[Federal Register: June 26, 1998 (Volume 63, Number 123)] [Rules and Regulations] [Page 34813-34814] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26jn98-21] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 100 [CGD07-98-024] RIN 2115-AE46 Special Local Regulations; Deerfield Beach Super Boat Race, Deerfield Beach, FL AGENCY: Coast Guard, DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing permanent special local regulations for the Deerfield Super Boat Grand Prix powerboat race. This event will be held annually during the third Sunday of July, between 12:30 p.m. and 4 p.m. Eastern Daylight Time (EDT). The regulations are necessary to provide for the safety of life on navigable waters during the event. DATES: This rule becomes effective June 26, 1998. ADDRESSES: Documents as indicated in the preamble are available for inspection or copying at Coast Guard Group Miami, 100 MacArthur Causeway, Miami Beach, FL, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday except Federal holidays. Telephone (305) 535-4448. FOR FURTHER INFORMATION CONTACT: AMCS T. Kjerulff, Coast Guard Group Miami, FL at (305) 535-4448. SUPPLEMENTARY INFORMATION: Regulatory History On May 7, 1998, the Coast Guard published a Notice of Proposed Rulemaking in the Federal Register (63 FR 25187), seeking comments on the establishment of permanent special local regulations for the Deerfield Super Boat race. No comments were received during the comment period. Background and Purpose Super Boat International Productions Inc., is sponsoring a high speed power boat race that will take place annually on the third Sunday in July in the Atlantic Ocean off Deerfield Beach, Florida. Approximately thirty-five (35) race boats, ranging in length from 24 to 50 feet, will participate in the event. There will also be approximately two [[Page 34814]] hundred (200) spectator craft. The race boats will be competing at high speeds with numerous spectator crafts in the area, creating an extra or unusual hazard in the navigable waterways. These regulations will create a regulated area offshore Deerfield Beach that will only allow participant vessels to enter, and a spectator craft area. In accordance with 5 U.S.C. 553, good cause exists for making this regulation effective in less than 30 days after Federal Register publication. Delaying its effective date would be contrary to national safety interests since immediate action is needed to minimize potential danger to the public, as the sponsors only recently determined that the event would be held on the third Sunday of July each year and there was not sufficient time remaining for a full comment period and delayed effective date. Regulatory Evaluation This rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. It has been exempted from review by the Office of Management and Budget under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. Entry into the regulated area is prohibited for only 4.5 hours on the day of the event year. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider whether this rule will have a significant economic impact on a substantial number of small entities. ``Small entities'' include small businesses, non-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. Therefore, 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, as the regulations would only be in effect in a limited area offshore Deerfield Beach for approximately 4.5 hours one day each year. Collection of Information These regulations contain no collection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) Federalism This action has been analyzed in accordance with the principles and criteria contained in Executive Order 12612, and it has been determined that the rulemkaing does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Environmental Assessment The Coast Guard has considered the environmental impact of this action and has determined pursuant to Figure 2-1, paragraph 34(h) of Commandant Instruction M16475.1C, that this rule is categorically excluded from further environmental documentation. A Categorical Exclusion Determination has been prepared and is available in the docket for inspection or copying. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. Final Regulations In consideration of the foregoing, the Coast Guard amends Part 100 of Title 33, Code of Federal Regulations, as follows: PART 100--[AMENDED] 1. The authority citation for Part 100 continues to read as follows: Authority: 33 U.S.C. 1233, 49 CFR 1.46 and 33 CFR 100.35. 2. Add section 100.733 to read as follows: Sec. 100.733 Annual Deerfield Beach Super Boat Race; Deerfield Beach, Florida. (a) Regulated Areas. (1) A regulated area is established by a line joining the following points: Corner point 1: 26 17.7'N-080 04.4'W Corner point 2: 26 19.7'N-080 03.9'W Corner point 3: 26 15.7'N-080 04.4'W Corner point 4: 26 15.7'N-080 04.9'W. All coordinates reference Datum NAD: 83. (2) A spectator area is established in the vicinity of the regulated area for spectator traffic and is defined by a line joining the following points: Corner point 1: 26 15.7'N-080 03.9'W Corner point 2: 26 15.7'N-080 04.1'W Corner point 3: 26 19.7'N-080 03.7'W Corner point 4: 26 19.7'N-080 03.5'W. All coordinates reference Datum NAD: 83. (3) A buffer zone of 406 yards separates the racecourse and the spectator fleet. (b) Special local regulations. (1) Entry into the regulated area by other than event participants is prohibited unless otherwise authorized by the Patrol Commander. After the completion of scheduled races and the departure of participants from the regulated area, traffic may resume normal operations. At the discretion of the Patrol Commander, traffic may be permitted to resume normal operations between scheduled racing events. (2) A succession of not fewer than 5 short whistle or horn blasts from a patrol vessel will be the signal for any and all vessels to take immediate steps to avoid collision. The display of an orange distress smoke signal from a patrol vessel will be the signal for any and all vessels to stop immediately. (3) Spectators are required to maintain a safe distance from the racecourse at all times. (c) Effective Date. This section becomes effective annually on the third Sunday of July at 12 p.m. and terminates at 4:30 p.m. EDT. Dated: June 17, 1998. R.C. Olsen, Jr., Captain U.S. Coast Guard, Acting Commander, Seventh Coast Guard District. [FR Doc. 98-17071 Filed 6-25-98; 8:45 am] BILLING CODE 4910-15-M