[Federal Register: September 1, 2004 (Volume 69, Number 169)]
[Proposed Rules]
[Page 53373-53375]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se04-23]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-04-101]
RIN 1625-AA08
Special Local Regulations; Columbus Day Regatta, Biscayne Bay,
Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent local
regulations for the Columbus Day Regatta. The event is held annually
from 10 a.m. to 5 p.m. on Saturday and Sunday of Columbus Day weekend
on Biscayne Bay, Miami, Florida. The regulations create a regulated
area that temporarily limits the movement of non-participant vessels.
These regulations are needed to provide for the safety of life on
navigable waters during the event.
DATES: Comments and related material must reach the Coast Guard on or
before October 1, 2004.
ADDRESSES: You may mail comments and related material to Sector Miami,
100 MacArthur Causeway, Miami
[[Page 53374]]
Beach, Florida 33139. Sector Miami maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at Sector Miami between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: BMC D. Vaughn, Coast Guard Sector
Miami, Miami Beach, Florida, (305) 535-4317.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD07-04-
101), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Sector Miami at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
Columbus Day Regatta, Inc., sponsors a sailboat race with
approximately 500 sailboats, ranging in length from 20 to 60 feet, that
participate in the event. The race takes place in Biscayne Bay, from
Dinner Key to Soldier Key, Saturday and Sunday during the second
weekend in October (Columbus Day Weekend). Approximately 50 spectator
craft, and several hundred additional vessels, transit the area for the
annual event. These regulations are intended to provide for the safety
of life on the waters of Biscayne Bay during the event by controlling
traffic in the regulated area.
Discussion of Proposed Rule
This rule creates a regulated area and prohibits non-participant
vessels from entering the regulated area without the permission of the
Coast Guard Patrol Commander. When the Coast Guard Patrol Commander
determines that it is safe for vessels to transit the regulated area,
vessel traffic may resume normal operations at the completion of the
scheduled races and exhibitions, and between scheduled racing events.
The regulated area encompasses all waters within the following points:
(A) 25[deg] 43[min] 24[sec] N, 080[deg] 12[min] 30[sec] W; (B) 25[deg]
43[min] 24[sec] N, 080[deg] 10[min] 30[sec] W; (C) 25[deg] 33[min]
00[sec] N, 080[deg] 11[min] 30[sec] W; (D) 25[deg] 33[min] 00[sec] N,
080[deg] 15[min] 54[sec] W; (E) 25[deg] 40[min] 00[sec] N, 080[deg]
15[min] 00[sec] W.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
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 not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. Entry into the regulated area is
prohibited for only limited time periods. Additionally, when the Coast
Guard Patrol Commander determines that it is safe for vessels to
transit the regulated area, vessel traffic may be allowed to resume
normal operations at the completion of scheduled races and exhibitions
and between scheduled racing events. Also, vessels may otherwise be
allowed to enter the regulated area with permission of the Coast Guard
Patrol Commander. Finally, advance notifications to the maritime
community through marine information broadcasts will allow mariners to
adjust plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: the owners or
operators of vessels intending to transit or anchor in a portion of
Biscayne Bay, between Dinner Key and Soldier Key, from 10 a.m. to 5
p.m., on the Saturday and Sunday of Columbus Day weekend. The
regulations will only be in effect for 2 days in an area of limited
commercial traffic. Also, vessel traffic will be allowed to resume
normal operations at the completion of scheduled races and exhibitions,
and between scheduled racing events, when the Coast Guard Patrol
Commander determines it is safe to do so. Vessels may otherwise be
allowed to enter the regulated area with permission of the Coast Guard
Patrol Commander.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT. The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed
[[Page 53375]]
this proposed rule under that Order and have determined that it does
not have implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order, because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation. Under figure 2-1, paragraph (34)(h), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 100.729 to read as follows:
Sec. 100.729 Columbus Day Regatta, Biscayne Bay, Miami, FL.
(a) Regulated area. A regulated area is established for the
Columbus Day Regatta, Biscayne Bay, Miami, Florida. The regulated area
encompasses all waters within the following points: (1) 25[deg] 43'
24'' N, 080[deg] 12' 30'' W; (2) 25[deg] 43' 24'' N, 080[deg] 10' 30''
W; (3) 25[deg] 33' 00'' N, 080[deg] 11' 30'' W; (4) 25[deg] 33' 00'' N,
080[deg] 15' 54'' W; (5) 25[deg] 40' 00'' N, 080[deg] 15' 00'' W
(b) Definitions. Coast Guard Patrol Commander means a commissioned,
warrant, or petty officer of the Coast Guard who has been designated by
Commanding Officer, Coast Guard Station Miami Beach.
Law Enforcement Vessels are those vessels that are clearly marked
and identifiable as being on government non-commercial service and
authorized to that effect, including any boat embarked on such vessels.
(c) Special local regulations. (1) All vessels and persons with the
exception of those participating in the Columbus Day Regatta are
prohibited from entering into the regulated area without permission
from the Coast Guard Patrol Commander.
(2) Each day, at the completion of scheduled races and exhibitions,
and departure of participants from the regulated area, the Coast Guard
Patrol Commander may permit traffic to resume normal operations.
(3) Between scheduled racing events, the Coast Guard Patrol
Commander may permit traffic to resume normal operations for a limited
time.
(4) A succession of not fewer than 5 short whistle or horn blasts
from a Coast Guard patrol vessel will be the signal for any and all
vessels to take immediate steps to avoid collision.
(5) The provisions in this paragraph do not apply to law
enforcement vessels or their crews.
(d) Effective Period: This rule is effective annually from 10 a.m.
until 5 p.m. Saturday and Sunday during the second weekend in October
(Columbus Day weekend).
Dated: August 10, 2004.
D.B. Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-19913 Filed 8-31-04; 8:45 am]
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