[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Proposed Rules]
[Pages 53373-53375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19913]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-04-101]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent local 
regulations for the Columbus Day Regatta. The event is held annually 
from 10 a.m. to 5 p.m. on Saturday and Sunday of Columbus Day weekend 
on Biscayne Bay, Miami, Florida. The regulations create a regulated 
area that temporarily limits the movement of non-participant vessels. 
These regulations are needed to provide for the safety of life on 
navigable waters during the event.

DATES: Comments and related material must reach the Coast Guard on or 
before October 1, 2004.

ADDRESSES: You may mail comments and related material to Sector Miami, 
100 MacArthur Causeway, Miami

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Beach, Florida 33139. Sector Miami maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at Sector Miami between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: BMC D. Vaughn, Coast Guard Sector 
Miami, Miami Beach, Florida, (305) 535-4317.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD07-04-
101), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Sector Miami at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    Columbus Day Regatta, Inc., sponsors a sailboat race with 
approximately 500 sailboats, ranging in length from 20 to 60 feet, that 
participate in the event. The race takes place in Biscayne Bay, from 
Dinner Key to Soldier Key, Saturday and Sunday during the second 
weekend in October (Columbus Day Weekend). Approximately 50 spectator 
craft, and several hundred additional vessels, transit the area for the 
annual event. These regulations are intended to provide for the safety 
of life on the waters of Biscayne Bay during the event by controlling 
traffic in the regulated area.

Discussion of Proposed Rule

    This rule creates a regulated area and prohibits non-participant 
vessels from entering the regulated area without the permission of the 
Coast Guard Patrol Commander. When the Coast Guard Patrol Commander 
determines that it is safe for vessels to transit the regulated area, 
vessel traffic may resume normal operations at the completion of the 
scheduled races and exhibitions, and between scheduled racing events. 
The regulated area encompasses all waters within the following points: 
(A) 25[deg] 43[min] 24[sec] N, 080[deg] 12[min] 30[sec] W; (B) 25[deg] 
43[min] 24[sec] N, 080[deg] 10[min] 30[sec] W; (C) 25[deg] 33[min] 
00[sec] N, 080[deg] 11[min] 30[sec] W; (D) 25[deg] 33[min] 00[sec] N, 
080[deg] 15[min] 54[sec] W; (E) 25[deg] 40[min] 00[sec] N, 080[deg] 
15[min] 00[sec] W.

Regulatory Evaluation

    This proposed 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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. Entry into the regulated area is 
prohibited for only limited time periods. Additionally, when the Coast 
Guard Patrol Commander determines that it is safe for vessels to 
transit the regulated area, vessel traffic may be allowed to resume 
normal operations at the completion of scheduled races and exhibitions 
and between scheduled racing events. Also, vessels may otherwise be 
allowed to enter the regulated area with permission of the Coast Guard 
Patrol Commander. Finally, advance notifications to the maritime 
community through marine information broadcasts will allow mariners to 
adjust plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit or anchor in a portion of 
Biscayne Bay, between Dinner Key and Soldier Key, from 10 a.m. to 5 
p.m., on the Saturday and Sunday of Columbus Day weekend. The 
regulations will only be in effect for 2 days in an area of limited 
commercial traffic. Also, vessel traffic will be allowed to resume 
normal operations at the completion of scheduled races and exhibitions, 
and between scheduled racing events, when the Coast Guard Patrol 
Commander determines it is safe to do so. Vessels may otherwise be 
allowed to enter the regulated area with permission of the Coast Guard 
Patrol Commander.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT. The Coast Guard will not retaliate against 
small entities that question or complain about this rule or any policy 
or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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

[[Page 53375]]

this proposed 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. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation. Under figure 2-1, paragraph (34)(h), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule. 
Comments on this section will be considered before we make the final 
decision on whether to categorically exclude this rule from further 
environmental review.

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 proposes 
to amend 33 CFR part 100 as follows:

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; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  100.729 to read as follows:


Sec.  100.729  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 within the following points: (1) 25[deg] 43' 
24'' N, 080[deg] 12' 30'' W; (2) 25[deg] 43' 24'' N, 080[deg] 10' 30'' 
W; (3) 25[deg] 33' 00'' N, 080[deg] 11' 30'' W; (4) 25[deg] 33' 00'' N, 
080[deg] 15' 54'' W; (5) 25[deg] 40' 00'' N, 080[deg] 15' 00'' W
    (b) Definitions. Coast Guard Patrol Commander means a commissioned, 
warrant, or petty officer of the Coast Guard who has been designated by 
Commanding Officer, Coast Guard Station Miami Beach.
    Law Enforcement Vessels are those vessels that are clearly marked 
and identifiable as being on government non-commercial service and 
authorized to that effect, including any boat embarked on such vessels.
    (c) Special local regulations. (1) All vessels and persons with the 
exception of those participating in the Columbus Day Regatta are 
prohibited from entering into the regulated area without permission 
from the Coast Guard Patrol Commander.
    (2) Each day, 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.
    (5) The provisions in this paragraph do not apply to law 
enforcement vessels or their crews.
    (d) Effective Period: This rule is effective annually from 10 a.m. 
until 5 p.m. Saturday and Sunday during the second weekend in October 
(Columbus Day weekend).

    Dated: August 10, 2004.
D.B. Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-19913 Filed 8-31-04; 8:45 am]
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