[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Rules and Regulations]
[Pages 34812-34813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17070]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-98-037]
RIN 2115-AE46


Special Local Regulations; Cellular One Offshore Cup; San Juan 
Bay and North of Old San Juan, Puerto Rico

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Temporary special local regulations are being adopted for the 
1998 Cellular One Offshore Cup. The event will be held from 1 p.m. to 
2:30 p.m. Atlantic Standard Time (AST) on June 28, 1998, in San Juan 
Bay and North of Old San Juan, Puerto Rico. These regulations are 
needed to provide for the safety of life on navigable waters because of 
the expected number of spectator craft in the vicinity of the 
racecourse.

DATES: These regulations become effective at 12:30 p.m. and terminate 
at 3 p.m. AST on June 28, 1998.

ADDRESSES: Documents as indicated in the preamble may be made available 
for inspection or copying at La Puntilla Finale, San Juan, PR 00902 
between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT:
LT D.L. Garrison at (787) 729-6800, extension 227.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    On June 28, 1998, there will be 20 high speed offshore power boats 
racing on a fixed course in San Juan Bay, the bay entrance around Punta 
El Morro, east 2 n.m. along the coast to Penon San Jorge, then back 
around into the bay. 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 navigable waters during the running 
of the 1998 Cellular One Offshore Cup.
    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 after Federal Register 
publication. Publishing a NPRM and delaying its effective date would be 
contrary to national safety interests since immediate action is needed 
to minimize potential danger to the public, as the exact date of the 
race

[[Page 34813]]

was only established less than 3 weeks prior to the event.

Regulatory Evaluation

    This rule 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 
proposal 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 San Juan Bay, the bay 
entrance, and the waters extending to \1/2\ n.m. offshore of Old San 
Juan from Punta El Morro East to Penon San Jorge, entry into which is 
only prohibited for 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 rule 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 
field and governmental jurisdictions with populations of less than 
50,000.
    Therefore, the Coast Guard certifies under section 605(b) that this 
rule will not have a significant effect upon a substantial number of 
small entities, as these regulations will only be in effect in a 
limited area in the vicinity of San Juan for three hours on the day of 
the event.

Collection of Information

    This rule contains 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.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action consistent with figure 2-1, paragraph 34(h), of Commandant 
Instruction M16475.1C. 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 have been prepared and are available for inspection 
and copying in the docket.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Temporary Regulations

    In consideration of the foregoing, the Coast Guard amends Part 100 
of Title 33, Code of Federal Regulations, as follows:

PART 100--[AMENDED]

    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 new temporary Sec. 100.35T-07-037 is added as follows:


Sec. 100.35T-07-037  Cellular One Offshore Cup; San Juan, Puerto Rico

    (a) Regulated Area: A regulated area is established for the waters 
north of Old San Juan beginning at 18-28.24N, 066-08W, then North to 
18-28.54N, 066-08W, then East to 18-28.4N, 066-05.30W, then South to 
18-28.12N, 066-05.30W, then directly South to the shore, and including 
all of San Juan Bay, except San Antonio Approach Channel, San Antonio 
Channel, Army Terminal Channel, Army Terminal Turning Basin, and Puerto 
Nuevo Channel, and Graving Dock Channel. All coordinates referenced use 
Datum: NAD 1983.
    (b) Special Local Regulations:
    (1) Entry into the regulated area by other than event participants 
is prohibited, unless otherwise authorized by the Patrol Commander. 
Spectator craft are required to remain in a spectator area to be 
established by the event sponsor southeast of La Puntilla. After 
termination of the race, all vessels may resume normal operations. 
Traffic may be permitted to resume normal operations between scheduled 
racing events, at the discretion of the Patrol Commander.
    (2) Temporary buoys will be used delineate the course.
    (c) Dates: This section becomes effective at 12:30 and terminates 
at 3 p.m. AST on June 28, 1998.

    Dated: June 17, 1998.
R.C. Olsen, Jr.,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 98-17070 Filed 6-25-98; 8:45 am]
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