[Federal Register: November 7, 2003 (Volume 68, Number 216)]
[Rules and Regulations]
[Page 63018-63019]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no03-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-03-099]
RIN 1625-AA08
Special Local Regulations; World Championship Super Boat Race,
Deerfield Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: Temporary special local regulations are being established for
the World Championship Super Boat Race held offshore of Deerfield
Beach, Florida. These special local regulations restrict the movement
of non-participating vessels in the regulated race area and provide for
a viewing area for spectator craft. This rule is needed to provide for
the safety of life on navigable waters during the event.
DATES: This rule is effective from 11 a.m. on November 4, 2003, until 4
p.m. on November 9, 2003.
ADDRESSES: Documents indicated in the preamble as being available in
the docket are part of docket [CGD07-03-099] and are available for
inspection or copying at Coast Guard Group Miami, 100 MacArthur
Causeway, Miami Beach, FL 33139 between 8 a.m. and 4:30 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Daniel Vaughn, Coast Guard Group
Miami, FL 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. Publishing an NPRM, which
would incorporate a comment period before a temporary rule could be
issued, would be impracticable and contrary to public interest since
immediate action is needed to minimize the potential danger to the
public posed by the powerboat race and the number of expected spectator
craft.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
Background and Purpose
Super Boat International Productions Inc. is sponsoring a high
speed power boat race that will take place on November 4, 6, and 9,
2003, from 11 a.m. until 4 p.m. in the Atlantic Ocean off Deerfield
Beach, Florida. The race organizers anticipate 80 participants and 200
spectator craft. The event will take place outside of the marked
channel and will not interfere with commercial shipping. Recreational
vessels and fishing vessels normally operate in the waters being used
for the event. This rule is required to provide for the safety of life
on navigable waters because of the inherent dangers associated with
power boat races. The rule prohibits non-participating vessels from
entering the regulated race area offshore of Deerfield Beach, Florida
during the event. A Coast Guard Patrol Commander will be present during
this event to monitor compliance with this regulation.
Discussion of Rule
This rule will create two regulated areas, a race area and a
viewing area. These regulated areas assist in providing for the safety
of life on navigable waters and minimizing the inherent dangers
associated with power boat races. These dangers include race craft
traveling at high speeds in close proximity to one other, and in
relatively close proximity to spectator craft. Due to these concerns,
public safety requires the creation of these two regulated areas.
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). The rule will be in place in a limited area offshore of
Deerfield Beach, Florida. Although the rule will be effective from
November 4 until November 9 the rule will only be enforced on November
4, 6 and 9, from 11 a.m. until 4 p.m. each day, corresponding with the
scheduled races.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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.
This rule may affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
or anchor in a portion of the Atlantic Ocean near Deerfield Beach,
Florida from 11 a.m. until 4 p.m. on November 4, 6, and 9, 2003. The
Coast Guard certifies under U.S.C. 605(b) that this rule will not have
a significant economic impact on a substantial number of small entities
because this rule will be in effect for a limited duration, the rule
regulates a very small area, and commercial and recreational vessels
may be allowed to transit through the zone during breaks in the racing.
Moreover, all vessel traffic can pass safely around the zone. Before
the effective period, we will issue maritime advisories over VHF-FM
radio to allow the maritime community to plan accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. Small
entities may contact the person listed under FOR FURTHER INFORMATION
CONTACT for assistance in understanding and participating in this
rulemaking.
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).
[[Page 63019]]
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 will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect 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 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.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
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)(h), of the Instruction, from further environmental
documentation. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' are available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and record keeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100, as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 100.35T-07-099 to read as follows:
Sec. 100.35T-07-099 World Championship Super Boat Race; Deerfield
Beach, Florida.
(a) Regulated areas. (1) The regulated race area encompasses all
waters located within a line connecting the following positions located
offshore of Deerfield Beach, Florida--Point 1: 26[deg]15.70 N,
080[deg]04.90 W; Point 2: 26[deg]15.70 N, 080[deg]04.10 W, Point 3:
26[deg]19.70 N, 080[deg]03.70 W, and Point 4: 26[deg]19.70 N,
080[deg]04.40 W. All coordinates referenced use Datum: NAD 1983.
(2) The regulated viewing area encompasses all waters located
within a line connecting the following positions located offshore of
Deerfield Beach, Florida--Point 1: 26[deg]15.50 N; 080[deg]04.20 W;
Point 2: 26[deg]15.50 N; 080[deg]04.00 W; Point 3: 26[deg]19.39 N;
080[deg]03.90 W; and Point 4: 26[deg]19.39 N; 080[deg]04.05 W. 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, Coast Guard Group Miami,
Florida.
(c) Special Local Regulations. From 11 a.m. until 4 p.m. on
November 4, November 6, and November 9, 2003, non-participant vessels
are prohibited from entering the race area unless authorized by the
Coast Guard Patrol Commander. Spectator craft may remain in the
designated viewing area, but must follow the directions of the Coast
Guard Patrol Commander.
(d) Dates: This section is effective from 11 a.m. on November 4,
2003, until 4 p.m. on November 9, 2003.
Dated: October 31, 2003.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 03-28012 Filed 11-6-03; 8:45 am]
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