[Federal Register: September 11, 2003 (Volume 68, Number 176)]
[Proposed Rules]
[Page 53533-53535]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se03-23]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-03-032]
RIN 1625-AA08
Special Local Regulations; Child SMILE American Tour Fort
Lauderdale Offshore Gran Prix, Fort Lauderdale Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to create temporary special local
regulations for the Child SMILE American Tour Fort Lauderdale Offshore
Gran Prix held offshore of Fort Lauderdale Beach, Florida. These
special local regulations restrict the movement of non-participating
vessels operating in the vicinity of the race course located off Fort
Lauderdale Beach, Florida. This rule is needed to provide for the
safety of life on navigable waters during the event.
DATES: Comments and related material must reach the Coast Guard on or
before September 26, 2003.
ADDRESSES: You may mail comments and related material to Coast Guard
Group Miami, 100 MacArthur Causeway, Miami Beach, Florida 33139
attention of Chief D. Vaughn. Coast Guard Group Miami 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 Group Miami between
8 a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: BMC D. Vaughn, Coast Guard Group
Miami, Florida at (305) 535-4317.
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 (CGD07-03-
032), indicated 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\1/2\ 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.
In order to allow the public the maximum time to comment on this
proposed rule, we intend to make this proposed temporary final rule
effective less than thirty days after it is published in the Federal
Register. Due to the date of this event, we have reduced the public
comment period to 15 days to allow us to process all public comments
before deciding to publish a temporary final rule.
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 Group Miami 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
North Star Lady Inc., doing business as Over the Edge Motorsport
Marketing and the H20 Performance Marketing Group, is sponsoring a
high-speed power boat race that will take place on October 3 and 4 of
2003, in the Atlantic Ocean off Fort Lauderdale Beach, Florida. The
race organizers anticipate 70 participants and 50 spectator watercraft
for this event. The event will take place outside of the marked channel
and will not interfere with commercial shipping. Recreational vessels
and fishing vessels normally operate in the waters being used for the
event but will be able to safety operate around the regulated areas
with minimal delay. This rule is required to provide for the safety of
life on navigable waters because of the inherent danger associated with
a power boat race.
Discussion of Proposed Rule
This proposed rule would create two regulated areas, a race course
and a viewing area. The race course would encompass all waters located
shoreward of a line connecting the following positions located offshore
of Fort Lauderdale Beach, Florida:
Beginning with Point 1: 26 08.228' N-080 06.255' W, thence to
Point 2: 26 08.231' N-080 05.936' W, thence to
Point 3: 26 08.178' N-080 05.799' W, thence to
Point 4: 26 08.055' N-080 05.752' W, thence to
Point 5: 26 07.565' N-080 05.790' W, thence to
Point 6: 26 07.022' N-080 05.827' W, thence to
Point 7: 26 06.780' N-080 05.843' W, thence to
Point 8: 26 06.671' N-080 05.869' W, thence to
Point 9: 26 06.602' N-080 06.343' W, then back to the original point.
The viewing area would encompass all waters located within the
following positions located offshore of Fort Lauderdale Beach, Florida:
Beginning with Corner point 1: 26 06.738' N-080 05.047' W, thence to
Corner point 2: 26 06.738' N-080 05.125' W, thence to
Corner point 3: 26 08.100' N-080 05.125' W, thence to
Corner point 4: 26 08.100' N-080 05.047' W, then back to the original
point.
All coordinates reference Datum NAD: 1983.
Non-participant vessels are prohibited from entering the race
course unless authorized by the Coast Guard Patrol
[[Page 53534]]
Commander. Spectator craft may remain in the designated viewing area
but must follow the directions of the Coast Guard Patrol Commander.
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 event will take place outside
of the marked channel and will not interfere with commercial shipping.
Recreational vessels and fishing vessels normally operate in the waters
being used for the event but will be able to safety operate around the
regulated areas with minimal delay.
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 would affect the following
entities, some of which may be small entities: the owners or operators
of vessels intending to transit or anchor in a portion of the Atlantic
Ocean near Fort Lauderdale Beach, Florida from 11 a.m. until 4 p.m. on
October 3 and 4, 2003.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reasons
because this rule would only be in effect for 5 hours over the course
of two days, the race will take place outside of the marked channel and
will not interfere with commercial shipping, and recreational vessels
will be able to safely transit around the regulated areas with minimal
delay.
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 offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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 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 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 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 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.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, 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
[[Page 53535]]
figure 2-1, paragraph (34) (h), of the Instruction, from further
environmental documentation.
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 LIVE 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. 0170.1.
2. Add temporary Sec. 100.35-T07-032 to read as follows:
Sec. 100.35-T07-032 Child SMILE American Tour Fort Lauderdale
Offshore Gran Prix, Fort Lauderdale Beach, Florida.
(a) Regulated areas. (1) The race course encompasses all waters
located inside of a line connecting the following positions located
offshore of Fort Lauderdale Beach, Florida:
Beginning with Point 1: 26 08.228' N-080 06.255' W, thence to
Point 2: 26 08.231' N-080 05.936' W, thence to
Point 3: 26 08.178' N-080 05.799' W, thence to
Point 4: 26 08.055' N-080 05.752' W, thence to
Point 5: 26 07.565' N-080 05.790' W, thence to
Point 6: 26 07.022' N-080 05.827' W, thence to
Point 7: 26 06.780' N-080 05.843' W, thence to
Point 8: 26 06.671' N-080 05.869' W, thence to
Point 9: 26 06.602' N-080 06.343' W, then back to the original point.
All coordinates referenced use Datum: NAD 1983.
(2) The viewing area encompasses all waters located within the
following positions located offshore of Fort Lauderdale Beach, Florida:
Beginning with Corner point 1: 26 06.738' N-080 05.047' W, thence to
Corner point 2: 26 06.738' N-080 05.125' W, thence to
Corner point 3: 26 08.100' N-080 05.125' W, thence to
Corner point 4: 26 08.100' N-080 05.047' W, then back to the original
point.
All coordinates reference Datum NAD: 1983.
(b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by Commanding Officer, Coast Guard Group Miami,
Florida.
(c) Special local regulations. From 11 a.m. until 4 p.m. on October
3 and 4, 2003, non-participant vessels are prohibited from entering the
race-course unless authorized by the Coast Guard Patrol Commander.
Spectator craft may remain in the designated viewing area but must
follow the directions of the Coast Guard Patrol Commander.
(d) Effective dates. This rule is effective from 11 a.m. on October
3, 2003 until 4 p.m. on October 4, 2003.
Dated: August 25, 2003.
H.E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 03-23186 Filed 9-10-03; 8:45 am]
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