[Federal Register Volume 62, Number 94 (Thursday, May 15, 1997)]
[Rules and Regulations]
[Pages 26744-26745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12791]


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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: Final rule.

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SUMMARY: The Coast Guard is amending 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: Effective: May 15, 1997.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    The amended regulations were published in the Federal Register as a 
Notice of Proposed Rulemaking on April 7, 1997 (62 FR 16513). No 
comments were received during the 30 day comment period.

Background and Purpose

    The amended regulations are required 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 from the first Saturday and 
Sunday in June to the third Saturday and Sunday in May. There will be 
approximately 170 participants and spectator craft. 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.
    In accordance with 5 U.S.C. 553, good cause exists for making these 
regulations effective in less than 30 days after Federal Register 
publication. Delaying its effective date would be contrary to public 
interest since immediate action is needed to minimize potential danger 
to the public as the event is scheduled to be held in less than two 
weeks.

Discussion of Regulations

    The amended regulations will permanently change the date of the 
Special Local Regulations for the Fort Myers Beach Grand Prix from the 
first Saturday and Sunday in June to the third Saturday and Sunday in 
May.

Regulatory Evaluation

    This rule 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 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 
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 rule 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).
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities, as the regulations will be in effect for only

[[Page 26745]]

four hours on two separate days 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 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

    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.

    2. In Sec. 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: May 7, 1997.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 97-12791 Filed 5-14-97; 8:45 am]
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