[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Rules and Regulations]
[Page 68333-68335]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no05-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-05-116]
RIN 1625-AA08
Special Local Regulations: Offshore Super Series Boat Race, St.
Petersburg Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the Offshore Super Series Boat Race in St. Petersburg
Beach, Florida, in the vicinity of the Don Cesar Hotel. This event will
be held November 16th, 17th, 19th, and 20th, 2005 between 11 a.m. and 5
p.m. EDT (Eastern Daylight Time). Historically, there have been
approximately 400 participant and spectator craft. The nature of high
speed boats traveling at speeds in excess of 130 miles per hour 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 from 10:30 a.m. on November 16, 2005
through 5:30 p.m. on November 20, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD07-05-116] and are available for
inspection or copying at Coast Guard Sector St. Petersburg, Prevention
Department, 155 Columbia Drive, Tampa, Florida 33606-3598 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 Sector St. Petersburg, Prevention Department,
(813) 228-2191, Ext. 8203.
[[Page 68334]]
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. The details surrounding the
final date and location of the Offshore Super Series Boat Race were not
determined until recently due to the required consults with
environmental partners and event sponsors. Therefore, we did not have
sufficient time to publish an NPRM. Publishing an NPRM and delaying its
effective date would be contrary to the public interest since immediate
action is needed to minimize potential danger to the public and
participants during the Offshore Super Series Boat Race. The Coast
Guard will issue a broadcast notice to mariners to advise mariners of
the regulation. Additionally, Coast Guard assets will be on scene and
they will also provide notice of the regulation to mariners.
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
Offshore Super Series Incorporated will sponsor an offshore
powerboat race on the near-shore waters of St. Petersburg Beach,
Florida, in the vicinity of the Don Cesar Hotel. The event is scheduled
for November 16, 17, 19, and 20, 2005 between 11 a.m. and 5 p.m. EDT
(Eastern Daylight Time). The event will host approximately 50
participant vessels that travel at speeds in excess of 130 mph and
approximately 350 spectator craft. This regulation is needed to provide
for the safety of life on the Navigable waters of the United States
during the Offshore Super Series Boat Race on the near-shore waters of
St. Petersburg Beach, Florida, in the vicinity of the Don Cesar Hotel.
The anticipated concentration of spectator and participant vessels
associated with the event poses a safety concern, which is addressed in
this special local regulation.
Discussion of Rule
This rule includes a regulated area approximately 1,000 feet around
the racecourse in all directions that prohibits all non-participant
vessels and persons from entering the regulated area from 10:30 a.m. to
5:30 p.m. on November 16, 17, 19, and 20, 2005. 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 St. Petersburg Beach, Florida,
in the vicinity of the Don Cesar Hotel.
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 Coast Guard expects the impact of this rule to be
so minimal that a full Regulatory Evaluation under the regulatory
policies and procedures of DHS is unnecessary because the safety zone
will only be in effect for a limited period of time. Moreover, vessels
may enter with the express permission of the Captain of the Port of St.
Petersburg or his designated representative.
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 or operators of vessels intending to
transit the near-shore waters of St. Petersburg Beach, Florida, in the
vicinity of the Don Cesar Hotel from 10:30 a.m. to 5:30 p.m. on
November 16, 17, 19, and 20, 2005. This regulated area will not have a
significant economic impact on a substantial number of small entities
as this rule will be in effect for a limited period of time in an area
where vessel traffic is extremely low. Additionally, vessel traffic may
be allowed to enter the regulated area with the expressed permission of
the Captain of the Port of St. Petersburg or his designated
representative.
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 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.
[[Page 68335]]
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. 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 amends 33
CFR part 100 as follows:
PART 100--MARINE EVENTS & 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. A new temporary section 100.35T-07-116 is added to read as follows:
Sec. 100.35T-07-116 Offshore Super Series Boat Race; St. Petersburg
Beach, FL.
(a) Regulated Area. The regulated area for the Offshore Super
Series Boat Race encompasses all waters of St. Petersburg Beach,
Florida in the vicinity of the Don Cesar Hotel, located within a line
connecting the following points (NAD 83):
1: 27[deg]43'26'' N, 82[deg]44'35'' W;
2: 27[deg]43'37'' N, 82[deg]46'03'' W;
3: 27[deg]43'12'' N, 82[deg]46'12'' W;
4: 27[deg]41'27'' N, 82[deg]45'32'' W.
5: 27[deg]41'14'' N, 82[deg]44'20'' W; along the contour of the shore
and returning to point 1.
(b) Special local Regulations. Non-participant vessels and persons
are prohibited from entering the Regulated Area as defined in paragraph
(a) unless authorized by the Coast Guard Patrol Commander or their
designated representative.
(c) Enforcement Period. This rule will be enforced from 10:30 a.m.
to 5:30 p.m. on November 16, 17, 19, and 20, 2005.
(d) Effective Period. This rule is effective from 10:30 a.m. on
November 16, 2005 through 5:30 p.m. on November 20, 2005.
Dated: October 28, 2005.
D. B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 05-22390 Filed 11-9-05; 8:45 am]
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