[Federal Register: March 18, 2005 (Volume 70, Number 52)]
[Proposed Rules]
[Page 13122-13124]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr05-23]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 13122]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-05-015]
RIN 1625-AA08
Special Local Regulations; Dania Beach/Hollywood Super Boat Race,
Dania Beach/Hollywood, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary special
local regulation for the Dania Beach/Hollywood Super Boat Race offshore
in Dania Beach/Hollywood, Florida. These special local regulations
restrict the movement of non-participating vessels and persons in the
regulated race area and provide a viewing area for spectator craft.
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 May 17, 2005.
ADDRESSES: You may mail comments and related material to: Commander,
Coast Guard Sector Miami, 100 MacArthur Causeway, Miami Beach, Fl 33139
Attn: BMC R. Terrell or BMC D. Vaughn. Sector Miami Deck/ATON 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 Sector Miami, 100
MacArthur Causeway, Miami Beach, Florida between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Boatswain's Mate Chief Richard Terrell
or Boatswain's Mate Chief Daniel Vaughn, 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 CGD07-05-
015, 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\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.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, U.S. Coast Guard Sector
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
Super Boat International Productions Inc. is sponsoring a high-
speed power boat race event on July 17, 2005, from 10 a.m. until 5 p.m.
in the Atlantic Ocean offshore from Dania Beach/Hollywood, Florida. The
race organizers anticipate 35 race participants and 100 spectator
craft. The event will take place outside of the marked channel and will
not interfere with commercial shipping. Recreational and fishing
vessels normally operate in the area that will be affected by the
establishment of a special local regulation. This rule is required to
provide for the safety of life on navigable waters, due to the dangers
associated with power boat races. The proposed rule prohibits non-
participating vessels and persons from entering the regulated race
areas during the event. A Coast Guard Patrol Commander will be present
during the event to monitor compliance with this regulation.
Discussion of Proposed Rule
This rule creates two regulated areas, a regulated race area and a
regulated viewing area (regulated areas). These regulated areas provide
for the safety of life on navigable waters and minimize the dangers
associated with powerboat races. These dangers include race craft
traveling at high speeds in close proximity to race participants,
spectator craft. This regulation keeps event participants, spectator
craft and recreational vessels at a safe distance from one another.
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 rule affects a limited area offshore of Dania Beach/
Hollywood, Florida and will be effective for only 7 hours on July 17,
2005, specifically from 10 a.m. until 5 p.m.
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 rule may 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
[[Page 13123]]
Ocean near Dania Beach/Hollywood, Florida from 10 a.m. until 5 p.m. on
July 17, 2005. The Coast Guard certifies under U.S.C. 605(b) that this
rule will not have a significant economic impact on a substantial
number of small entities, because this rule would be in effect for only
7 hours. The rule also regulates a small area, and commercial and
recreational vessels may be allowed to transit through the zone between
races with permission of the Coast Guard Patrol Commander. Moreover,
all vessel traffic can pass safely around the regulated areas. Before
the effective period, we will issue maritime advisories over VHF-FM
radio to allow the maritime community to plan accordingly.
If you think 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 listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding and
participating in this rulemaking. 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 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 should be categorically excluded,
under figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation because this regulation is a special local
regulation issued in conjunction with an organized water event of
limited duration. Under Figure 2-1, Paragraph 34(h), an ``Environmental
Analysis Check List'' and a final ``Categorical Exclusion
Determination'' are not required for this rule. Comments on this
section will be considered before we make the final decision on whether
the rule should be categorically excluded 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:
[[Page 13124]]
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. 0170.1.
2. Add temporary Sec. 100.35T-07-021 to read as follows:
Sec. 100.35T-07-021 Dania Beach/Hollywood Super Boat Race; Dania
Beach/Hollywood, Florida.
(a) Definitions. (1) Regulated race area. The regulated race area
encompasses all waters located inside of a line connecting the
following positions offshore of Dania Beach/Hollywood, Florida:
Point 1: 26[deg]03'41'' N, 080[deg]05'01'' W
Point 2: 26[deg]03'41'' N, 080[deg]06'23'' W
Point 3: 26[deg]00'07'' N, 080[deg]05'36'' W
Point 4: 26[deg]00'10'' N, 080[deg]06'50'' W
All coordinates referenced use Datum: NAD 1983.
(2) Regulated viewing area. The regulated viewing area for
spectator craft encompasses all waters located within a line connecting
the following positions offshore Dania Beach/Hollywood, Florida;
Point 1: 26[deg]03'41'' N, 080[deg]05'30'' W
Point 2: 26[deg]03'41'' N, 080[deg]05'01'' W
Point 3: 26[deg]00'07'' N, 080[deg]05'56'' W
Point 4: 26[deg]00'07'' N, 080[deg]05'36'' W
All coordinates referenced use Datum NAD: 1983.
(3) 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 the Commanding Officer, Coast Guard Sector Miami,
Florida.
(b) Special Local Regulations. Vessels and persons are prohibited
from entering the regulated race area, unless they are race
participants or authorized by the Coast Guard Patrol Commander.
Spectator craft may enter the regulated viewing area upon authorization
of the Coast Guard Patrol Commander. If entry is authorized, all
persons must follow the instructions of the Coast Guard Patrol
Commander.
(c) Effective Period: This rule is effective from 10 a.m. until 5
p.m. on July 17, 2005.
Dated: March 3, 2005.
W.E. Justice,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 05-5336 Filed 3-17-05; 8:45 am]
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