[Federal Register Volume 62, Number 52 (Tuesday, March 18, 1997)]
[Rules and Regulations]
[Pages 12750-12751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6735]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07 97-008]
RIN 2115-AE46


Special Local Regulations; Miami Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Special local regulations are being adopted for the Miami 
Super Boat Race. The event will be held on April 20, 1997, 1000 feet 
off the Miami Beach shore from 12:30 p.m. EDT (Eastern Daylight Time) 
until 3:30 p.m. The regulations are needed to provide for the safety of 
life on navigable waters during the event.

EFFECTIVE DATE: These regulations become effective at 11:30 a.m. and 
terminate at 4:30 p.m. EDT on April 20, 1997.

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

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, good cause 
exists for making these regulations effective without publication of a 
notice of proposed rulemaking. Final environmental replies concerning 
these regulations were only received in this office in early February. 
Publishing a NPRM and delaying its effective date would be contrary to 
national safety interests, since immediate action is needed to minimize 
potential danger to the public due to an expected large concentration 
of participant and spectator craft.

Discussion of Regulations

    Super Boat International Productions Inc., is sponsoring a high 
speed power boat race with approximately thirty-five (35) race boats, 
ranging in length from 24 to 50 feet, participating in the event. There 
will be approximately two hundred (200) spectator craft. The race will 
take place in the Atlantic Ocean 1,000 feet off the Miami Beach shore 
from Miami Beach Clock Tower to Atlantic Heights. The race boats will 
be competing at high speeds with numerous spectator craft in the area, 
creating an extra or unusual hazard in the navigable waterways.

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. 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 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 area is 
prohibited for only 5.0 hours on the 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 rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated 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).
    The Coast Guard certifies under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), that this rule will not have a 
significant economic impact on a substantial number of small entities 
because the regulations will only be in effect for a total of 5 hours 
in a limited area.

Collection of Information

    These 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 
action consistent with Section 2.B. of Commandant Instruction 
M16475.1B. In

[[Page 12751]]

accordance with that section, specifically sections 2.B.4 and 2.B.5, 
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 from QMC T.E. Kjerulff, Coast Guard Group 
Miami, Florida, (305) 535-4448.

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:

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. A temporary section 100.35T-07-007 is added to read as follows:


Sec. 100.35T-07-007   Miami Beach, FL.

    (a) Regulated Area.
    (1) A regulated area is established 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 reference Datum: NAD 1983.

    (2) A spectator area is established in the vicinity of 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 reference Datum: NAD 1983.

    (3) A buffer zone of 300 feet separates the race course and the 
spectator areas.
    (b) Special local regulations.
    (1) Entry into the regulated area by other than event participants 
is prohibited unless otherwise authorized by the 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 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 
race course at all times.
    (c) Effective date. These regulations become effective at 11:30 
a.m. and terminate at 4:30 p.m. EDT on April 20, 1997.

    Dated: March 3, 1997.
R.C. Olsen, Jr.,
Acting Captain U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 97-6735 Filed 3-17-97; 8:45 am]
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