[Federal Register: October 9, 2007 (Volume 72, Number 194)]
[Rules and Regulations]
[Page 57200-57202]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc07-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP MIAMI 07-142]
RIN 1625-AA00
Safety Zone; Monthly Biscayne Bay Yacht Racing Association
Cruising Races, Biscayne Bay, Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Monthly Biscayne Bay Yacht Racing Association (BBYRA) Cruising
Races, which will temporarily limit the movement of non-participant
vessels in Biscayne Bay near Miami, FL. This temporary safety zone is
intended to restrict vessels from entering the waters where the event
will be held unless specifically authorized by the Captain of the Port,
Miami, Florida or his designated representative. This regulation is
needed to protect the safety of participants, marine spectators and
recreational and professional mariner traffic.
DATES: This rule is effective from 11 a.m. until 4 p.m. each day on
Saturday, September 8, 2007 and Sunday, October 14, 2007.
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 COTP MIAMI 07-142 and are available for inspection
or copying at Sector Miami, 100 MacArthur Causeway, Miami Beach, Fl
33139 between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: MSTCS R. Johnson, 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. Notice of these events was not
provided to the Coast Guard with sufficient time to publish an NPRM and
receive public comment before the event dates. This temporary rule is
necessary to ensure the safety of participants, spectators, and the
general public from the hazards associated with a boat race.
For the same reasons, the Coast Guard also finds, under 5 U.S.C.
(d)(3), that
[[Page 57201]]
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register.
Background and Purpose
The Biscayne Bay Yacht Racing Association is sponsoring the Monthly
BBYRA Cruising Races, and approximately 35 sailboats, 20 to 54 feet in
the length, are expected to participate. The event will be held each
day from 11 a.m. until 4 p.m. on September 8, 2007 and October 14,
2007. The public is invited to attend. The high concentration of event
participants, spectators, and the general boating public presents an
extra hazard to the safety of life on the navigable waters of the
United States. A temporary safety zone encompassing the waters in
Biscayne Bay & the Intracoastal Waterway is necessary to protect
participants as well as spectators from hazards associated with the
event.
Discussion of Rule
This rule establishes a temporary safety zone for the Monthly BBYRA
Cruising Races in Biscayne Bay near Miami, FL. The safety zone is 100
yards around all race participants as they transit the waters of
Biscayne Bay south of the Rickenbaucker Causeway to Latitude
25[deg]32'00''. Vessels are prohibited from anchoring, mooring, or
transiting within these zones, unless authorized by the Captain of the
Port, Miami, Florida, or his designated representative. If the Coast
Guard Patrol Commander determines that it is safe for vessels to
transit the regulated area, vessels may proceed through the regulated
area between scheduled racing events. A succession of not fewer that 5
short whistle or horn blasts from a Coast Guard patrol vessel will be
the signal for any and all vessels within the regulated area to take
immediate steps to avoid collision. Traffic may resume normal
operations at the completion of the scheduled races and exhibitions as
determined by the Coast Guard Patrol Commander. The temporary safety
zone will protect the participants and the public from the dangers
associated with the event. This regulation is effective each day from
11 a.m. until 4 p.m. on September 8, 2007 and October 14, 2007.
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Entry into the regulated
area is prohibited for only limited time periods, and all vessels
should be able to safety transit around the regulated area at all
times. If the Coast Guard Patrol Commander determines that it is safe
for vessels to transit the regulated area, vessels may proceed through
the regulated area between scheduled racing events. Traffic may resume
normal operations at the completion of scheduled races and exhibitions
as determined by the Coast Guard Patrol Commander. Finally, advance
notifications to the maritime community through marine information
broadcasts will allow mariners to adjust their 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
may be small entities: The owners or operators of vessels intending to
transit or anchor in the waters of Biscayne Bay during the effective
period. This temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons. This rule will be in effect for only 5.0 hours during the day,
vessel traffic may safely pass around the safety zone, and vessels may
pass through the regulated area with the 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 want to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
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 does not create an
environmental risk to
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health or risk to safety that may 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 does 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)(g), of the Instruction, from further environmental
documentation. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' will be available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security Measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165-REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T07-142 to read as follows:
Sec. 165.T07-142 Safety Zone: Monthly Biscayne Bay Yacht Racing
Association Cruising Races; Biscayne Bay, Miami, FL.
(a) Location. The following area is a safety zone: All waters
within 100 yards around all participants in the BBYRA Cruising Races as
they transit the waters of Biscayne Bay south of the Rickenbaucker
Causeway to Latitude 25[deg]32'00''.
(b) Definition. The following definition applies to this section:
Designated representative is a Coast Guard Patrol Commander,
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 of Miami in
restricting vessels and persons from entering the temporary safety
zone.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, no person or vessel may anchor, moor or
transit a safety zone without permission of the Captain of the Port
Sector Miami or his designated representative. To request permission to
enter into a safety zone, the designated representative may be
contacted on VHF channel 16.
(2) At the completion of scheduled races and exhibitions, and
departure of participants from the area, the Coast Guard Patrol
Commander may permit traffic to resume normal operations.
(3) Between scheduled 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 within the safety zone defined in paragraph (a) to take
immediate steps to avoid collision.
(d) Effective Dates. This rule is effective each day from 11 a.m.
to 4 p.m. on Saturday, September 8, 2007 and on Sunday, October 14,
2007.
Dated: September 7, 2007.
K.L. Schultz,
Captain, U.S. Coast Guard, Captain of the Port Miami, FL.
[FR Doc. E7-19744 Filed 10-5-07; 8:45 am]
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