[Federal Register Volume 69, Number 201 (Tuesday, October 19, 2004)]
[Rules and Regulations]
[Pages 61442-61444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23371]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-04-120]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent local regulation 
for the Columbus Day Regatta. The event is held annually on Saturday 
and Sunday of the Columbus Day weekend on Biscayne Bay, Miami, Florida. 
This regulation creates a regulated area that temporarily limits the 
movement of non-participant vessels. This regulation is needed to 
provide for the safety of life on navigable waters during the event.

DATES: This rule is effective October 9, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD07-04-120) and will be available for inspection 
or copying at Coast Guard 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:

Regulatory Information

    On September 1, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations; Columbus Day Regatta, 
Biscayne Bay, Miami, FL'' in the Federal Register (FR Doc. 04-19913). 
We received no letters commenting on the proposed rule. No public 
meeting was requested, and none was held.
    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. The event is to be held on 9 and 
10 October 2004 and it is in the interest of public safety to have this 
rule in effect at this time.

Background and Purpose

    Columbus Day Regatta, Inc., sponsors a sailboat race with 
approximately 500 sailboats, ranging in length from 20 to 60 ft, that 
participate in the event. The

[[Page 61443]]

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 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:

Latitude                             Longitude
 
25[deg]43'24'' N                     080[deg]12'30'' W
25[deg]43'24'' N                     080[deg]10'30'' W
25[deg]33'00'' N                     080[deg]11'30'' W
25[deg]33'00'' N                     080[deg]15'54'' W
25[deg]40'00'' N                     080[deg]15'00'' W
 

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 Homeland 
Security (DHS).
    We expect the economic impact of this 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 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. This rule will affect the following entities, some of which 
might be small entities: the owners or operators of vessels intending 
to transit or anchor in that 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. The 
Coast Guard offered its availability to answer inquiries from the 
public through responses to any comments generated by this rulemaking. 
No comments were received.
    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. Though 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 affect 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 would not create an 
environmental risk to health or risk to safety that might 
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 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.

[[Page 61444]]

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. 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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.

List of Subjects in 33 CFR Part 100

    Marine Safety, Navigation (water), Reporting and recordkeeping 
requirements, waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
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.
0
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:


Latitude                             Longitude
 
25[deg]43'24'' N                     080[deg]12'30'' W
25[deg]43'24'' N                     080[deg]10'30'' W
25[deg]33'00'' N                     080[deg]11'30'' W
25[deg]33'00'' N                     080[deg]15'54'' W
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.
    (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) Enforcement periods. This rule will be enforced from 10 a.m. 
until 5 p.m. Saturday and Sunday during the second weekend in October 
(Columbus Day weekend).

    Dated: October 6, 2004.
D. Brian Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-23371 Filed 10-18-04; 8:45 am]
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