[Federal Register: April 26, 2005 (Volume 70, Number 79)]
[Proposed Rules]
[Page 21376-21378]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap05-20]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish 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 proposed 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: Comments and related material must reach the Coast Guard on or
before May 26, 2005.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office Tampa, 155 Columbia Drive, Tampa, Florida 33606-
3598. The Waterways Management Division maintains the public docket 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 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:
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 (CGD 07-05-
019), 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 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 Marine Safety Office
Tampa 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 a later notice in the Federal
Register.
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
is proposed for 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. The proposed 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 near-
shore waters off Fort Myers Beach, Florida. The anticipated
concentration of spectator and participant vessels associated with the
event poses a safety concern, which is addressed in this proposed
special local regulation.
Discussion of Proposed Rule
The proposed regulation would include a regulated area around the
racecourse that would prohibit all non-participant vessels and persons
from entering the proposed regulated area annually from 10 a.m. to 5
p.m. on the
[[Page 21377]]
second consecutive Saturday and Sunday of June. The proposed regulation
would only permit anchoring of spectator vessels seaward of a
designated spectator line. All spectator craft would be required to
remain seaward of a designated spectator line. Although the proposed
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 proposed rule would 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 proposed 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 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).
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. The proposed regulation would be
in effect for only a limited time in an area where vessel traffic is
limited and vessels will still be allowed to entry and exit Matanzas
Pass Channel.
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 proposed 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 proposed rule
would 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 Matanzas Pass Channel.
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 identified in the FOR
FURTHER INFORMATION CONTACT. 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.
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 or 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 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 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 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
[[Page 21378]]
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 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.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 proposed 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.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
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--SAFETY OF LIFE ON NAVIGABLE WATERS
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.
2. Add Sec. 100.736 to read as follows
Sec. 100.736 Annual Offshore Super Series Boat Race; Fort Myers
Beach, FL.
(a) Regulated areas. (1) The regulated area is formed within 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 1983.
(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 1983.
(b) Special local regulations. (1) Non-participant vessels and
persons are prohibited from entering the regulated area as defined in
paragraph (a)(1).
(2) All vessels 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).
(4) Spectator vessels must remain seaward of the spectator line as
defined in paragraph (a)(2).
(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: April 14, 2005.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 05-8263 Filed 4-25-05; 8:45 am]
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