[Federal Register Volume 63, Number 88 (Thursday, May 7, 1998)]
[Proposed Rules]
[Pages 25187-25189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12138]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-98-024]
RIN 2115-AE46


Special Local Regulations; Deerfield Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish permanent special 
local regulations for the Annual Deerfield Beach Super Boat Grand Prix 
powerboat race. This event will be held annually offshore Deerfield 
Beach on the third Sunday of July, between 12:30 p.m. and 4 p.m. 
Eastern Daylight Time (EDT). These regulations are necessary to

[[Page 25188]]

provide for the safety of life on navigable waters during the event.

DATES: Comments must be received on or before June 8, 1998.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Group Miami, 100 
MacArthur Causeway Miami Beach, Florida 33139, or may be delivered to 
the Operations Department at the same address between 7 a.m. and 3:30 
p.m., Monday through Friday, except federal holidays. The telephone 
number is (305) 535-4448. 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:
QMCS T. Kjerulff, Coast Guard Group Miami, FL at (305) 535-4448.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views or arguments. Persons 
submitting comments should include their names and addresses, identify 
the rulemaking (CGD07-98-024) and the specific section of this proposal 
to which each comment applies, and give the reason for each comment.
    The Coast Guard will consider all comments received during the 
comment period It may change this proposal in view of the comments 
received. The Coast Guard plans no public hearing. Persons may request 
a public hearing by writing to the address under ADDRESSES. The request 
should include the reasons why a hearing would be beneficial. If it 
determines that the opportunity for oral presentations will aid this 
rulemaking, the Coast Guard will hold a public hearing at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    Each year in July, Super Boat International Productions Inc., 
sponsors a high speed power boat race with approximately thirty-five 
(35) race boats, ranging in length from 24 to 50 feet, participating in 
the event. There are approximately two hundred (200) spectator craft. 
The race takes place in the Atlantic Ocean 1,000 feet off Deerfield 
Beach. The race boats compete at high speeds with numerous spectator 
craft in the area, creating an extra or unusual hazard in the navigable 
waterways. These regulations will prohibit entry into the regulated 
area by non-participating vessels, and will establish spectator craft 
areas for boaters to safely watch the race.

Regulatory Evaluation

    This is not a significant regulatory action under section 3(f) of 
Executive Order 12866 and does not require an assessment of 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. Entry into the regulated area is prohibited for only 4.5 
hours annually on the 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 proposed rule, if adopted, will 
have a significant economic impact on a substantial number of small 
entities. ``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdiction with 
populations of less than 50,000.
    Therfore, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule, if adopted, would not have a significant economic impact 
on a substantial number of small entities as the regulations would only 
be in effect for approximately 4.5 hours for one day each year in a 
limited area offshore Deerfield Beach. If, however, you think that your 
business or organization qualifies as a small entity and that this 
proposed rule will have a significant economic impact on your business 
or organization, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and in what way and to what degree this proposed 
rule will economically affect it.

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 consistent with Section 2.B.2.a (CE #34(h)) of Commandant 
Instruction M16475.1C, and has determined 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.

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend 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 and 33 CFR 100.35.

    2. A new Sec. 100.733 is added to read as follows:


Sec. 100.733  Annual Deerfield Beach Super Boat Race, Deerfield Beach, 
FL

    (a) Regulated areas.--(1) Regulated Areas. An area within a line 
joining the following points:

    Corner point 1: 26-19.7N--080-04.4W
    Corner point 2: 26-19.7N--080-03.9W
    Corner point 3: 26-15.7N--080-04.4W
    Corner point 4: 26-15.7N--080-04.9W. All coordinates reference 
Datum: NAD 83.

    (2) Spectator Area. A spectator area is established in the vicinity 
of the regulated area for spectator traffic and is defined by a line 
joining the following points:

    Corner point 1: 26-15.7N--080-03.9W
    Corner point 2: 26-15.7N--080-04.1W
    Corner point 3: 26-19.7N--080-03.7W
    Corner point 4: 26-19.7N--080-03.5W. All coordinates reference 
Datum: NAD 83.

    (3) Buffer Zone. A buffer zone of 406 yards separates the 
racecourse and the spectator fleet.
    (b) Special local regulations. (1) Entry into the regulated area by 
other than event participants is prohibited unless otherwise authorized 
by the Patrol Commander. At the completion of scheduled races and the 
departure of participants from the regulated area, traffic may resume 
normal operations. Traffic may be permitted to resume normal operations 
between scheduled racing events at the discretion of the Patrol 
Commander.
    (2) A succession of not fewer than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any

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and all vessels to take immediate steps to avoid collision. The display 
of an orange distress smoke signal from a patrol vessel will be the 
signal for any and all vessels to stop immediately.
    (3) Spectators required to maintain a safe distance from the 
racecourse at all times.
    (b) Effective Date: This section becomes effective annually at 12 
p.m. and terminates at 4:30 p.m. EDT, on the third Sunday of July.

    Dated: April 24, 1998.
R.C. Olsen, Jr.,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 98-12138 Filed 5-6-98; 8:45 am]
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