[Federal Register: October 19, 2004 (Volume 69, Number 201)]
[Rules and Regulations]
[Page 61442-61444]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc04-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-04-120]
RIN 1625-AA08
Special Local Regulations; Columbus Day Regatta, Biscayne Bay,
Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent local regulation
for the Columbus Day Regatta. The event is held annually on Saturday
and Sunday of the Columbus Day weekend on Biscayne Bay, Miami, Florida.
This regulation creates a regulated area that temporarily limits the
movement of non-participant vessels. This regulation is needed to
provide for the safety of life on navigable waters during the event.
DATES: This rule is effective October 9, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD07-04-120) and will be available for inspection
or copying at Coast Guard 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:
Regulatory Information
On September 1, 2004, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations; Columbus Day Regatta,
Biscayne Bay, Miami, FL'' in the Federal Register (FR Doc. 04-19913).
We received no letters commenting on the proposed rule. No public
meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The event is to be held on 9 and
10 October 2004 and it is in the interest of public safety to have this
rule in effect at this time.
Background and Purpose
Columbus Day Regatta, Inc., sponsors a sailboat race with
approximately 500 sailboats, ranging in length from 20 to 60 ft, that
participate in the event. The
[[Page 61443]]
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 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:
Latitude Longitude
25[deg]43'24'' N 080[deg]12'30'' W
25[deg]43'24'' N 080[deg]10'30'' W
25[deg]33'00'' N 080[deg]11'30'' W
25[deg]33'00'' N 080[deg]15'54'' W
25[deg]40'00'' N 080[deg]15'00'' W
Regulatory Evaluation
This 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 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 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit or anchor in that 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding this rule so that they could better evaluate
its effects on them and participate in the rulemaking process. The
Coast Guard offered its availability to answer inquiries from the
public through responses to any comments generated by this rulemaking.
No comments were received.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls 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 this 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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 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 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 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.
[[Page 61444]]
Energy Effects
We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
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.
0
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:
Latitude Longitude
25[deg]43'24'' N 080[deg]12'30'' W
25[deg]43'24'' N 080[deg]10'30'' W
25[deg]33'00'' N 080[deg]11'30'' W
25[deg]33'00'' N 080[deg]15'54'' W
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.
(c) Special Local Regulations.
(1) Entry into the regulated area by non-participant persons or
vessels is prohibited unless authorized by the Coast Guard Patrol
Commander.
(2) 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.
(d) Enforcement periods. This rule will be enforced from 10 a.m.
until 5 p.m. Saturday and Sunday during the second weekend in October
(Columbus Day weekend).
Dated: October 6, 2004.
D. Brian Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-23371 Filed 10-18-04; 8:45 am]
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