[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Proposed Rules]
[Pages 7741-7743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3911]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07 98-003]
RIN 2115-AE46


Special Local Regulations; Miami Beach, Florida

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 Miami Super Boat Race. This event will be held 
annually

[[Page 7742]]

on the third Sunday of April 1000 feet offshore Miami Beach, between 12 
p.m. and 4 p.m. Eastern Daylight Time (EDT). The regulations are 
necessary to provide for the safety of life on navigable waters during 
the event.

DATES: Comments must be received on or before March 19, 1998.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Miami, 100 
MacArthur Causeway, Miami Beach, Florida 33139, or may be delivered to 
the Operations Department at the same address between 7 a.m. and 3:30 
p.m., Monday through Friday, except federal holidays. The telephone 
number is (305) 535-4407. 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:
LTJG J. Delgado, Coast Guard Group, Miami, FL at (305) 535-4409.

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 this rulemaking (CGD07-98-003), 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. The Coast Guard plans no public hearing. Persons may request 
a public hearing by writing to the address under ``ADDRESSES'' and 
stating why a hearing would be beneficial. If it determines that the 
opportunity to make oral presentations will add to the rulemaking 
process, the Coast Guard will hold a public hearing at a time and place 
announced by a notice in the Federal Register.

Background and Purpose

    Super Boat International Productions, 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 crafts. 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 crafts in the area, 
creating an extra or unusual hazard in the navigable waterways. The 
proposed regulations will create regulated areas for the competing 
vessels and for spectator craft.

Regulatory Evaluation

    This proposal 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 
proposed rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. Entry into the regulated area is prohibited for only four 
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 proposed rule, if adopted, will 
have a significant economic impact on a substantial number of small 
entities. ``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdiction with 
populations of less than 50,000.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule, if adopted, would not have a significant economic 
impact on a substantial number of small entities as the regulations 
would only be in effect for approximately four hours for one day each 
year. 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 a comment (see ADDRESSES) explaining why you think it qualifies 
and in what way and to what degree this proposed 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 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 
proposal consistent with Section 2.B.2 of Commandment Instruction 
M16475.1B. In accordance with that section, this proposal 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 a Finding of No 
Significant Impact have been prepared and are available in the docket 
for inspection or copying.

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 proposes to 
amend Part 100 of Title 33, Code of Federal Regulations, as follows:

PART 100--[AMENDED]

    1. The authority citation for Part 100 continued to read as 
follows:

    Authority: 33 U.S.C. 1233, 49 CFR 1.46 and 33 CFR 100.35.

    2. A new Sec. 100.730 is added to read as follows:


Sec. 100.730  Annual Miami Super Boat Race; Miami Beach, Florida.

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

25-46.3N, 080-07.85W; thence to,
25-46.3N, 080-06.82W; thence to,
25-51.3N, 080-06.2W; thence to,
25-51.3N, 080-07.18W; thence along the shoreline to the starting point. 
All coordinates referenced use Datum: NAD 83.

    (2) A spectator area is established in the vicinity of the 
regulated area for spectator traffic and is defined by a lien joining 
the following points, beginning from:

25-51.3N, 080-06.15W; thence to,
25-51.3N, 080-05.85W; thence to,
25-46.3N, 080-06.55W; thence to,
25-46.3N, 080-06.77W; and back to the starting point. All coordinates 
referenced use Datum: NAD 83.

    (3) A buffer zone of 300 feet separates the race course and the 
spectator areas.
    (b) Special local regulations:
    (1) Entry into the regulated area by other than event participants 
is prohibited unless otherwise authorized

[[Page 7743]]

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 five 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) Dates: These regulations become effective annually at 12 p.m. 
and terminate at 4 p.m. EDT on the third Sunday in April.

    Dated: February 3, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 98-3911 Filed 2-13-98; 8:45 am]
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