[Federal Register: July 7, 2006 (Volume 71, Number 130)]
[Rules and Regulations]
[Page 38517-38520]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy06-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD 07-06-107]
RIN 1625-AA08
Special Local Regulations: Suncoast Offshore Grand Prix; Gulf of
Mexico, Sarasota, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: This rule temporarily suspends the permanent special local
[[Page 38518]]
regulations for the Suncoast Offshore Challenge and the Suncoast
Offshore Grand Prix in the Gulf of Mexico near Sarasota, Florida. By
existing permanent special local regulations, these two race events
have nearly identical course and time characteristics, however one
event is held annually on the first Saturday of July and the other
event is held annually on the first Sunday of July. This year, the
sponsor has decided to combine the events into a single day, reduce the
length of the racecourse, and modify the times of the event. Therefore,
this rule also adds new temporary special local regulations to account
for the changes and provide for the safety of life for the
participating vessels, spectators, and mariners on the navigable waters
of the United States during the event.
DATES: This rule is effective from 10 a.m. until 5 p.m. on July 2,
2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD 07-06-107] 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 3:30 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. 8307.
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 exact location and
dimensions of the race area were not provided to the Coast Guard with
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 transiting
the area.
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. The Coast Guard will
issue a broadcast notice to mariners and will place Coast Guard or
local law enforcement vessels in the vicinity of this area to advise
mariners of the restriction.
Background and Purpose
The Annual Suncoast Offshore Challenge and Annual Offshore Grand
Prix in the Gulf of Mexico near Sarasota, Florida are governed by
permanent regulations at 33 CFR 100.719 and 33 CFR 100.720,
respectively, and are normally held on the first Saturday and Sunday of
July between 10 a.m. and 4 p.m. Event coordinators have decided to
combine the two events to take place on Sunday, July 2, 2006, between
10 a.m. and 5 p.m. Event coordinators are also reducing the length of
the racecourse which would allow for Big Sarasota Pass channel to
remain open during the event.
Discussion of Rule
This temporary rule is necessary to accommodate the rescheduling of
the Annual Suncoast Offshore Challenge onto the date of the Annual
Suncoast Offshore Grand Prix race date and to modify the regulated area
to account for changes in the length of the racecourse. This rule will
temporarily suspend 33 CFR 100.719 and 33 CFR 100.720, and temporarily
add a new regulation, 33 CFR 100.T07-107, which is a combination of the
suspended regulations. The Coordinates of the regulated area will be
modified to reflect a reduced length in the racecourse and the opening
of Big Sarasota Pass to vessel traffic, which is blocked under the
existing special local regulations. This temporary regulation will be
in effect from 10 a.m. until 5 p.m. on July 2, 2006.
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 would be in effect for a limited
time and is located in an area where vessel traffic is limited.
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
would 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 Lido Key in Sarasota, FL in the
vicinity of Big Sarasota Pass and New Pass annually from 10 a.m. to 5
p.m. on the first Sunday in July. This rule would not have a
significant economic impact on a substantial number of small entities
since it will be in effect for a limited time in an area where vessel
traffic is limited.
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 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 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 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
[[Page 38519]]
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 would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This 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 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 would not create an
environmental risk to health or risk to safety that might
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 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 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. Special local regulations issued in
conjunction with a marine event permit are specifically excluded from
further analysis and documentation under those sections.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' is 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.
Sec. 100.719 [Suspended]
0
2. From 10 a.m. until 5 p.m. on Sunday, July 2, 2006, suspend Sec.
100.719.
Sec. 100.720 [Suspended]
0
3. From 10 a.m. until 5 p.m. on Sunday, July 2, 2006, suspend Sec.
100.720.
0
4. From 10 a.m. until 5 p.m. on Sunday, July 2, 2006, add a new
temporary Sec. 100.T07-107 to read as follows:
Sec. 100.T07-107 Suncoast Offshore Grand Prix; Gulf of Mexico,
Sarasota, FL.
(a) Regulated Area. The regulated area encompasses all waters
within the following positions (All coordinates referenced use datum:
NAD 83):
27[deg]19'47'' N, 82[deg]35'28'' W
27[deg]19'47'' N, 82[deg]36'23'' W
27[deg]15'39'' N, 82[deg]36'23'' W
27[deg]15'39'' N, 82[deg]32'43'' W
27[deg]17'53'' N, 82[deg]33'59'' W
27[deg]19'47'' N, 82[deg]35'28'' W
(b) Spectator Area. The spectator area is established within the
following positions (All coordinates referenced use datum: NAD 83):
27[deg]18'19'' N, 82[deg]36'13'' W
27[deg]16'53'' N, 82[deg]35'58'' W
27[deg]16'56'' N, 82[deg]35'35'' W
27[deg]18'23'' N, 82[deg]35'48'' W
(c) Race Area. The race area is established within the following
positions (All coordinates referenced use datum: NAD 83):
27[deg]16'30'' N, 82[deg]35'17'' W
27[deg]16'30'' N, 82[deg]35'02'' W
27[deg]18'17'' N, 82[deg]34'45'' W
27[deg]18'53'' N, 82[deg]35'01'' W
27[deg]18'47'' N, 82[deg]35'39'' W
(d) Special local regulations. (1) The regulated area as defined in
paragraph (a) is an idle speed, ``no wake'' zone.
(2) Vessels may transit but may not loiter within the regulated
area as defined in paragraph (a), but may not transit within 1,000 feet
of the race area as defined in paragraph (c).
(3) Anchoring for spectators will be permitted within the spectator
area only as defined in paragraph (b).
(4) All vessel traffic not involved with the Suncoast Offshore
Grand Prix, entering and exiting New Pass between 10 a.m. and 5 p.m.
EDT must exit at New Pass Channel day beacon 3 (27[deg]26'28''
N, 82[deg]41'42'' W, LLNR 18100) and 4 (27[deg]26'24'' N,
82[deg]41'41'' W, LLNR 18105), and must proceed in a northerly
direction, taking action to avoid a close-quarters situation until
finally past and clear of the racecourse. All coordinates referenced
use datum: NAD 83.
(5) All vessel traffic not involved with the Suncoast Offshore
Grand Prix, entering and exiting Big Sarasota Pass Channel will be
allowed to transit only within the marked channel at Big Sarasota Pass
Channel, taking action to
[[Page 38520]]
avoid a close-quarters situation until finally past and clear of the
racecourse.
(6) Entry within the race area as defined in paragraph (c) is
prohibited for all vessels not officially registered with the sponsor
and displaying colored pennants to aid in their identification.
(e) Effective Period. This section will be enforced from 10 a.m.
until 5 p.m. EDT, Sunday, July 2, 2006.
Dated: June 20, 2006.
D.W. Kunkel,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. E6-10584 Filed 7-6-06; 8:45 am]
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