[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Rules and Regulations]
[Pages 43321-43322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21801]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-98-049]


Special Local Regulations; West Palm Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Temporary Special Local Regulations are being adopted for the 
Palm Beach County Offshore Grand Prix Festival & Air Show. The event 
will be held in two separate locations at separate times: (1) from 9 
a.m. to 10 p.m. Eastern Daylight Time (EDT) on August 13, 14, 15 and 
16, 1998, for a watercraft exhibition area, west of the ICW channel 
between the Royal Palm bascule bridge and Lake Worth LT 12 (LLNR 46875) 
and; (2) from 8 a.m. to 4 p.m. EDT on August 15 and 16, 1998, for the 
racecourse and airshow area east of Singer Island in the Atlantic 
Ocean, north of the Lake Worth Inlet. The regulations are needed to 
provide for the safety of life on navigable waters during the event.

DATES: These regulations become effective from 9 a.m. to 10 p.m. EDT on 
August 13, 14, 15 and 16, 1998, with respect to the watercraft 
exhibition area and from 8 a.m. to 4 p.m. on August 15

[[Page 43322]]

and 16, 1998, for the racecourse and airshow area.

FOR FURTHER INFORMATION CONTACT: LT J.A. Delgado Coast Guard Group 
Miami, Florida at (305) 535-4409.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    The Palm Beach Offshore Club is sponsoring a high speed power boat 
race and air show with approximately 60 race boats ranging in length 
from 12 to 50 feet, and several aircraft participating in the event. 
There will be approximately five hundred (500) spectator craft. The 
aircraft show and high speed race will take place offshore Singer 
Island in the Atlantic Ocean. The race boats and aircraft will be 
participating at high speeds with numerous spectator crafts in the 
area, creating an extra or unusual hazard in the navigable waterways. 
Additionally, inflatable boats, jet skis, and demonstration boats will 
be performing in a regulated area west of the ICW channel in West Palm 
Beach. These regulated areas created below prohibit entry to 
nonparticipating vessels during the events.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
has not been published for these regulations. Following normal 
rulemaking procedures would have been impracticable, as there was not 
sufficient time remaining after the receipt of the permit request to 
publish proposed rules in advance of the event or to provide for a 
delayed effective date.

Regulatory Evaluation

    This regulation is 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. The Office of Management and Budget has exempted it from 
review 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 proposal 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 areas is 
prohibited for only approximately 13 hours each day of the event and 
the regulated areas do not block any channels.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
field, and governmental jurisdictions with populations of less than 
50,000.
    Therefore, the Coast Guard certifies that this rule will not have a 
significant economic impact on a substantial number of small entities, 
as the regulations will only be in effect a total of four days in areas 
of limited commercial traffic.

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 
action and has determined under Figure 2-1, paragraph 35(b) of 
Commandant Instruction M16475.1C, that this rule is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination document has been prepared and is available for 
inspection or copying in the docket.

List of Subjects in 33 CFR Part 100

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

Temporary Regulations

    In consideration of the foregoing, the Coast Guard amends Part 100 
of title 33, Code of Federal Regulations, as follows:

PART 100--[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

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

    2. Temporary Sec. 100.35T-07-049 is added to read as follows:


Sec. 100.35T-07-049  Palm Beach Grand Prix and Air Show, West Palm 
Beach, FL

    (a) Regulated Areas. The following are regulated areas (All 
coordinates referenced use Datum NAD:83):
    (1) Watercraft Exhibition Area: All waters west of the channel of 
the Introcoastal Waterway between the Royal Palm bascule bridge north 
to Lake Worth LT 12 (LLNR 46875) in approximate position 26-42.54N, 
080-02.5W.
    (2) Racecourse/Airshow Area: All waters of the Atlantic Ocean west 
of a line drawn from 26-46.82N, 080-01.26W to 26-49.37N, 080-01.26W.
    (b) Special local regulations.
    (1) Entry into the regulated areas by other than event participants 
is prohibited unless otherwise authorized by the Patrol Commander. At 
the completion of scheduled races and exhibitions, and departure of 
participants from the regulated areas, traffic may resume normal 
operations. At the discretion of the 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 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 are required to maintain a safe distance from the 
racecourse at all times.
    (c) Dates. This section is effective from 9 a.m. to 10 p.m. EDT on 
August 13, 14, 15 and 16, 1998, for the regulated area described in 
paragraph (a)(1) of this section, and from 8 a.m. to 4 p.m. EDT on 
August 15 and 16, 1998, for the regulated area described in paragraph 
(a)(2) of this section.

    Dated: July 30, 1998.
R.C. Olsen, Jr.,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 98-21801 Filed 8-12-98; 8:45 am]
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