[Federal Register: June 15, 2005 (Volume 70, Number 114)]
[Rules and Regulations]
[Page 34658-34659]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn05-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD 07-05-019]
RIN 1625-AA08
Special Local Regulations: Annual Offshore Super Series Boat
Race, Fort Myers Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing permanent special local
regulations for the Offshore Super Series Boat Race in Fort Myers Beach
Florida. This event will be held annually during the second consecutive
Saturday and Sunday of June between 10 a.m. and 5 p.m. EDT (Eastern
Daylight Time). Historically, there have been approximately 350
participant and spectator craft. The resulting congestion of navigable
channels creates an extra or unusual hazard in the navigable waters of
the United States. This rule is necessary to ensure the safety of life
for the participating vessels, spectators, and mariners in the area on
the navigable waters of the United States.
DATES: This rule is effective July 15, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD 07-05-019] and are available for inspection or
copying at Coast Guard Marine Safety Office Tampa between 7:30 a.m. and
4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jennifer
Andrew at Coast Guard Marine Safety Office Tampa (813) 228-2191 Ext
8203.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 26, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations: Annual Offshore Super Series
Boat Race, Fort Myers Beach, FL in the Federal Register (70 FR 21376).
We received no comments on the proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
The Offshore Super Series will sponsor an offshore powerboat race
on the near-shore waters of Fort Myers Beach, Florida. The annual event
will be held on the second consecutive Saturday and Sunday in June from
10 a.m. to 5 p.m. The event will host approximately 50 participant
vessels that travel up to speeds of 130 mph and approximately 300
spectator craft. This regulation is needed to provide for the safety of
life on the Navigable waters of the United States during the Annual
Offshore Super Series Boat Race in the vicinity of the racecourse. The
anticipated concentration of spectator and participant vessels
associated with the event poses a safety concern that is addressed in
this special local regulation.
Discussion of Comments and Changes
No comments were received for this rule.
Discussion of Rule
This regulation includes a regulated area around the racecourse
that will prohibit all non-participant vessels and persons from
entering the regulated area annually from 10 a.m. to 5 p.m. on the
second consecutive Saturday and Sunday of June. The regulation will
only permit anchoring of spectator vessels seaward of a designated
spectator line. All spectator craft will be required to remain seaward
of a designated spectator line. Although the regulation allows
continuous entry and exit to Matanzas Pass Channel for the duration of
the event, the northern portion of the regulated area is in very close
proximity to the channel entrance. In order to avoid incursions into
the northern portion of the regulated area by vessels avoiding
collision due to traffic congestion in the channel, the rule will
require vessels entering and exiting Matanzas Pass to proceed
cautiously and take early action to avoid close-quarters situations
until finally past and clear of the regulated area. This regulation is
intended to provide for the safety of life on the navigable waters of
the United States for event participants and for mariners traveling in
the vicinity of the near-shore waters of Fort Myers Beach Florida.
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. The regulation will be in effect for only a
limited time in an area where vessel traffic is limited and vessels
will still be allowed to enter and exit through Matanzas Pass Channel.
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. This rule may affect the following entities, some of which
may be small entities: the owners and operators of vessels intending to
transit near to shore at Fort Myers Beach, FL in the vicinity of
Matanzas Pass annually from 10 a.m. to 5 p.m. on the second consecutive
Saturday and Sunday in June. This rule will not have a significant
economic impact on a substantial number of small entities since it
would only be in effect for a limited time in an area where vessel
traffic is limited and vessels will still be allowed to enter and exit
through Matanzas Pass Channel.
Assistance for Small Entities
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
[[Page 34659]]
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. Though 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. 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.
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 materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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. As a special local regulation issued in
conjunction with a boat race, this rule satisfies the requirements of
paragraph (34)(h). 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 the reasons discussed in the preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100--MARINE EVENTS AND REGATTAS
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 Sec. 100.740 to read as follows:
Sec. 100.740 Annual Offshore Super Series Boat Race; Fort Myers
Beach, FL.
(a) Regulated area. (1) The regulated area is formed by the
following coordinates; point 1: 26[deg]27'43''N, 81[deg]58'22''W south
to point 2: 26[deg]27'05''N, 81[deg]58'37''W east to point 3:
26[deg]25'39''N, 81[deg]55'46''W north to point 4: 26[deg]26'14''N,
81[deg]55'22''W and west to original point 1: 26[deg]27'43''N,
81[deg]58'22''W. All coordinates referenced use datum: NAD 83.
(2) The spectator line is formed by the following coordinates;
point 1: 26[deg]26'53''N, 81[deg]58'27''W east to point 2:
26[deg]25'32''N, 81[deg]53'57''W. All coordinates referenced use datum:
NAD 83.
(b) Special local regulations.
(1) Non-participant vessels and persons are prohibited from
entering the regulated area as defined in paragraph (a)(1) of this
section.
(2) All vessel entering and exiting Matanzas Pass Channel shall
proceed cautiously and take early action to avoid close-quarters
situations until finally past and clear of the regulated area.
(3) Anchoring is only permitted seaward of the spectator line as
defined in paragraph (a)(2) of this section.
(c) Enforcement Dates. This section will be enforced annually from
10 a.m. to 5 p.m. EDT on the second consecutive Saturday and Sunday of
June.
Dated: June 2, 2005.
W.E. Justice,
Capt, U.S. Coast Guard, Acting Commander, Seventh Coast Guard District.
[FR Doc. 05-11822 Filed 6-14-05; 8:45 am]
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