[Federal Register Volume 60, Number 194 (Friday, October 6, 1995)]
[Rules and Regulations]
[Pages 52296-52297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24919]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-95-061]
RIN 2115-AE46


Special Local Regulations; City of Miami, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special Local Regulations are being adopted for the 1995 
Columbus Day Cruising Regatta. The event will be held on October 7-8, 
1995, from 9 a.m. EDT (Eastern Daylight Time) until 5 p.m. EDT on the 
seventh and from 9 a.m. EDT until 6 p.m. EDT on the eighth. These 
regulations are needed to provide for the safety of life on navigable 
waters during the event.

EFFECTIVE DATES: These regulations are effective on October 7, 1995, at 
8:30 a.m. EDT and terminate on October 8, 1995, at 6:30 p.m. EDT.

FOR FURTHER INFORMATION CONTACT:
QMC T.E. Kjerulff, USCG Group Miami, Florida at (305) 535-4448.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking has not been published for these regulations. The 
permit application was not received until August 28, 1995. Following 

[[Page 52297]]
normal rulemaking procedures would have been impracticable, as there 
was insufficient time to publish proposed rule in advance of the event 
or to provide for a delayed effective date.

Drafting Information

    The drafters of these regulations are LTJG Julia Diaz, project 
attorney, Seventh Coast Guard District Legal Office, and QMC T. 
Kjerulff, project officer, USCG Group Miami.

Discussion of Regulations

    The 1995 Columbus Day Cruising Regatta is a sailboat race taking 
place on Biscayne Bay in the vicinity of Dinner Key Channel to the East 
Featherbed Bank. The event is a two-day race involving approximately 
six hundred 20 to 70 foot single and multi-hull sailing vessels with an 
additional 3,000 spectator craft expected to view the race. The 
significant amount of participating sailing vessels with the numerous 
spectator craft in the area will create an extra or unusual hazard in 
the navigable waterways.

Regulatory Evaluation

    These regulations are not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget 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 action to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. Entry into the regulated area is 
prohibited for only 9 hours each day of the event.
    Since the impact of this action is expected to be minimal, the 
Coast Guard certified that it will not have a significant economic 
impact on a substantial number of small entities.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action consistent with Section 2.B. of Commandant Instruction 
M16475.1B. In accordance with that section, this action has been 
environmentally assessed (EA completed), and the Coast Guard has 
determined that it will not significantly affect the quality of the 
human environment. An environmental assessment and finding of no 
significant impact have been prepared and are available for inspection 
and copying. As a condition to the permit, the applicant is required to 
educate the operators of spectator craft and parade participants 
regarding the possible presence of manatees and the appropriate 
precautions to take if the animals are sighted.

List of Subjects in 33 CFR Part 100

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

Temporary Regulations

    In consideration of the foregoing, Part 100 of Title 33, Code of 
Federal Regulations, is amended as follows:
    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233, 49 CFR 1.46 and CFR 100.35.

    2. A temporary Sec. 100.35-07-060 is added to read as follows:


Sec. 100.35-07-060  Key West Super Boat Race.

    (a) Regulated area. All navigable waters within a line drawn 
through the following points:

Latitude 25 deg.31.3' N, approximately at Featherbed Bank Light #3 
(LLNR 41340).
Datum: NAD 1983.

    (b) Special local regulations. (1) Entry into the regulated area is 
prohibited unless authorized by the Patrol Commander.
    (2) All vessels in the regulated area will follow the directions of 
the Patrol Commander and will proceed at no more than 5 MPH when 
passing through the regulated area.
    (3) A succession of not fewer than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any non-participating 
vessel to stop immediately. The display of an orange distress smoke 
signal from a patrol vessel will be the signal for any and all vessels 
to stop immediately.
    (c) Effective Dates: This section is effective on October 7, 1995, 
at 8:30 a.m. EDT and terminate on October 8, 1995, at 6:30 p.m. EDT.

    Dated: September 22, 1995.

Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 95-24919 Filed 10-5-95; 8:45 am]
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