[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)]
[Proposed Rules]
[Pages 16513-16514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8744]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-97-010]
RIN 2115-AE46


Special Local Regulations; Fort Myers Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the permanent special local 
regulations for the Fort Myers Beach Offshore Grand Prix. This event, 
previously scheduled to be held annually on the first Saturday and 
Sunday of June, will now be held annually during the third Saturday and 
Sunday of May, between 12 p.m. and 3 p.m. each day (Eastern Daylight 
Time). These amended regulations are necessary to provide for the 
safety of life on navigable waters during the event.

DATES: Comments must be received on or before May 1, 1997.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Group St. 
Petersburg, 600 8th Ave. SE., St. Petersburg, Florida 33701-5099, or 
may be delivered to the Operations Department 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 T.J. Stuhlreyer, Coast Guard Group St. Petersburg, FL at (813) 
824-7533.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The proposed regulations are needed to provide for the safety of 
life during the Fort Myers Beach Offshore Grand Prix because of the 
permanent change in the date of the event. The event was previously 
held on the first Saturday and Sunday in June, but will now be held 
from 12 p.m. EDT to 3 p.m. EDT each day on the third Saturday and 
Sunday in May. There will be approximately 170 participants and 
spectator craft associated with the event, which will be held off Fort 
Myers Beach between Matanzas Pass and Big Carlos Pass. The resulting 
congestion of navigable channels on the third weekend in May, vice the 
first weekend in June, creates an extra or unusual hazard in the 
navigable waters.

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 (CGD07-97-010) 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 the written 
requests for a hearing are received, and it is determined that the 
opportunity to make oral presentations will add to the rulemaking 
process. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgement of 
receipt should include stamped, self-addressed post cards or envelopes.

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

[[Page 16514]]

DOT is unnecessary. The proposed amended regulation would remain in 
effect for only 4 hours each day for two days.

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'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under Section 3 of the Small Business Act 
(15 U.S.C. 632).
    For reasons set forth in the above Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605(b) 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 
action and has determined pursuant to section 2.B.2.e.(34)(h) of 
Commandant Instruction M16475.1B, that this action is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 100

    Regattas and marine parades.

Proposed Regulations

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

    Authority: 33 U.S.C. 1233; 49 CFR 1.46.

    2. In section 100.717, paragraph (c) is revised to read as follows:


Sec. 100.717  Special Local Regulations; Fort Myers Beach, FL.

* * * * *
    (c) Effective Dates: This section is effective each day from 11 
a.m. through 3 p.m. EDT annually during the third Saturday and Sunday 
of May.

    Dated: March 27, 1997.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 97-8744 Filed 4-4-97; 8:45 am]
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