[Federal Register Volume 61, Number 55 (Wednesday, March 20, 1996)]
[Proposed Rules]
[Pages 11354-11356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6542]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD07-96-005]
RIN 2115-AE46


Special Local Regulations: Fort Myers Beach Offshore Grand Prix; 
Fort Myers Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent special local 
regulations for the Fort Myers Beach Offshore Grand Prix. This event 
will be held annually during the first Saturday and Sunday of June, 
between 12 p.m. and 3 p.m. EDT (Eastern Daylight Time). Historically, 
there have been approximately 170 participant and spectator craft. The 
resulting congestion of navigable channels creates an extra or unusual 
hazard in the navigable waters. These proposed regulations are 
necessary to provide for the safety of life on navigable waters during 
the event. By establishing these proposed permanent regulations, the 
Coast Guard expects to give better notice of requirements related to 
marine events, and also avoid the recurring costs of publication 
related with temporary regulations. However, the establishment of these 
proposed permanent regulations would not relieve the event organizers 
from applying for an annual marine event permit.

DATES: Comments must be received on or before May 20, 1996.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Group St. 
Petersburg, 600 8th Ave. S.E., St. Petersburg, Florida 33701-5099, or 
may be delivered to the

[[Page 11355]]

operations office at the same address between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (813) 
824-7533. Comments will become a part of the public docket and will be 
available for copying and inspection at the same address.

FOR FURTHER INFORMATION CONTACT: LTJG J.W. Nelson, Coast Guard Group 
St. Petersburg, FL at (813) 824-7533.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, data, or arguments. 
Persons submitting comments should include their names, addresses, 
identify the notice (CGD07-96-005) and the specific section of this 
proposal to which their comments apply, and give reasons for each 
comment. The Coast Guard will consider all comments received during the 
comment period. The regulations may be changed in view of the comments 
received. All comments received before the expiration of the comment 
period will be considered before final action is taken on this 
proposal.
    No public hearing is planned, but one may be held if written 
requests for a hearing are received, and it is determined that the 
opportunity to make oral presentations will add to the rulemaking 
process.

Discussion of Proposed Regulations

    The proposed regulations are needed to provide for the safety of 
life during the Fort Myers Beach Offshore Grand Prix. These regulations 
are intended to promote safe navigation on the waters off Fort Myers 
beach during the races by controlling the traffic entering, exiting, 
and traveling within these waters. The anticipated concentration of 
spectator and participant vessels associated with the Grand Prix poses 
a safety concern, which is addressed in these proposed special local 
regulations. The proposed regulations would not permit anchoring 
shoreward of the shoreside legs of the racecourse, from 11 a.m. to 3 
p.m. on the first Saturday and Sunday of June. Approximately 75 to 100 
spectator craft would be permitted near the race area but would be 
required to stay clear of the race lanes. The proposed regulations 
would permit anchoring for spectators seaward of the seaside legs of 
the racecourse, but only in the designated spectator area defined in 
paragraph (b) of the proposed regulations. All vessel traffic, not 
involved with the Fort Myers Beach Offshore Grand Prix, exiting 
Matanzas Pass between 11 a.m. and 3 p.m. would exit the marked channel 
at Matanzas Pass Channel daybeacon #3 (26 deg.25.9' N, 82 deg.58.2' W, 
LLNR 16365) And #4 (26 deg.26.1' N, 82 deg.57.8' W, LLNR 16370), and 
would proceed in a southwesterly direction seaward of the designated 
spectator area defined in paragraph (b) of the proposed regulations, 
taking action to avoid a close-quarters situation until the vessel 
finally is past and clear of the racecourse. All vessel traffic, not 
involved with the Fort Myers Beach Offshore Grand Prix, exiting Big 
Carlos Pass between 11 a.m. and 3 p.m. would proceed in a southwesterly 
direction seaward of the designated spectator area defined in paragraph 
(b) of the proposed regulation, taking action to avoid a close-quarters 
situation until finally past and clear of the racecourse. All 
coordinates referenced use datum: NAD 83.

Regulatory Evaluation

    This proposal is not a significant regulatory action under Section 
3(f) of the Executive Order 12866 and does not require an assessment of 
the 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. The proposed regulation would last for only 4 hours each 
day of the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include (1) small businesses and not-for-profit 
organizations independently owned and operated that are not dominant in 
their fields and (2) governmental jurisdictions with populations of 
less than 50,000.
    Therefore, the Coast Guard finds that this proposal, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities.

