[Federal Register: September 9, 2004 (Volume 69, Number 174)]
[Proposed Rules]
[Page 54598-54600]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se04-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-04-099]
RIN 1625-AA08
Special Local Regulations; World Championship Super Boat Race,
Deerfield Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish temporary special local
regulations for the World Championship Super Boat Race held offshore of
Deerfield Beach, Florida. These special local regulations limit 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: Comments and related material must reach the Coast Guard on or
before September 24, 2004.
ADDRESSES: You may mail comments and related material to Coast Guard
Sector Miami, 100 MacArthur Causeway, Miami Beach, FL 33139. Coast
Guard Sector Miami maintains the public docket [CGD07-04-099] for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at Coast Guard Sector 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: Boatswain's Mate Chief D. Vaughn,
Coast Guard Sector Miami, FL at (305) 535-4317.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD07-04-
099], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Coast Guard Sector Miami at the
address under ADDRESSES explaining why one would be beneficial. If we
determine that one would aid this rulemaking, we will hold one at a
time and place announced by later notice in the Federal Register.
Background and Purpose
Super Boat International Productions, Inc., is sponsoring a high-
speed power boat race proposed for October 10, 2004, from 10 a.m. until
5 p.m., in the Atlantic Ocean off Deerfield Beach, Florida. The race
organizers expect 80 participants and 200 spectator craft for this
event. The event takes place outside of the marked channel so that it
will not interfere with commercial shipping. Recreational vessels and
fishing vessels normally operate in the waters proposed 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 boats
racing at high speeds in proximity to other vessels. The rule prohibits
non-participating vessels from entering the regulated race area
offshore of Deerfield Beach, Florida, during the event. The sponsoring
organization proposes to patrol and provide safety services for the
regulated area in the form of the following: 3 race equipment check
boats, 6 medical boats, 10 safety and manatee-sea turtle watch boats, 3
media coverage boats, and 2 medical rescue helicopters. The race
schedule follows:
1. The regulated area will be closed one (1) hour before the racing
begins to ensure that manatees, sea turtles and spectators are no
longer in the regulated area.
2. At 11 a.m., smaller vessels will race in the following manner:
Super Stock (S)..................... 65 miles (10 Laps).
Manufactures (F) 1.................. 59 miles (9 Laps).
Divisional (P) 1, 2, 3, 4, 5........ 40 miles (6 Laps).
3. At 1 p.m., racing begins for the Superboats in the following
manner:
Superboat (Cat) & Superboat VEE (V). 104 miles (16 Laps).
Superboat Unlimited & Superboat Vee 104 miles (16 Laps).
Unlimited.
Superboat Vee Limited (VL), 84 miles (13 Laps).
Superboat Limited (Cat), Super X
(X).
A Coast Guard Patrol commander will be present during the event to
monitor compliance with this regulation.
Discussion of Proposed 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 powerboat races. These dangers include race craft
traveling at high speed in close proximity to one other and in
relatively close proximity to spectator craft. Due to these concerns,
public safety requires these regulations to provide for the safety of
life on the navigable waters.
Regulatory Evaluation
This proposed 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).
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We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This regulation would affect a limited area offshore of Deerfield
Beach, Florida, and only for a limited time period. It would be
effective October 10, 2004 from 10 a.m. until 5 p.m. for the duration
of the scheduled races.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This rule would affect the following
entities, some of which may be small entities: The owners or operators
of vessels intending to transfer or anchor in a portion of the Atlantic
Ocean near Deerfield Beach, Florida from 10 a.m. until 5 p.m. on
October 10, 2004. The Coast Guard certifies under U.S.C. 605(b) that
this rule would not have a significant economic impact on a substantial
number of small entities, because this rule would regulate a very small
area, be in effect for a limited duration, and allow the transit of
commercial and recreational vessels between races. Moreover, all vessel
traffic can pass safely around the zone. Before the effective period,
maritime advisories would be issued over VHF-FM radio to allow the
maritime community to plan accordingly.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under Section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding and
participating in this rulemaking. The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
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 proposed rule would call 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 of local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandated 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 or 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of material, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or
[[Page 54600]]
adopted by voluntary consensus standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 not 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.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; Department of Homeland Security
Delegation No. 0170.1
2. From 10 a.m. until 5 p.m. on October 10, 2004, 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 area encompasses all waters
located inside of a line connecting the following positions located
offshore of Deerfield Beach, Florida:
Point 1: 26[deg]17'08'' N, 080[deg]04'41'' W,
Point 2: 26[deg]17'06'' N, 080[deg]04'17'' W,
Point 3: 26[deg]19'49'' N, 080[deg]04'16'' W,
Point 4: 26[deg]19'49'' N, 080[deg]03'48'' W,
All coordinates referenced use Datum: NAD 1983.
(2) The spectator area encompasses all waters located within a box
bounded by the following positions located offshore of Deerfield Beach,
Florida:
Point 1: 26[deg]17'07'' N, 080[deg]04'26'' W,
Point 2: 26[deg]17'06'' N, 080[deg]04'17'' W,
Point 3: 26[deg]19'49'' N, 080[deg]03'57'' W,
Point 4: 26[deg]19'49'' N, 080[deg]03'48'' 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 Sector Miami,
Florida.
(c) Special Local Regulations. From 10 a.m. until 5 p.m. on October
10, 2004, non-participant vessels are prohibited from entering the
regulated area unless authorized by the Coast Guard Patrol Commander.
Spectator craft may remain in the designated spectator area but must
follow the directions of the Coast Guard Patrol Commander. The Coast
Guard Patrol Commander can be contacted on VHF marine band radio,
channel 16.
(d) Dates: This section is effective from 10 a.m. until 5 p.m. on
October 10, 2004.
Dated: August 30, 2004.
D.B. Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-20456 Filed 9-8-04; 8:45 am]
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