[Federal Register Volume 72, Number 141 (Tuesday, July 24, 2007)]
[Rules and Regulations]
[Pages 40243-40245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14265]



[[Page 40243]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP MIAMI 07-065]
RIN 1625-AA00


Safety Zone; Biscayne Bay Yacht Racing Association Full Moon 
Races, Biscayne Bay, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Biscayne Bay Yacht Racing Association (BBYRA) Full Moon Races, 
which will temporarily limit the movement of non-participant vessels in 
Biscayne Bay in Miami, FL. This temporary safety zone is intended to 
restrict vessels from entering the waters where the event will be held 
unless specifically authorized by the Captain of the Port, Miami, 
Florida, or designated representative. This regulation is needed to 
provide for the safety of life on navigable waters during the event to 
participants, marine spectators and recreational and professional 
mariner traffic.

DATES: This rule is effective from 7 p.m. on June 30, 2007 until 11 
p.m. on August 25, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP MIAMI 07-065 and are available for 
inspection or copying at Sector Miami, 100 MacArthur Causeway, Miami 
Beach, FL 33139 between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: MSTCS R. Johnson, 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. Notice of these events was not 
provided to the Coast Guard with sufficient time to publish an NPRM and 
receive public comment before the event date. Furthermore, good cause 
exists because this temporary safety zone will not significantly 
restrict the use of the waterway as all vessels will be able to safely 
transit around the zone. A Coast Guard Patrol Commander will be 
available and the Coast Guard will also issue a Broadcast Notice to 
Mariners. This temporary rule is necessary to ensure the safety of 
participants, spectators, and the general public on the navigable 
waters of the United States.
    Under 5 U.S.C. (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.

Background and Purpose

    The Biscayne Bay Yacht Racing Association is sponsoring the BBYRA 
Full Moon Races, approximately 12 sailboats, 20 to 54 feet in the 
length, are expected to participate. The events will be held on the 
evenings of June 31, July 28, and August 25, 2007. The public is 
invited to attend. The high concentration of event participants, 
spectators, and the general boating public presents an extra hazard to 
the safety of life on the navigable waters of the United States. A 
safety zone encompassing the waters in the Biscayne Bay & Intracoastal 
Waterway is necessary to protect participants as well as spectators 
from hazards associated with the event.

Discussion of Rule

    This rule establishes a temporary safety zone for the BBYRA Full 
Moon Races in Biscayne Bay in Miami, FL. The safety zone is 100 yards 
around all race participants as they transit the waters of Biscayne Bay 
south of the Rickenbaucker Causeway to Latitude 25[deg]32'00'' . 
Vessels are prohibited from anchoring, mooring, or transiting within 
this zone, unless authorized by the Captain of the Port, Miami, 
Florida, or designated representative. 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 within the safety zone to take 
immediate steps to avoid collision. Traffic may resume normal 
operations at the completion of the scheduled races and exhibitions as 
determined by the Coast Guard Patrol Commander. This regulation will be 
enforced from 7 p.m. to 11 p.m. on June 30, July 28, and August 25, 
2007.

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 safety zone is prohibited for 
only limited time periods, and all vessels should be able to safely 
transit around the zone at all times. If the Coast Guard Patrol 
Commander determines that it is safe for vessels to transit the zone, 
vessels may proceed through the zone between scheduled racing events. 
Traffic may resume normal operations at the completion of scheduled 
races and exhibitions as determined by 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 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in the waters of the Biscayne Bay during the 
effective period. This temporary safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This rule will be in effect for only 4.0 
hours in the evening when vessel traffic is low, vessel traffic may 
safely pass around the zone, and vessels may pass through the zone with 
the 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 the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government

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jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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 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 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. 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)(g), of the Instruction, from further 
environmental documentation.
    A final ``Environmental Analysis Checklist'' and ``Categorical 
Exclusion Determination'' are available in the docket where indicated 
under addresses.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T07-065 to read as follows:


Sec.  165.T07-065  Safety Zone; Biscayne Bay Yacht Racing Association 
Full Moon Races; Biscayne Bay, Miami, FL.

    (a) Location. A temporary safety zone is established for the BBYRA 
Full Moon Races, Biscayne Bay, Miami, Florida. The safety zone is 100 
yards around all race participants as they transit the waters of 
Biscayne Bay south of the Rickenbaucker Causeway to Latitude 
25[deg]32'00''.
    (b) Definitions. The following definitions apply to this section: 
Designated representative is a Coast Guard Patrol Commander, 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 of Miami in restricting vessels 
and persons from entering the temporary safety zone.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, no person or vessel may anchor, moor or 
transit a safety zone without permission of the Captain of the Port 
Sector Miami or his designated representative. To request permission to

[[Page 40245]]

enter into a safety zone, the designated representative may be 
contacted on VHF channel 16.
    (2) Between scheduled events, the Coast Guard Patrol Commander may 
permit traffic to resume normal operations for a limited time.
    (3) 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 within the safety zone defined in paragraph (a) to take 
immediate steps to avoid collision.
    (d) Enforcement Period. This temporary safety zone will be enforced 
between the hours of 7 p.m. to 11 p.m. on the following days: June 30, 
July 28, and August 25, 2007.
    (e) Effective Dates. This rule is effective from 7 p.m. on June 30, 
2007 until 11 p.m. on August 25, 2007.

    Dated: June 27, 2007.
K.L. Schultz,
Captain, U.S. Coast Guard, Captain of the Port Miami, FL.
[FR Doc. E7-14265 Filed 7-23-07; 8:45 am]
BILLING CODE 4910-15-P