[Federal Register Volume 67, Number 131 (Tuesday, July 9, 2002)]
[Rules and Regulations]
[Pages 45311-45313]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 02-17096]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07-02-013]
RIN 2115-AE46
Special Local Regulations; Deerfield Beach Super Boat Race,
Deerfield Beach, FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations for the Deerfield Beach Super Boat Race. This event will be
held from 10 a.m. to 4 p.m. on July 14, 2002. This rule is necessary to
provide for the safety of life on navigable waters during the event.
DATES: This rule is effective from 10 a.m. on July 14, 2002 until 4
p.m. on July 15, 2002.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in the preamble as being available in the docket
are part of docket CGD07-02-013 and are available for inspection or
copying at Coast Guard Group Miami, 100 MacArthur Causeway, Miami
Beach, FL, between the hours of 7:30 a.m. and 3 p.m., Monday through
Friday except Federal holidays.
FOR FURTHER INFORMATION CONTACT: BMC V. Sorensen, 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 a NPRM. Publishing a NPRM, which would
incorporate a comment period before a final rule could be issued, would
be contrary to public safety interests since immediate action is needed
to minimize potential danger to the public because there will be
numerous spectator craft in the area.
For the same reason, 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.
On May 7, 1998, the Coast Guard published a Notice of Proposed
Rulemaking in the Federal Register (63 FR 25187), seeking comments on
the establishment of permanent special local regulations for the
Deerfield Beach Super Boat Race. No comments were received during the
comment period. On June 26, 1998, the Coast Guard published a final
rule in the Federal Register (63 FR 34813) creating the permanent
special local regulations in 33 CFR 100.733. The published rule is
effective on the third Sunday in July.
However, this year the third Sunday in July will put the race the
weekend before the mini-lobster season. The race organizers are moving
the race date up one week this year to avoid conflict with vessels and
people preparing for the mini-lobster season.
[[Page 45312]]
Background and Purpose
Super Boat International Productions Inc., is sponsoring a high-
speed power boat race that will take place on July 14, 2002 in the
Alantic Ocean off Deerfield Beach, Florida. Approximately 35 race
boats, ranging in length from 24 to 50 feet, will participate in the
event. There will also be approximately 200 spectator craft. The race
boats will be competing at high speeds with numerous spectator craft in
the area, creating a hazard in the navigable waterways. These
regulations will create a regulated area offshore of Deerfield Beach
that will only allow participant vessels to enter and establish a
spectator craft area.
The permanent special local regulations in 33 CFR Sec. 100.733 have
been in place since 1998. The rule is effective on the third Sunday in
July. However, this year the third Sunday in July will put the race the
weekend before the mini-lobster season. The race organizers are moving
the race date this year to avoid conflict with vessels and people
preparing for the mini-lobster season.
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 Transportation
(DOT) (44 FR 11040, February 26, l979).
The Coast Guard expects the economic impact of this proposed rule
to be so minimal that a full Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of Department of
Transportation is unnecessary because vessels will be able to transit
around the regulated area and entry into the regulated area is
prohibited for only 6 hours on the day of the event.
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 because small entities will be able to transit around the
regulated area and entry into the regulated area is prohibited for only
6 hours on the day of the event.
A regulated area encompasses all waters within a box established by
joining the following points:
Corner point 1: 26 deg.19.7'N-080 deg.04.4'W
Corner point 2: 26 deg.19.7'N-080 deg.03.7'W
Corner point 3: 26 deg.15.7'N-080 deg.04.1'W
Corner point 4: 26 deg.15.7'N-080 deg.04.9'W
A spectator area is established in the vicinity of the regulated
area for spectator traffic and encompasses all waters within a box
established by joining the following points:
Corner point 1: 26 deg.15.7'N-080 deg.03.9'W
Corner point 2: 26 deg.15.7'N-080 deg.04.1'W
Corner point 3: 26 deg.19.7'N-080 deg.03.7'W
Corner point 4: 26 deg.19.7'N-080 deg.03.5'W
All coordinates reference Datum NAD: 83.
Entry into the regulated area by non-participant persons or vessel
is prohibited unless authorized by the Coast Guard Patrol Commander.
After the completion of scheduled races and the departure of
participants from the regulated area, traffic may resume normal
operations at the discretion of the Coast Guard Patrol Commander. The
Coast Guard Patrol Commander may also permit traffic to resume normal
operations between scheduled racing events.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered 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. Although 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 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
[[Page 45313]]
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. It has not been
designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action. Therefore, it does
not require a Statement of Energy Effects under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph 34(h), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100-MARINE EVENTS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46.
2. From 10 a.m. on July 14, 2002 until 4 p.m. on July 15, 2002, add
temporary Sec. 100.35T-07-013 to read as follows:
Sec. 100.35T-07-013 Annual Deerfield Beach Super Boat Race; Deerfield
Beach, Florida.
(a) Regulated area. (1) A regulated area encompasses all waters
within a box established by joining the following points:
Corner point 1: 26 deg.19.7'N-080 deg.04.4'W
Corner point 2: 26 deg.19.7'N-080 deg.03.7'W
Corner point 3: 26 deg.15.7'N-080 deg.04.1'W
Corner point 4: 26 deg.15.7'N-080 deg.04.9'W
(2) A spectator area is established in the vicinity of the
regulated area for spectator traffic and encompasses all waters within
a box established by joining the following points:
Corner point 1: 26 deg.15.7'N-080 deg.03.9'W
Corner point 2: 26 deg.15.7'N-080 deg.04.1'W
Corner point 3: 26 deg.19.7'N-080 deg.03.7'W
Corner point 4: 26 deg.19.7'N-080 deg.03.5'W
All coordinates reference Datum NAD: 83.
(b) Special local regulations. (1) Entry into the regulated area by
non-participant persons and vessels is prohibited unless authorized by
the Coast Guard Patrol Commander. After the completion of scheduled
races and the departure of participants from the regulated area,
traffic may resume normal operations at the discretion of the Coast
Guard Patrol Commander. The Coast Guard Patrol Commander may also
permit traffic to resume normal operations between scheduled racing
events.
(c) 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.
(d) Dates. This rule will be enforced from 10 a.m. to 4 p.m. on
July 14, 2002. If the event is postponed on July 14, it will be
enforced from 10 a.m. to 4 p.m. on July 15, 2002.
Dated: June 27, 2002.
J. W. Stark,
Captain, Coast Guard, Commander, Seventh Coast Guard District, Acting.
[FR Doc. 02-17096 Filed 7-8-02; 8:45 am]
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