[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Proposed Rules]
[Pages 13122-13123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7303]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD07-96-018]
RIN 2115-AE46


Special Local Regulations; Miami Super Boat Race; Miami Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish permanent special 
local regulations for the Miami Super Boat Race. This event will be 
held annually on the second Sunday of June, between 12:30 p.m. and 3:30 
p.m. Eastern Daylight Time. Historically, there have been approximately 
35 participant and 200 spectator craft. The resulting congestion of 
navigable channels creates an extra or unusual hazard in the navigable 
waters. These proposed regulations are necessary to provide for the 
safety of life on navigable waters during the event. By establishing 
these proposed permanent regulations, the Coast Guard expects to give 
better notice of requirements related to marine events, and also avoid 
the recurring costs of publication related with temporary regulations. 
However, the establishment of these proposed permanent regulations 
would not relieve the event organizers from applying for an annual 
marine event permit.

DATES: Comments must be received on or before May 15, 1996.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Miami, 100 
Macarthur Causeway, Miami Beach, FL 33139-5101 or may be delivered to 
operations office at the same address between 7 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (305) 
535-4448. Comments will become a part of the public docket and will be 
available for copying and inspection at the same address.

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

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, data, or arguments. 
Persons submitting comments should include their names, addresses, 
identify the notice (CGD07-96-018) and the specific section of this 
proposal to which their comments apply, and give reasons for each 
comment. The Coast Guard will consider all comments received during the 
comment period. The regulations may be changed in view of the comments 
received. All comments received before the expiration of the comment 
period will be considered before final action is taken on this 
proposal.
    No public hearing is planned, but one may be held if the written 
requests for a hearing are received, and it is determined that the 
opportunity to make oral presentations will add to the rulemaking 
process.

Discussion of Proposed Regulations

    The proposed regulations are needed to provide for the safety of 
life during the Miami Superboat Race. This event will be held annually 
on the second Sunday of June, between 12:30 p.m. and 3:30 p.m. Eastern 
Daylight Time. These regulations are intended to promote safe 
navigation on the waters off Miami Beach during the races by 
controlling the traffic entering, exiting, and traveling within these 
waters. Historically, there have been approximately 35 participant and 
200 spectator craft during the race. The anticipated concentration of 
spectator and participant vessels associated with the Miami Super Boat 
Race poses a safety concern, which is addressed in these proposed 
special local regulations. The resulting congestion of navigable 
channels creates an extra or unusual hazard in the navigable waters. 
These regulations are intended to promote safe navigation on the waters 
off Miami Beach during the race by restricting vessels from entering 
the race area described below and permit anchoring only in the 
designated spectator area.
    The proposed race area would be formed by a line joining the 
following points:

25 deg.46.3' N, 080 deg.07.85' W; thence to,
25 deg.46.3' N, 080 deg.06.82' W; thence to,
25 deg.51.3' N, 080 deg.06.2' W; thence to,
25 deg.51.3' N, 080 deg.07.18' W; thence along the shoreline to the 
starting point. All coordinates referenced use datum: NAD 1983.

    A spectator area would be established in the regulated area for 
spectator traffic and would be defined by a line joining the 
following points, beginning from:

25 deg.51.3' N, 080 deg.06.15' W; thence to,
25 deg.51.3' N, 080 deg.05.85' W; thence to,
25 deg.46.3' N, 080 deg.06.55' W; thence to,
25 deg.46.3'N, 080 deg. 06.77' W; and back to the starting point.

    All coordinates referenced use datum: NAD 1983. The proposed 
regulation would also include a buffer zone of 300 feet between the 
race course and the spectator area defined above.

    Entry into the proposed regulated area by other than event 
participants would be prohibited unless otherwise authorized by the 
Coast Guard Patrol Commander. However, the Coast Guard Patrol Commander 
could at his discretion permit traffic to resume normal operations 
between scheduled racing events.
    The proposed regulations would also establish safety measures of 5 
short whistle or horn blasts from a patrol vessel to signal any and all 
vessels to take immediate steps to avoid collision. The display of an 
orange distress smoke signal from a patrol vessel would be the signal 
for any and all vessels to stop immediately. All spectators not in the 
designated spectator areas above would be required to remain clear of 
the race area at all times.

Regulatory Evaluation

    This proposal is not a significant regulatory action under Section 
3(f) of the Executive Order 12866 and does not require an assessment of 
the 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 
proposed rule to be so minimal that a

[[Page 13123]]
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary. The proposed regulation 
would last for only 4 hours each day of the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under Section 3 of the Small Business Act 
(15 U.S.C. 632).
    For reasons set forth in the above Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities.

Collection of Information

    These proposed regulations contain no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the rulemaking does not have sufficient Federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
proposal and has concluded that preparation of an Environmental Impact 
Statement is not necessary. An Environmental Assessment and Finding of 
No Significant Impact are available in the docket for inspection or 
copying where indicated under ADDRESSES. The Coast Guard has concluded 
that this proposed action would not significantly affect the quality of 
the human environment.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record keeping 
requirements, Waterways.

Proposed Regulations

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

PART 100--[AMENDED]

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

    2. A new section 100.714 is added to read as follows:


Sec. 100.714  Annual Miami Super Boat Race; Miami Beach, FL.

    (a) Definitions: (1) Regulated Areas. The regulated area includes 
the race course area, the spectator area, and a buffer zone.
    (i) The race course area is formed by a line joining the following 
points:

25 deg.46.3' N, 080 deg.07.85' W; thence to,
25 deg.46.3' N, 080 deg.06.82' W; thence to,
25 deg.51.3' N, 080 deg.06.2' W; thence to,
25 deg.51.3' N, 080 deg.07.18' W; thence along the shoreline to the 
starting point.
    All coordinates referenced use datum: NAD 1983.

    (ii) A spectator area is established in the regulated area for 
spectator traffic and is defined by a line joining the following 
points, beginning from:

25 deg. 51.3' N, 080 deg. 06.15' W; thence to,
25 deg. 51.3' N, 080 deg. 05.85' W; thence to,
25 deg. 46.3' N, 080 deg. 06.55' W; thence to,
25 deg. 46.3' N, 080 deg. 06.77' W; and back to the starting point.

    All coordinates referenced use datum: NAD 1983.

    (iii) A buffer zone of 300 feet is established between the race 
course and the spectator area.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Captain of the Port, Miami, Florida.
    (b) Special local regulations: (1) Entry into the race course area 
by other than event participants is prohibited unless otherwise 
authorized by the Coast Guard Patrol Commander. At the completion of 
scheduled races and departure of participants from the regulated area, 
traffic may resume normal operations. At the discretion of the Coast 
Guard Patrol Commander, between scheduled racing events, traffic may be 
permitted to resume normal operations.
    (2) A succession of not fewer than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any and all vessels to take 
immediate steps to avoid a collision. The display of an orange distress 
smoke signal from a patrol vessel will be the signal for any and all 
vessels to stop immediately.
    (3) Spectators not in the designated spectator areas, defined in 
paragraph (a) of the regulated area, are required to maintain clear of 
the race course area at all times.
    (c) Effective Dates: This section is effective at 12 p.m. and 
terminates at 4 p.m. Eastern Daylight Time annually during the second 
Sunday of June.

    Dated: March 14, 1996.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 96-7303 Filed 3-25-96; 8:45 am]
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