

[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

[[Page 57202]]

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]

BILLING CODE 4910-15-P
