[Federal Register Volume 65, Number 42 (Thursday, March 2, 2000)]
[Proposed Rules]
[Pages 11274-11275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4998]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-00-010]
RIN 2115-AE46


Special Local Regulations: Miami Super Boat Grand Prix, Miami 
Beach, FL

AGENCY:  Coast Guard, DOT.

ACTION:  Notice of proposed rulemaking.

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SUMMARY:  Temporary Special Local Regulations are being proposed for 
the Miami Super Boat Grand Prix. The event will be held from 11 a.m. to 
3 p.m. on April 30, 2000, offshore Miami Beach, FL. These regulations 
are needed to provide for the safety of life on navigable waters during 
the event.

DATES:  Comments must be received on or before April 17, 2000.

ADDRESSES:  Comments should be mailed to Commanding Officer, U.S. Coast 
Guard Group Miami, 100 McArthur Causeway, Miami Beach, FL 33139. 
Comments will become part of this docket and will be available for 
inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT:  Petty Officer Rick Storey, Coast 
Guard Group Miami at (305) 535-4472.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    These regulations are required to provide for the safety of life on 
navigable waters because of their inherent danger of high speed 
competition boat racing in the vicinity of spectator craft during the 
Miami Super Boat Grand Prix, Miami Beach, FL. Although a permanent 
regulation has been established for this event (33 CFR 100.730), the 
organizers asked that the event be moved for this year to April 30. The 
permanent regulations create a regulated area that prohibit non-
participating vessels from entering the regulated area during the 
event. The practical effect of this proposed rule is to change the date 
of the event for this year from the third Sunday in April until April 
30th, and to slightly modify the boundaries of the spectator area.

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 and addresses, 
identify this notice [CGD07-00-010] and the specific section of this 
proposal to which their comments apply and give reasons for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an 8"x11" unbound format suitable for copying and 
electronic filling. If that is not practical, a second copy of any 
bound material is requested. Persons requesting acknowledgment of 
receipt of comments should enclose a stamped, self-addressed postcard 
or envelope. The Coast Guard will consider all comments received during 
the comment period. The regulations may be changed in view of the 
comments received. All comments received before the expiration of the 
comment period will be considered before final action is taken on this 
proposal.
    The Coast Guard plans on public hearings. Persons may request a 
public hearing by writing to Commander Coast Guard Group Miami at the 
address under ADDRESSES. The request should include the reasons why a 
hearing would be beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a notice in the 
Federal Register.

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. 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 proposal to be so minimal that a full Regulatory 
Evaluation under paragraph 10(e) of the regulatory policies and 
procedures of DOT is unnecessary. The regulated area will only be in 
effect for 4\1/2\ hours on one day.

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 effect upon 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have

[[Page 11275]]

a significant economic impact on a substantial number of small entities 
as the regulations will only be in effect for 4\1/2\ hours in a limited 
area of Miami Beach, FL.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-221), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking. We also have a point of contact for commenting on actions 
by employees of the Coast Guard. Small businesses may sent comments on 
the actions of Federal employees who enforce, or otherwise determine 
compliance with Federal regulations to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman the Regional Business 
Regulatory Fairness Boards. The Ombudsman evaluates these actions 
annually and rates each agency's responsiveness to small business. If 
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247).

Collection of Information

    This proposal calls for no new collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

Federalism

    We have analyzed this proposal 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 proposal will not impose an unfunded 
mandate.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

    We have analyzed this proposal under Executive Order 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 safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and has determined pursuant to Figure 2-1, paragraph 34(h) of 
Commandant Instruction M16475.1C, that this proposal is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, 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 continues to read as 
follows:

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

    2. Temporary Sec. 100.35T-07-010 is added to read as follows:


Sec. 100.35T-07-010  Miami Superboat Grand Prix, Miami Beach, FL.

    (a) Regulated Area: A regulated area is established 1000 feet off 
shore of Miami Beach FL from Miami Beach Clock Tower to Atlantic 
Heights. The regulated area for the race course is defined by a line 
joining the following coordinates: 25 deg.51.38' N., 080 deg.06.84' W., 
thence to 25 deg.46.54' N., 080 deg.07.40' W., thence to 25 deg.46.60' 
N., 080 deg.07.18' W., thence to 25 deg.51.37' N., 080 deg.06.71' W., 
thence to the starting point.
    (b) Spectator Area: The spectator area is defined by a line joining 
the following coordinates: 25 deg.50.56' N., 080 deg.06.60' W., thence 
to 25 deg.47.21' N., 080 deg.06.91' W., thence to 25 deg.47.20' N., 
080 deg.06.55' W., thence to 25 deg.50.54' N., 080 deg.06.25' W., 
thence to the starting point. All coordinates reference use Datum: NAD 
1983.
    (c) 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, FL.
    (d) Special Local Regulations: Entry into the regulated area by 
other than event participants is prohibited, unless otherwise 
authorized by the Patrol Commander. Spectator craft must remain in the 
spectator area as established by these regulations.
    (e) Dates: This section becomes effective at 10:45 a.m. and 
terminates at 3:15 p.m. EST on April 30, 2000.

    Dated: February 18, 2000.
G.W. Sutton,
Captain, Coast Guard, Acting Commander, Seventh Coast Guard District.
[FR Doc. 00-4998 Filed 3-1-00; 8:45 am]
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