[Federal Register: November 24, 1999 (Volume 64, Number 226)] [Rules and Regulations] [Page 66106-66107] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24no99-9] ======================================================================= ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: Temporary special local regulations are established for the Puerto Rico International Cup, in Fajardo, Puerto Rico. The event will be held from 1 p.m. to 2:30 p.m. 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: These regulations become effective at 12 p.m. and terminate at 3:30 p.m. AST on December 5, 1999. FOR FURTHER INFORMATION CONTACT: Mr. John Reyes at (787) 729-5381. SUPPLEMENTARY INFORMATION: Regulatory Information On August 31, 1999, the Coast Guard published a notice of proposed rulemaking concerning these regulations in the Federal Register (64 FR 47461). No comments were received during the comment period. Background and Purpose These regulations create a regulated area offshore Fajardo, Puerto Rico which prohibits 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, in Fajardo, Puerto Rico. In accordance with 5 U.S.C. 553, good cause exists for making this rule effective in less that 30 days after Federal Register publication. Delaying [[Page 66107]] its effective date would be contrary to national safety interests and there was not sufficient time remaining for a full 30-day delayed effective date after the end of the comment period. The proposed rule had a full 60-day comment period. No comments were received and the event has been well publicized. Regulatory Evaluation This 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)(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 Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this rule 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 only 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 rulemaking 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 fields, and governmental jurisdictions with populations of less then 50,000. Therefore, 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, as the regulations will only be in effect for approximately 3\1/2\ hours in a limited area off Fajardo. 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 We have analyzed this rule under Executive Order 13132, and have determined that this rule does not have implications for federalism under that order. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) governs the issuance of Federal Regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a State, local or tribal government or the private sector to incur direct costs without the Federal Government's having first provided the funds to pay those unfunded mandate costs. This rule will not impose an unfunded mandate. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not concern an environmental risk to health or risk to safety that may disproportionately affect children. Environment The Coast Guard considered the environmental impact of this rule and concluded that under Figure 2-1, paragraph 34(h) of Commandant Instruction M16475.1C, this rule is categorically excluded from further environmental documentation. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. Final Regulations: In consideration of the foregoing, the Coast Guard amends 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) Special Local Regulations: Entry into the regulated area by other than event participants is prohibited, unless otherwise authorized by the Patrol Commander. (d) Dates: These regulations become effective at 12 p.m. and terminate at 3:30 p.m. AST on December 5, 1999. Dated: November 15, 1999. Thad W. Allen, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 99-30658 Filed 11-23-99; 8:45 am] BILLING CODE 4910-15-U