[Federal Register Volume 70, Number 43 (Monday, March 7, 2005)]
[Rules and Regulations]
[Pages 10889-10891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4294]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-05-010]
RIN 1625-AA08


Special Local Regulations; Rowing Regattas, Indian Creek, Miami 
Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for several rowing regattas on Indian Creek, in the 
vicinity of the 63rd Street Bridge, Miami Beach, Florida. This rule is 
necessary to insure the safety of life of participants and spectators 
in the regatta area. This rule is intended to restrict vessels from 
entering the regulated area during the events unless specifically 
authorized by the Captain of the Port, Miami, Florida, or his 
designated representative. The rule further prohibits anchoring or 
mooring in the regulated area during the events.

DATES: This rule is effective from 8 a.m. on March 6, 2005 through 2 
p.m. on April 29, 2005.

ADDRESSES: Documents indicated in the preamble as being available in 
the docket, are part of docket [CGD07-05-010] and are available for 
inspection or copying at Coast Guard Sector Miami, 100 MacArthur 
Causeway, Miami Beach, FL 33139 between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: BMC D. Vaughn or BMC R. Terrell, Coast 
Guard Sector Miami, Florida, 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. One sponsor of the event was 
unable to provide complete information about the event until January 
31, 2005, and this did not allow enough time for an NPRM and a comment 
period. Delaying this rule would be contrary to the public interest as 
the special local regulations are needed to ensure the safety of 
spectators and regatta participants during the event, and immediate 
action is necessary to prevent possible loss of life or property.
    Under 5 U.S.C. 553(d)(3), for the same reasons articulated in the 
preceding paragraph, the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register.

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 [CGD07-05-
010], 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 received and may change the 
rule in view of them.

Background and Purpose

    Miami Beach Watersports Center, Inc. and the University of Miami 
are separately sponsoring several rowing regattas on March 6, March 12, 
and April 29, 2005 from 8 a.m. until 2 p.m. These regattas share a 
common regatta area on Indian Creek in Miami Beach, Florida. The 
regatta area extends from 1 nm south of the 63rd Street Bridge to the 
entrance of Surprise Lake, Miami Beach, Florida. The race organizers 
anticipate 200 participants. Event races will take place to one side of 
the waterway and participant vessels will use the other side of the 
waterway to return along the length of the racecourse once each race is 
complete. Recreational vessels and fishing vessels normally operate in 
the waters being regulated. This rule is required to provide for the 
safety of life on navigable waters because of the inherent dangers 
associated with rowing races and dangers imposed by non-participant 
vessels. The rule prohibits non-participant vessels from entering the 
regulated race area on Indian Creek, Miami Beach, Florida during the 
event unless authorized by the Captain of the Port, Miami, Florida, or 
his designated representative. Anchoring and mooring within the 
regulated area will also be prohibited.

Discussion of Rule

    The special local regulations for this event prohibit non-
participant vessels from entering the regulated area unless authorized 
by the Coast Guard Captain of the Port or his designated 
representative.
    The regulated area encompasses all waters of Indian Creek from one 
nautical mile south of the 63rd Street Bridge to the entrance of 
Surprise Lake. No anchoring will be permitted in the regulated area.
    This rule will be effective from 8 a.m. on March 6, 2005 through 2 
p.m. on April 29, 2005 to cover all three crew regattas, however the 
regulated area will only be enforced from 8 a.m. to 2 p.m. on each of 
the event dates of March 6, March 12 and April 29, 2005.

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. This event is a stationary event, and the 
regulated area will only be enforced for approximately 6 hours on each 
event day (March 6, March 12, and April 29) during which non-
participant vessels will still be allowed to transit the area with 
permission of the Capt of the Port, Miami or his designated 
representative.

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.

[[Page 10890]]

    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities. This rule may affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit or anchor in the regulated area from 8 a.m. to 2 
p.m. on March 6, March 12, and April 29, 2005. These special local 
regulations will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
regulated area will only be enforced for approximately 6 hours on each 
of the three event days at a time of day when vessel traffic is low. 
Vessel traffic will still be allowed to transit the regulated area with 
the permission of the Captain of the Port, Miami or his designated 
representative.

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 this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. 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 persons listed under FOR 
FURTHER INFORMATION for assistance in understanding this rule.
    Small business 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 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 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 would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would 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.

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. As special local regulations established 
in conjunction with a regatta, this rule fits within paragraph (34)(h). 
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.q

0
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

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.


[[Page 10891]]



0
2. From 8 a.m. on March 6, 2005 through 2 p.m. on April 29, 2005 add 
temporary Sec.  100.T07-010 to read as follows:


100.T-07-010  2005 Special Local Regulations; Rowing Regattas; Indian 
Creek, Miami Beach, FL

    (a) Regulated area. (1) The regulated area encompasses all waters 
from shore to shore, located on Indian Creek from one nautical mile 
south of the 63rd Street Bridge to the entrance of Surprise Lake, Miami 
Beach, Florida.
    (2) Races will be conducted on the western side of the regulated 
area with race participants returning along the length of the 
racecourse via the eastern side of the regulated area.
    (b) Regulations. In accordance with Sec.  100.35 of this part, all 
vessels and persons are prohibited from anchoring, mooring, or entering 
into the regulated area unless authorized by the Coast Guard Captain of 
the Port, Miami, Florida or his designated representative. Persons 
desiring to enter into or transit the regulated area may seek 
permission from the Captain of the Port of Miami via telephone, at 
(305) 535-8701, or from his designated representative on-scene. All 
persons and vessels within the regulated area must comply with the 
instructions of the Captain of the Port or his designated 
representative.
    (c) Definitions. Designated representative means Coast Guard Patrol 
Commanders including Coast Guard coxswains, petty officers and other 
officers operating Coast Guard vessels, and federal, state, and local 
officers designated by or assisting the Captain of the Port (COTP), 
Miami, Florida, in the enforcement of the special local regulations.
    (d) Enforcement period. This section will be enforced from 8 a.m. 
to 2 p.m. on March 6, March 12, and April 29, 2005.

    Dated: February 16, 2005.
W.E. Justice,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 05-4294 Filed 3-4-05; 8:45 am]
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