[Federal Register Volume 64, Number 181 (Monday, September 20, 1999)]
[Rules and Regulations]
[Pages 50757-50758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24402]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-99-063]
RIN 2115-AE46


Special Local Regulations; Biscayne Bay, Miami, Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: Temporary Special Local Regulations are being adopted for the 
Columbus Day Regatta. The event will be held in Biscayne Bay from 9 
a.m. to 5 p.m. Eastern Daylight Time (EDT) on October 9 and 10, 1999. 
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. EDT each day on October 9 and 10, 1999.

FOR FURTHER INFORMATION CONTACT: BM1 J. P. Storey Coast Guard Group 
Miami, Florida at (305) 535-4472.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Columbus Day Regatta, Inc., is sponsoring a sail boat race, with 
approximately 500 sailboats, ranging in length form 20 to 60 feet 
participating in the event. The race will take place in Biscayne Bay 
from Dinner Key to Soldier Key on October 9 and 10, 1999. 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.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
has not been published for these regulations. Following normal 
rulemaking procedures would have been impracticable, as there was not 
sufficient time remaining after the 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. The Office of Management and Budget has exempted it from 
review 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 approximately 8 hours each day of the event and the 
regulated area does not block any channels.

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 that this rule will not have a 
significant economic impact on a substantial number of small entities, 
as the regulations will only be in effect a total of two days in areas 
of limited commercial traffic.

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 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 under Figure 2-1, paragraph 34(h) of 
Commandant Instruction M16475.1C, that this rule 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. Add temporary Sec. 100.35T-07-063 to read as follows:


Sec. 100.35T-07-063  Columbus Day Regatta Sail Boat Race, Miami, FL

    (a) Regulated Area: A regulated area is established for the race by 
joining the following points (All coordinates referenced use Datum 
NAD:83):

    (1) 25 deg.43'399''N, 080 deg.12'500''W
    (2) 25 deg.43'399''N, 080 deg.10'500''W
    (3) 25 deg.33'000''N, 080 deg.11'500''W
    (4) 25 deg.33'000''N, 080 deg.15'900''W
    (5) 25 deg.40'000''N, 080 deg.15'000''W.

    (b) Special local regulations.
    (1) Entry into the regulated area by other than event participants 
is prohibited unless otherwise authorized by the Patrol Commander. At 
the completion of scheduled races and exhibitions, and departure of 
participants from the regulated areas,

[[Page 50758]]

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 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 is effective at 9 a.m. and terminates at 5 
p.m. EDT each day on October 9 and 10, 1999.

    Dated: September 3, 1999.
G.W. Sutton,
Captain U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 99-24402 Filed 9-17-99; 8:45 am]
BILLING CODE 4910-15-P