[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Rules and Regulations]
[Pages 27782-27783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13726]



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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: Goast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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 regulations are necessary to provide for the safety of 
life on navigable waters during the event.

DATES: June 18, 1996.

FOR FURTHER INFORMATION CONTACT:

QMC T.E. Kjerulff, project officer, Coast Guard Group Miami, FL at 
(305) 535-4448.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, the final 
rule will be made effective in less than 30 days from the date of 
publication in the Federal Register. Following normal rulemaking 
procedures will be impracticable, unnecessary, and contrary to the 
public interest. A notice of proposed rulemaking for this rule was 
published in the Federal Register (61 FR 13122) with a 50 day comment 
period. Due to the extended comment period, which expired on May 15, 
1996, the final rule will be made effective in less than 30 days from 
the date of publication in the Federal Register in order to hold the 
event. During the extended comment period, no comments were received 
regarding this rulemaking, and this final rule does not change the 
provisions of the NPRM.

Regulatory History

    On March 26, 1996, the Coast Guard published a notice of proposed 
rulemaking entitled ``Miami Super Boat Race; Miami Beach, FL'' (CGD07-
96-018) in the Federal Register (61 FR 13122). The comment period ended 
May 15, 1996. The Coast Guard received no comments during the proposed 
rulemaking comment period. A public hearing was not requested and one 
was not held.

Discussion of Regulations

    These regulations are needed to provide for the safety of life 
during 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. EDT. 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. 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 special local regulations. The resulting congestion of navigable 
channels creates an extra or unusual hazard in the navigable waters.
    The race area will 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 will be established in the regulated area for spectator 
traffic and will 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. These regulations will also 
include a buffer zone of 300 feet between the race course and the 
spectator area defined above.
    Entry into the regulated area by other than event participants will 
be prohibited unless otherwise authorized by the Coast Guard Patrol 
Commander. However, the Coast Guard Patrol Commander may at his 
discretion permit traffic to resume normal operations between scheduled 
racing events.
    The regulations will also established 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 will be the signal 
for any and all vessels to stop immediately. All spectators not in the 
designated spectator areas above will be required to remain clear of 
the race at all times.

Regulatory Evaluation

    This rule 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
These regulations will last for only 4 hours each day of the event. No 
public comments were received during the notice of proposed rulemaking 
comment period.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this action 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

[[Page 27783]]

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 that this action will not have a significant economic 
impact on a substantial number of small entities.

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 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. The Coast Guard has concluded that this action will not 
significantly affect the quality of the human environment.

List of Subjects in 33 CFR Part 100

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

Final Regulations

    In consideration of the foregoing, the Coast Guard amends Part 100 
of Title 33, Code of Federal Regulations, 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 Commander, Coast Guard Group Miami, Miami Beach, 
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 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, as defined 
above, are required to keep 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. EDT annually during the second Sunday of June.

    Dated: May 16, 1996.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 96-13726 Filed 5-31-96; 8:45 am]
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