[Federal Register Volume 64, Number 226 (Wednesday, November 24, 1999)]
[Rules and Regulations]
[Pages 66106-66107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30658]


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DEPARTMENT OF TRANSPORTATION

33 CFR Part 100

[CGD07-99-057]
RIN 2115-AE46


Special Local Regulations: Puerto Rico International Cup, 
Fajardo, Puerto Rico

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: Temporary special local regulations are established for the 
Puerto Rico International Cup, in Fajardo, Puerto Rico. The event will 
be held from 1 p.m. to 2:30 p.m. on December 5, 1999, in Fajardo, 
Puerto Rico. These regulations are needed to provide for the safety of 
life on navigable waters during the event.

DATES: These regulations become effective at 12 p.m. and terminate at 
3:30 p.m. AST on December 5, 1999.

FOR FURTHER INFORMATION CONTACT: Mr. John Reyes at (787) 729-5381.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 31, 1999, the Coast Guard published a notice of proposed 
rulemaking concerning these regulations in the Federal Register (64 FR 
47461). No comments were received during the comment period.

Background and Purpose

    These regulations create a regulated area offshore Fajardo, Puerto 
Rico which prohibits entry to non-participating vessels during the 
race. The participating race boats will be competing at high speeds 
with numerous spectator craft in the area, thus creating an extra or 
unusual hazard on the navigable waterways. These regulations are 
required to provide for the safety of life on navigable waters during 
the Puerto Rico International Cup, in Fajardo, Puerto Rico.
    In accordance with 5 U.S.C. 553, good cause exists for making this 
rule effective in less that 30 days after Federal Register publication. 
Delaying

[[Page 66107]]

its effective date would be contrary to national safety interests and 
there was not sufficient time remaining for a full 30-day delayed 
effective date after the end of the comment period. The proposed rule 
had a full 60-day comment period. No comments were received and the 
event has been well publicized.

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 not reviewed it 
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 regulated policies and procedures of DOT is unnecessary. The 
regulated area only encompasses Rada Fajardo, Puerto Rico, entry into 
which is only prohibited for 3\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 rulemaking 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 jurisdictions with populations of less then 
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 regulations will only be in effect for 
approximately 3\1/2\ hours in a limited area off Fajardo.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132, and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal Regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under Figure 2-1, paragraph 34(h) of Commandant 
Instruction M16475.1C, 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.
    Final 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-07-057 to read as follows:


Sec. 100.35T-07-057  Puerto Rico International Offshore Cup, Fajardo, 
Puerto Rico.

    (a) Regulated Area: A regulated area is established for the waters 
in Rada Fajardo, encompassing an area bounded by point 1 in position 
18 deg.21'12'' N, 065 deg.36'51'' W, thence to point 2 in position 
18 deg.19'48'' N, 065 deg.34'34'' W, thence to point 3 in position 
18 deg.19'50'' N, 065 deg.34'26'' W, thence to point 4 in position 
18 deg.22'22'' N, 065 deg.35'19'' W, thence to point 5 in position 
18 deg.23'08'' N, 065 deg.36'00'' W, thence to point 6 in position 
18 deg.23'08'' N, 065 deg.36'09'' W, thence to point 7 in position 
18 deg.22'40'' N, 065 deg.36'28'' W, thence to point 8 in position 
18 deg.21'20'' N, 065 deg.36'55'' W, thence return to point 1. All 
coordinates referenced use Datum: NAD 1983.
    (b) 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 Commanding Officer, Greater Antilles Section, San 
Juan, Puerto Rico.
    (c) Special Local Regulations: Entry into the regulated area by 
other than event participants is prohibited, unless otherwise 
authorized by the Patrol Commander.
    (d) Dates: These regulations become effective at 12 p.m. and 
terminate at 3:30 p.m. AST on December 5, 1999.

    Dated: November 15, 1999.
Thad W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 99-30658 Filed 11-23-99; 8:45 am]
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