Special Local Regulations; Miller Lite Offshore Challenge Boat Race at Islamorada, FloridaGold Cup Series

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-97-041]

RIN 2115-AE46

Special Local Regulations; Miller Lite Offshore Challenge Boat

Race at Islamorada, Florida--Gold Cup Series

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: Temporary special local regulations are being proposed for the

Miller Lite Offshore Challenge Boat Race at Islamorada, Florida,

sponsored by Offshore Power Boat Racing Association, Inc. This event

will be held on October 4, 1997, between 11 a.m. and 3 p.m. Eastern

Daylight Time (EDT). These regulations are needed to provide for the

safety of life on navigable waters during the event.

DATES: Comments must be received on or before September 25, 1997.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Key West,

Key West, Florida 33040-0005. The telephone number is (305) 292-8734.

Comments will become a part of the public docket and will be available

for copying and inspection at the same address.

FOR FURTHER INFORMATION CONTACT:

QMC Culver, project officer, USCG Group Key West, (305) 292-8734.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD07-97-041) and the specific section of

this proposal to which each comment applies and give the reason for

each comment.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a public

hearing by writing to QMC Culver at the address under ADDRESSES. The

request should include why a hearing would be beneficial. If it

determines that the opportunity for oral presentations will aid this

rulemaking, the Coast Guard will hold a public hearing at a time and

place announced by a notice in the Federal Register.

Discussion of Regulations

These proposed special local regulations are being considered for

the Miller Lite Offshore Challenge Boat Race at Islamorada, Florida.

The event will be held from 11 a.m. to 3 p.m. EDT, on October 4, 1997.

Approximately 45 power boats and 200 spectator crafts are expected to

participate in the Miller Lite Offshore Challenge Boat Race. The power

boats will be competing at high speeds and operating in close proximity

to the spectators, creating an extra or unusual hazard on navigable

waters. These regulations are needed to provide for the safety of life

on navigable waters during the event.

Regulatory Evaluation

This proposal is not a significant regulatory action under section

3(f) of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that order. It

has been exempted from review by the Office of Management and Budget

under that order. It is not significant under the regulatory policies

and procedures of the Department of Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard expects the economic impact of this

proposal to be so minimal that a full

[[Page 45199]]

Regulatory Evaluation under paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary. Entry into the regulated area is

prohibited for only 4 hours on the day of the event.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposed rule, if adopted, will

have a significant economic impact on a substantial number of small

entities. ``Small entities'' include small businesses, not-for-profit

organizations that are independently owned and operated and are not

dominant in their field, and governmental jurisdictions with

populations of less than 50,000.

Therefore, the Coast Guard certifies under section 605(b) that this

rule will not have a significant effect upon a substantial number of

small entities as the regulations will only be in effect for

approximately 4 hours in a limited area.

Collection of Information

This proposal contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that the rulemaking does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the environmental impact of this

action and has determined pursuant to section 2.B.2.e(35)(b) of

Commandant Instruction M16475.1B that this action is categorically

excluded from further environmental documentation. A Categorical

Exclusion Determination and Environmental Assessment Checklist are

available in the docket for inspection and copying.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

Proposed Regulations

In consideration of the foregoing, the Coast Guard proposes to

amend, Part 100 of Title 33, Code of Federal Regulations, as follows:

PART 100--[AMENDED]

1. The authority citation for part 100 continues to read as

follows:

Authority: 33 U.S.C. 1233, 49 CFR 1.46 and 33 CFR 100.35.

2. A temporary section 100.35-T07-041 is added to read as follows:

Sec. 100.35-T07-041 Miller Lite Offshore Challenge Boat Race;

Islamorada, FL.

(a) Definitions:

(1) Regulated Area. All navigable waters within a line drawn

through the following points:

24-54-00N, 080-35-07W; thence to, 24-53-07N, 080-35-04W; thence to,

24-55-08N, 080-33-00W; thence to, 24-55-08N, 080-34-08W.

All coordinates referenced use datum: NAD 1983.

(2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander

is a commissioned, warrant, or petty officer of the United States Coast

Guard who has been designated by Coast Guard Group Key West, Florida.

(b) Special Local Regulations. (1) Entry into the regulated area,

by other than event participants, is prohibited unless otherwise

authorized by the patrol commander. In the event the Miller Lite

Offshore Challenge cannot be held on October 4, 1997 due to adverse

weather conditions, these regulations will be in effect at the same

times on October 5, 1997.

(2) A succession of not less than 5 short whistle or horn blasts

from a patrol vessel will be the signal for any non-participating

vessel to take immediate steps to avoid collision. The display of a red

distress flare from a patrol vessel will be a signal for any and all

vessels to stop immediately.

(c) Date. This section becomes effective at 11 a.m. and terminates

at 3 p.m. EDT on October 4, 1997. In the event of adverse weather

conditions on October 4, 1997, the event will be held the following

day, October 5, 1997, during the same time period.

Dated: August 15, 1997.

R.C. Olsen, Jr.,

Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District

Acting.

[FR Doc. 97-22670 Filed 8-25-97; 8:45 am]

BILLING CODE 4910-14-M