Collection of Information

    These proposed 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 rulemaking 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 
proposal and has concluded that preparation of an Environmental Impact 
Statement is not necessary. An Environmental Assessment and Finding of 
No Significant Impact are available in the docket for inspection or 
copying where indicated under ``ADDRESSES.'' The Coast Guard has 
concluded that this proposed action would not significantly affect the 
quality of the human environment.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record keeping 
requirements, Waterways.

Proposed Regulations

    In consideration of the foregoing, Part 100 of Title 33, Code of 
Federal Regulations, the Coast Guard is proposing to amend as follows:
    1. The authority citation for Part 100 continues to read as 
follows:

PART 100--[AMENDED]

    Authority: 33 U.S.C. 1233; 46 CFR 1.46 and 33 CFR 100.35.
    2. A new section 100.717 is added to read as follows:


Sec. 100.717  Fort Myers Beach Offshore Grand Prix; Fort Myers, FL.

    (a) Regulated Area. The regulated area is formed by a line drawn 
from the start/finish position, at the Fort Myers Beach Pier 
(20 deg.28.07' N, 81 deg.58.30' W), thence to position 26 deg.26.08' N, 
81 deg.55.29' W, thence to position 26 deg.24.75' N, 81 deg.54.68' W, 
thence to position 26 deg.23.74'N, 81 deg.55.10' W, thence to position 
26 deg.23.91' N, 81 deg.55.40' W, thence to position 26 deg.24.94' N, 
81 deg.55.24' W, thence to position 26 deg.26.93' N, 81 deg.58.53' W, 
thence to position 26 deg.27.32' N, 81 deg.58.16' W, thence back to the 
start/finish position, at the Fort Myers Beach Pier (26 deg.28.07, 
81 deg.58.30' W). All coordinates referenced use datum: NAD 83.
    (b) Special local regulations.
    (1) No vessel may anchor shoreward of the shoreside boundaries of 
the regulated area, from 11 a.m. to 3 p.m.
    (2) Spectator craft would be permitted to anchor seaward of the 
seaside boundaries of the regulated area, in the

[[Page 11356]]

spectator area formed by a line drawn from the position 29 deg.26.54' 
N, 81 deg.58.12' W, thence to position 28 deg.25.06' N, 81 deg.55.42' 
W, thence to position 26 deg.24.45' N, 81 deg.55.50' W, thence to 
position 26 deg.26.54' N, 81 deg.58.30' W, thence back to position 
29 deg.26.54' N, 81 deg.58.12' W, and in the spectator area formed by a 
line drawn from the position 26 deg.25.06' N, 81 deg.54.18' W, thence 
to position 26 deg.23.47' N, 81 deg.54.00' W, thence to position 
25 deg.24.05'N, 81 deg.54.47'W, thence back to position 26 deg.25.06' 
N, 81 deg.54.18' W.
    (3) All vessel traffic, not involved with the Fort Myers Beach 
Offshore Grand Prix, exiting Matanzas Pass Between 11 a.m. and 3 p.m. 
would exit the marked channel at Matanzas Pass Channel daybeacon #3 
(26 deg.25.9' N, 82 deg.58.2' W, LLNR 16365) and #4 (26 deg.26.1' N, 
82 deg.57.8' W, LLNR 16370), and would proceed in a southwesterly 
direction seaward of the spectator area defined in paragraph (b) of 
these regulations, taking action to avoid a close-quarters situation 
until finally past and clear of the racecourse. All coordinates 
referenced use datum: NAD 83.
    (4) All vessel traffic, not involved with the Fort Myers Beach 
Offshore Grand Prix, exiting Big Carlos Pass between 11 a.m. and 3 p.m. 
will exit the pass in a southwesterly direction seaward of the 
spectator area defined in paragraph (b) of these regulations, taking 
action to avoid a close-quarters situation with the spectator craft 
until finally past and clear of the racecourse. All coordinates 
referenced use datum: NAD 83.
    (5) Entry into the regulated area shall be in accordance with this 
regulation. Spectator vessels will stay seaward of the seaside legs of 
the racecourse at all times in the spectator areas defined in paragraph 
(b) of these regulations.
    (c) Effective Dates: This section is effective at 11 a.m. and 
terminates at 3 p.m. annually during the first Saturday and Sunday of 
June.

    Dated: February 29, 1996.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 96-6542 Filed 3-19-96; 8:45 am]
BILLING CODE 4910-14-M