Special Local Regulations: Puerto Rico International Cup, Fajardo, Puerto Rico

DEPARTMENT OF TRANSPORTATION

33 CFR Part 100

[CGD07-99-057]

RIN 2115-AE46

Special Local Regulations: Puerto Rico International Cup,

Fajardo, Puerto Rico

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: Temporary special local regulations are being proposed for the

Puerto Rico International Cup, in Fajardo, Puerto Rico. The event will

be held from 1 p.m. to 2:30 p.m. Atlantic Standard Time (AST) on

December 5, 1999 in Fajardo, Puerto Rico. 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 November 1, 1999.

ADDRESSES: Comments may be mailed to Commander, U.S. Coast Guard

Greater Antilles Section (aton), P.O. Box S-3666, San Juan, Puerto Rico

00902, or may be delivered to the Aids to Navigation Office at the

Coast Guard Base in Old San Juan between 7:30 a.m. and 3:30 p.m. Monday

through Friday, except federal holidays. The telephone number is (787)

729-5381.

FOR FURTHER INFORMATION CONTACT: Mr. John Reyes at (787) 729-5381.

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 name and address,

identify this rulemaking (CGD07-99-057) and the specific section of

this proposal to which each comment applies, and give a reason for each

comment.

The Coast Guard will consider all comments received during the

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

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

a public hearing by writing to the address under ADDRESSES. The request

should include the reasons why a hearing would be beneficial. If the

Coast Guard determines that the opportunity for oral presentations will

aid this rulemaking, it will hold a public hearing at the time and

place announced by a notice in the Federal Register.

Background and Purpose

These proposed regulations would create a regulated area offshore

Fajardo, that would prohibit entry to non-participating vessels during

the race. The participating race boats will be competing at high speeds

with numerous spectator craft in the area, thus creating an extra or

unusual hazard on the navigable waterways. These regulations are

required to provide for the safety of life on navigable waters during

the Puerto Rico International Cup, Fajardo, Puerto Rico.

Regulatory Evaluation

This proposed regulation 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)(f) of

that order. The Office of Management and Budget has excepted it from

review 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 regulatory evaluation under paragraph 10e of the

regulated policies and procedures of DOT is unnecessary. The regulated

area encompasses Rada Fajardo, Puerto Rico, entry into which is only

prohibited for 3\1/2\ 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 rulemaking will have a

significant economic impact on a substantial number of small entities.

Small entities include small business, not-for-profit organizations

that are independently owned and operated and are not dominant under

their fields, and governmental jusridictions with populations of less

than 50,000.

Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that

this proposed rule will not have a significant economic impact on a

substantial number of small entities, as the regulations will only be

in effect for approximately 3\1/2\ hours in a limited area off Fajardo.

If, however, you think that your business or organization qualifies

as a small entity and that this proposed rule will have a significant

economic impact on your business or organization, please submit a

comment (see ADDRESSES) explaining why you think it qualifies and in

what way and to what degree this proposed rule will economically affect

it.

Collection of Information

This proposed rule 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 this proposed rulemaking does not have sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the environmental impact of this

proposed rule consistent with Figure 2-1, paragraph 34(h) of Commandant

Instruction M16475.1C, and has determined that this action is

categorically excluded from further environmental documentation.

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. Add temporary Sec. 100.35T-07-057 to read as follows:

Sec. 100.35T-07-057 Puerto Rico International Offshore Cup, Fajardo,

Puerto Rico.

(a) Regulated area: A regulated area is established for the waters

in Rada Fajardo, encompassing an area bounded by point 1 in position

18 deg.21'12''N, 065 deg. 36'51''W, thence to point 2 in position

18 deg.19'48''N, 065 deg.34'34'' W, thence to point 3 in position

18 deg.19'50'' N, 065 deg.34'26'' W, thence to point 4 in position

18 deg.22'22''N, 065 deg.35'19''W, thence to point 5 in position

18 deg.23'08''N, 065 deg.36'00''W, thence to point 6 in position

18 deg.23'08''N, 065 deg.36'09''W, thence to point 7 in position

18 deg.22'40''N, 065 deg.36'28''W, thence to point 8 in position

18 deg.21'20''N, 065 deg.36'55''W, thence return to point 1. All

coordinates referenced use Datum: NAD 1983.

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

is a commissioned, warrant, or petty officer of the Coast Guard who has

been designated by Commanding Officer, Greater Antilles Section, San

Juan, Puerto Rico.

(c) Regulations: Entry into the regulated area by other than event

participants is prohibited, unless otherwise authorized by the Patrol

Commander. Spectator craft are required to remain in a spectator area

to be established by the event sponsor, the Puerto Rico Offshore

Association.

(d) Dates: This section is effective at 12 p.m. and terminates at

3:30 p.m. AST on December 5, 1999.

Dated: August 11, 1999.

G.W. Sutton,

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

Acting.

[FR Doc. 99-22655 Filed 8-30-99; 8:45 am]

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