 
Key West, (305) 292-8727.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On October 11, 1996, the Coast Guard published a notice of proposed 
rulemaking entitled Key West Super Boat Race; Key West, FL [CGD07-96-
049] in the Federal Register (61 FR 53344). The comment period ended on 
November 12, 1996. The Coast guard received no comments during the 
notice of proposed rulemaking comment period. A public hearing was not 
requested and no hearing was held.

Background and Purpose

    These special local regulations are needed to provide for the 
safety of life during the Key West Super Boat Race. The 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, exiting, 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 will be held 
annually from 10 a.m. to 4 p.m. EST, on the second Wednesday and 
Saturday in November.
    These regulations will establish a regulated area for all navigable 
waters within a line drawn through 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 will 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 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.

Regulatory Evaluation

    These regulations are 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 rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary, because entry into the regulated area 
will 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 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 this rule will not have a 
significant economic impact on a substantial number of small entities, 
because entry into this regulated area will be prohibited for only 6 
hours on each 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 preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
rule 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 rule 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 and are available for copying and 
inspection. 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, Waterays.

Final 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 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 a line drawn 
through the following points:

24-33.65, 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,

[[Page 64994]]

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 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: November 15, 1996.
J.D. Hull
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 96-31091 Filed 12-9-96; 8:45 am]
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