[Federal Register Volume 63, Number 193 (Tuesday, October 6, 1998)]
[Rules and Regulations]
[Pages 53586-53587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26728]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07 98-059]
RIN 2115-AE46


Special Local Regulations; Columbus Day Regatta Sailboat Race, 
Miami, FL

AGENCY: Cost Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Temporary Special Local Regulations are being adopted for the 
Columbus Day Regatta Sailboat Race. The event will be held in Biscayne 
Bay from 9 a.m. to 5 p.m. Eastern Daylight Time (EDT) each day, on 
October 10 and 11, 1998. These regulations are needed to provide for 
the safety of life on navigable waters during the event.

DATES: These regulations become effective at 9 a.m. and terminate at 5 
p.m. each day on October 10 and 11, 1998.

FOR FURTHER INFORMATION CONTACT: QMCS T.E. KJERULFF Coast Guard Group 
Miami, Florida at (305) 535-4448.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    Columbus Day Regatta, Inc., is sponsoring a sailboat race with 
approximately 500 sailboats, ranging in length from 20 to 60 feet, 
participating in the event. The race will take place in Biscayne Bay 
from Dinner Key to Soldier Key on October 10 and 11, 1998. There will 
also be approximately fifty (50) spectator craft. These regulations are 
intended to promote safe navigation on the waters of Biscayne Bay by 
controlling the traffic entering, exiting, and traveling within the 
regulated area.

[[Page 53587]]

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
has not been published for this regulation and good cause exists for 
making it effective in less than 30 days after Federal Register 
publication. Publishing a NPRM and delaying its effective date would be 
contrary to safety interests as there was not sufficient time remaining 
after receipt of the permit request to publish proposed rules in 
advance of the event or to provide for a delayed effective date.

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)(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 regulated area is 
prohibited for only eight hours each day of the event and the regulated 
area would not have a significant impact on commercial traffic.

Small Entities

    Under the Regulatory Flexibility Act (U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rulemaking will have a 
significant economic impact on a substantial number of small entities. 
Small entities include small business, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this rule will not have a significant economic impact on a substantial 
number of small entities, as the regulation will only be in effect for 
approximately eight hours on two days in a limited area of Biscayne Bay 
with little impact on commercial traffic.

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 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 
action and has determined pursuant to Figure 2-1, paragraph 34 (h) of 
Commandant Instruction M16475.1C, that this action is categorically 
excluded from further environmental documentation.

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 temporary section 100.35T-07-059 is added to read as follows:


Sec. 100.35T-07-059   Columbus Day Regatta Sailboat Race; Miami, 
Florida

    (a) Definitions:
    (1) Regulated Area. A regulated area is established for the race 
area by joining the following points (all coordinates reference Datum: 
NAD 83):

25-43.399N, 80-12.500W;
25-43.399N, 80-10.500W;
25-33.000N, 80-11.500W;
25-33.000N, 80-15.900W;
25-40.000N, 80-15.000W.

    (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 Commander, Coast Guard Group Miami, Florida.
    (b) Special local regulations:
    (1) Entry into the regulated area by other than event participants 
is prohibiting unless otherwise authorized by the Patrol Commander. At 
the completion of the daily races traffic may resume normal operations.
    (2) A succession of not fewer than 5 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 
racecourse at all times.
    (c) Dates: This section becomes effective at 9 a.m. and terminates 
at 5 p.m. each day on October 10 and 11, 1998.

    Dated: September 21, 1998.
N.T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 98-26728 Filed 10-5-98; 8:45 am]
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