[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-14-M