[Federal Register Volume 67, Number 198 (Friday, October 11, 2002)]
[Rules and Regulations]
[Pages 63265-63267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25931]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-02-117]

RIN 2115-AE46


Special Local Regulations; Columbus Day Regatta, Biscayne Bay, 
Miami, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: Temporary special local regulations are being established for 
the Columbus Day Regatta. The event will be held from 9 a.m. to 5 p.m. 
on October 12 and 13, 2002 in Biscayne Bay, Miami, Florida. These 
regulations create a regulated area that limits the movement of non-
participant vessels and are needed to provide for the safety of life on 
navigable waters during the event.

DATES: This rule is effective from 9 a.m. on October 12, 2002 until 5 
p.m. on October 13, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD07-02-117] and are available for 
inspection or copying at Coast Guard Group Miami, 100 MacArthur 
Causeway, Miami Beach, FL 33139 between 7:30 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: BMC Victor Sorensen, Coast Guard Group 
Miami at (305) 535-4317.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM, which 
would incorporate a comment period before a final rule was issued, 
would be contrary to public safety interests since immediate action is 
needed to minimize potential danger to the public due to the high 
volume of vessel traffic and risk of collision posed by the 
approximately 500 participant vessels, the approximately 50 spectator 
vessels, and the several hundred vessels which congregate annually for 
Columbus Day in Biscayne Bay.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.

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 12 and 13, 2002. There will 
also be approximately 50 spectator craft and several hundred additional 
vessels in the area for an annual Columbus Day gathering. These 
regulations are intended to promote safe navigation on the waters of 
Biscayne Bay by controlling the traffic in the regulated area.

[[Page 63266]]

Discussion of Rule

    This rule creates a regulated area and prohibits non-participant 
persons and vessels from entering the regulated area without the 
permission of the Coast Guard Patrol Commander. The regulated area 
encompasses all waters bound by a line connecting the following points:

    Beginning with the point at 25[deg]43.399'N, 080[deg]12.500'W; 
thence to
25[deg]43.399'N, 080[deg]10.500'W; thence to
25[deg]33.000'N, 080[deg]11.500'W; thence to
25[deg]33.000'N, 080[deg]15.900'W; thence to
25[deg]40-000'N, 080[deg]15.000'W and then returning to the starting 
point.

    All coordinates are North American Datum 1983.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 temporary rule to be so minimal that a full 
regulatory evaluation under paragraph 10(e) of the regulatory policies 
and procedures of DOT is unnecessary because entry into the regulated 
area is prohibited for a limited time and vessels may be allowed to 
enter the regulated area with permission of the Coast Guard Patrol 
Commander.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises 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 than 50,000.
    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 because the regulations will only be in effect for two days in 
an area of limited commercial traffic and the Coast Guard Patrol 
Commander may permit vessels to enter the regulated area.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. Small 
businesses may contact the person listed under FOR MORE INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking. Small businesses may send 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 and the Regional Small 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 rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Although this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule 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 rule 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 rule 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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    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.lD, 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.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

33 CFR PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for Part 100 continues to read as 
follows:

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


[[Page 63267]]



    2. A new temporary Sec.  100.35T-07-117 is added to read as 
follows:


Sec.  100.35T-07-117  Columbus Day Regatta, Biscayne Bay, Miami, FL.

    (a) Regulated area. A regulated area is established for the 
Columbus Day Regatta, Biscayne Bay, Miami Florida. The regulated area 
encompasses all waters bound by a line connecting the following points:

    Beginning with the point at 25[deg]43.399'N, 080[deg]12.500'W; 
thence to

25[deg]43.399' N, 080[deg]10.500' W; thence to
25[deg]33.000' N, 080[deg]11.500' W; thence to
25[deg]33.000' N, 080[deg]15.900' W; thence to
25[deg]40-000' N, 080[deg]15.000' W, and then returning to the 
starting point.

    (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, Coast Guard Station Miami Beach.
    (c) Special local regulations. (1) Entry into the regulated area by 
non-participant persons or vessels is prohibited unless authorized by 
the Coast Guard Patrol Commander.
    (2) At the completion of scheduled races and exhibitions, and 
departure of participants from the regulated area, the Coast Guard 
Patrol Commander may permit traffic to resume normal operations.
    (3) Between scheduled racing events, the Coast Guard Patrol 
Commander may permit traffic to resume normal operations for a limited 
time.
    (4) A succession of not fewer than 5 short whistle or horn blasts 
from a Coast Guard patrol vessel will be the signal for any and all 
vessels to take immediate steps to avoid collision.
    (d) Dates. This section is effective from 9 a.m. on October 12 
until 5 p.m. October 13 2002.

    Dated: October 2, 2002.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 02-25931 Filed 10-10-02; 8:45 am]
BILLING CODE 4910-15-P