[Federal Register: March 7, 2005 (Volume 70, Number 43)]
[Rules and Regulations]
[Page 10889-10891]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr05-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-05-010]
RIN 1625-AA08
Special Local Regulations; Rowing Regattas, Indian Creek, Miami
Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations for several rowing regattas on Indian Creek, in the
vicinity of the 63rd Street Bridge, Miami Beach, Florida. This rule is
necessary to insure the safety of life of participants and spectators
in the regatta area. This rule is intended to restrict vessels from
entering the regulated area during the events unless specifically
authorized by the Captain of the Port, Miami, Florida, or his
designated representative. The rule further prohibits anchoring or
mooring in the regulated area during the events.
DATES: This rule is effective from 8 a.m. on March 6, 2005 through 2
p.m. on April 29, 2005.
ADDRESSES: Documents indicated in the preamble as being available in
the docket, are part of docket [CGD07-05-010] and are available for
inspection or copying at Coast Guard Sector Miami, 100 MacArthur
Causeway, Miami Beach, FL 33139 between 8 a.m. and 4:30 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: BMC D. Vaughn or BMC R. Terrell, Coast
Guard Sector Miami, Florida, at (305) 535-4317.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. One sponsor of the event was
unable to provide complete information about the event until January
31, 2005, and this did not allow enough time for an NPRM and a comment
period. Delaying this rule would be contrary to the public interest as
the special local regulations are needed to ensure the safety of
spectators and regatta participants during the event, and immediate
action is necessary to prevent possible loss of life or property.
Under 5 U.S.C. 553(d)(3), for the same reasons articulated in the
preceding paragraph, the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register.
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 [CGD07-05-
010], 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 received and may change the
rule in view of them.
Background and Purpose
Miami Beach Watersports Center, Inc. and the University of Miami
are separately sponsoring several rowing regattas on March 6, March 12,
and April 29, 2005 from 8 a.m. until 2 p.m. These regattas share a
common regatta area on Indian Creek in Miami Beach, Florida. The
regatta area extends from 1 nm south of the 63rd Street Bridge to the
entrance of Surprise Lake, Miami Beach, Florida. The race organizers
anticipate 200 participants. Event races will take place to one side of
the waterway and participant vessels will use the other side of the
waterway to return along the length of the racecourse once each race is
complete. Recreational vessels and fishing vessels normally operate in
the waters being regulated. This rule is required to provide for the
safety of life on navigable waters because of the inherent dangers
associated with rowing races and dangers imposed by non-participant
vessels. The rule prohibits non-participant vessels from entering the
regulated race area on Indian Creek, Miami Beach, Florida during the
event unless authorized by the Captain of the Port, Miami, Florida, or
his designated representative. Anchoring and mooring within the
regulated area will also be prohibited.
Discussion of Rule
The special local regulations for this event prohibit non-
participant vessels from entering the regulated area unless authorized
by the Coast Guard Captain of the Port or his designated
representative.
The regulated area encompasses all waters of Indian Creek from one
nautical mile south of the 63rd Street Bridge to the entrance of
Surprise Lake. No anchoring will be permitted in the regulated area.
This rule will be effective from 8 a.m. on March 6, 2005 through 2
p.m. on April 29, 2005 to cover all three crew regattas, however the
regulated area will only be enforced from 8 a.m. to 2 p.m. on each of
the event dates of March 6, March 12 and April 29, 2005.
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. This event is a stationary event, and the
regulated area will only be enforced for approximately 6 hours on each
event day (March 6, March 12, and April 29) during which non-
participant vessels will still be allowed to transit the area with
permission of the Capt of the Port, Miami or his designated
representative.
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.
[[Page 10890]]
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities. This rule may affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit or anchor in the regulated area from 8 a.m. to 2
p.m. on March 6, March 12, and April 29, 2005. These special local
regulations will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
regulated area will only be enforced for approximately 6 hours on each
of the three event days at a time of day when vessel traffic is low.
Vessel traffic will still be allowed to transit the regulated area with
the permission of the Captain of the Port, Miami or his designated
representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. 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 persons listed under FOR
FURTHER INFORMATION for assistance in understanding this rule.
Small business 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 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 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 would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would 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.
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. As special local regulations established
in conjunction with a regatta, this rule fits within paragraph (34)(h).
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.q
0
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
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.
[[Page 10891]]
0
2. From 8 a.m. on March 6, 2005 through 2 p.m. on April 29, 2005 add
temporary Sec. 100.T07-010 to read as follows:
100.T-07-010 2005 Special Local Regulations; Rowing Regattas; Indian
Creek, Miami Beach, FL
(a) Regulated area. (1) The regulated area encompasses all waters
from shore to shore, located on Indian Creek from one nautical mile
south of the 63rd Street Bridge to the entrance of Surprise Lake, Miami
Beach, Florida.
(2) Races will be conducted on the western side of the regulated
area with race participants returning along the length of the
racecourse via the eastern side of the regulated area.
(b) Regulations. In accordance with Sec. 100.35 of this part, all
vessels and persons are prohibited from anchoring, mooring, or entering
into the regulated area unless authorized by the Coast Guard Captain of
the Port, Miami, Florida or his designated representative. Persons
desiring to enter into or transit the regulated area may seek
permission from the Captain of the Port of Miami via telephone, at
(305) 535-8701, or from his designated representative on-scene. All
persons and vessels within the regulated area must comply with the
instructions of the Captain of the Port or his designated
representative.
(c) Definitions. Designated representative means Coast Guard Patrol
Commanders including Coast Guard coxswains, petty officers and other
officers operating Coast Guard vessels, and federal, state, and local
officers designated by or assisting the Captain of the Port (COTP),
Miami, Florida, in the enforcement of the special local regulations.
(d) Enforcement period. This section will be enforced from 8 a.m.
to 2 p.m. on March 6, March 12, and April 29, 2005.
Dated: February 16, 2005.
W.E. Justice,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 05-4294 Filed 3-4-05; 8:45 am]
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