[Federal Register: April 18, 2003 (Volume 68, Number 75)]
[Rules and Regulations]
[Page 19150-19152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap03-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-03-041]
RIN 1625-AA08
Special Local Regulations; Miami Beach Super Boat Race, Miami
Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations for the Miami Beach Super Boat Grand Prix powerboat race.
This event will be in the Atlantic Ocean, off Miami Beach, Florida on
April 27, 2003. This regulation is necessary to provide for the safety
of life on navigable waters during the event.
DATES: 33 CFR 100.730 is suspended from April 1, 2003 until April 30,
2003. Temporary Sec. 100.35T-07-041 is effective from 10 a.m. until 4
p.m. on April 27, 2003.
ADDRESSES: Documents indicated in the preamble are available for
inspection or copying at Coast Guard Group Miami, 100 MacArthur
Causeway, Miami Beach, Florida, between the hours of 7:30 a.m. and 3
p.m., Monday through Friday except Federal holidays.
FOR FURTHER INFORMATION CONTACT: BM1 D. Vaughn, Coast Guard Group
Miami, Florida 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)(3)(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 final rule could be issued,
would be contrary to public safety interests since immediate action is
needed to minimize potential danger to the public associated with the
large number of vessels expected for this event. Permanent special
local regulations similar to this temporary rule have been in place for
this event since 1998 effective on the third Sunday in April each year.
However, this year the third Sunday in April is Easter Sunday. The race
organizers are moving the race date this year to avoid a conflict with
the holiday.
For the same reasons, under 5 U.S.C. 553, good cause exists for
making this regulation effective in 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 April 27, 2003 in the
Alantic Ocean off Miami 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 in the area. The
race boats will be competing at high speeds with numerous spectator
vessels on scene, requiring control over vessel traffic in the area.
Discussion of Rule
These regulations create two regulated areas offshore from Miami
Beach for this event. The first regulated area surrounds the race
course and non-participant vessels are prohibited from entering this
area without authorization from the Coast Guard Patrol Commander. The
second regulated area establishes a spectator craft viewing area where
spectator vessels may enter to watch the race.
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). We expect the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary, because non-participant vessels
are only prohibited from entering one of the regulated areas for 6
hours on the day of the event. Also, vessels should be able to transit
around this one regulated area.
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 non-participant vessels are only prohibited from
entering one of the regulated areas for 6 hours on the day of the
event. Also, vessels should be able to transit around this one
regulated area.
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.
[[Page 19151]]
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 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 analyzed this rule under Commandant Instruction M16475.lD,
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. Under figure 2-1, paragraph (34)(h), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For 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.
0
2. From April 1, 2003 until April 30, 2003, temporarily suspend 33 CFR
100.730
0
3. Add a new temporary Sec. 100.35T-07-041 to read as follows:
Sec. 100.35T-07-041 Miami Beach Super Boat Race; Miami Beach,
Florida.
(a) Regulated areas. (1) Race course. A regulated area is
established by a line joining the following points:
Corner point 1: 25-46.30 N, 080-07.85 W
Corner point 2: 25-46.30 N, 080-06.82 W
Corner point 3: 25-51.30 N, 080-06.20 W
Corner point 4: 25-51.30 N, 080-07.18 W.
All coordinates reference Datum NAD: 83.
(2) Spectator area. A regulated area is established in the vicinity
of the race course for spectator traffic and is defined by a line
joining the following points:
Corner point 1: 25-51.30 N, 080-06.15 W
Corner point 2: 25-51.30 N, 080-05.85 W
Corner point 3: 25-46.30 N, 080-06.55 W
Corner point 4: 25-46.30 N, 080-06.77 W.
All coordinates reference Datum NAD: 83.
(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 Commander, Coast Guard Group Miami, Florida.
(c) Special local regulations. (1) Non-participant vessels are
prohibited from entering the race course regulated area unless
authorized by the Coast Guard Patrol Commander.
(2) When notified by the Coast Guard Patrol Commander, after the
completion of scheduled races and the departure of participants from
the race course regulated area, vessel traffic may resume normal
operations. (3) At the discretion of the Coast Guard Patrol Commander,
traffic may be permitted to resume normal operations between scheduled
racing events.
(d) Effective date. This rule is effective from 10 a.m. to 4 p.m.
on April 27, 2003.
[[Page 19152]]
Dated: April 10, 2003.
F.M. Rosa,
Captain, U.S. Coast Guard, Acting, Commander, Seventh Coast Guard
District.
[FR Doc. 03-9647 Filed 4-17-03; 8:45 am]
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