[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Rules and Regulations]
[Pages 34813-34814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17071]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-98-024]
RIN 2115-AE46


Special Local Regulations; Deerfield Beach Super Boat Race, 
Deerfield Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent special local 
regulations for the Deerfield Super Boat Grand Prix powerboat race. 
This event will be held annually during the third Sunday of July, 
between 12:30 p.m. and 4 p.m. Eastern Daylight Time (EDT). The 
regulations are necessary to provide for the safety of life on 
navigable waters during the event.

DATES: This rule becomes effective June 26, 1998.

ADDRESSES: Documents as indicated in the preamble are available for 
inspection or copying at Coast Guard Group Miami, 100 MacArthur 
Causeway, Miami Beach, FL, between the hours of 7:30 a.m. and 3:30 
p.m., Monday through Friday except Federal holidays. Telephone (305) 
535-4448.

FOR FURTHER INFORMATION CONTACT: AMCS T. Kjerulff, Coast Guard Group 
Miami, FL at (305) 535-4448.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On May 7, 1998, the Coast Guard published a Notice of Proposed 
Rulemaking in the Federal Register (63 FR 25187), seeking comments on 
the establishment of permanent special local regulations for the 
Deerfield Super Boat race. No comments were received during the comment 
period.

Background and Purpose

    Super Boat International Productions Inc., is sponsoring a high 
speed power boat race that will take place annually on the third Sunday 
in July in the Atlantic Ocean off Deerfield Beach, Florida. 
Approximately thirty-five (35) race boats, ranging in length from 24 to 
50 feet, will participate in the event. There will also be 
approximately two

[[Page 34814]]

hundred (200) spectator craft. The race boats will be competing at high 
speeds with numerous spectator crafts in the area, creating an extra or 
unusual hazard in the navigable waterways. These regulations will 
create a regulated area offshore Deerfield Beach that will only allow 
participant vessels to enter, and a spectator craft area.
    In accordance with 5 U.S.C. 553, good cause exists for making this 
regulation effective in less than 30 days after Federal Register 
publication. Delaying its effective date would be contrary to national 
safety interests since immediate action is needed to minimize potential 
danger to the public, as the sponsors only recently determined that the 
event would be held on the third Sunday of July each year and there was 
not sufficient time remaining for a full comment period and delayed 
effective date.

Regulatory Evaluation

    This rule 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 on the day of the event year.

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 small businesses, non-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.
    Therefore, the Coast Guard certifies under U.S.C. 605(b) that this 
rule would not have a significant economic impact on a substantial 
number of small entities, as the regulations would only be in effect in 
a limited area offshore Deerfield Beach for approximately 4.5 hours one 
day 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 rulemkaing 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 Figure 2-1, paragraph 34(h) of 
Commandant Instruction M16475.1C, that this rule is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination has been prepared and is available in the 
docket for inspection or copying.

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 and 33 CFR 100.35.

    2. Add section 100.733 to read as follows:


Sec. 100.733  Annual Deerfield Beach Super Boat Race; Deerfield Beach, 
Florida.

    (a) Regulated Areas. (1) A regulated area is established by a line 
joining the following points:

Corner point 1: 26 17.7'N-080 04.4'W
Corner point 2: 26 19.7'N-080 03.9'W
Corner point 3: 26 15.7'N-080 04.4'W
Corner point 4: 26 15.7'N-080 04.9'W. All coordinates reference 
Datum NAD: 83.

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

    (3) 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. After the completion of scheduled races and 
the departure of participants from the regulated area, traffic may 
resume normal operations. At the discretion of the Patrol Commander, 
traffic may be permitted to resume normal operations between scheduled 
racing events.
    (2) A succession of not fewer than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any 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 are required to maintain a safe distance from the 
racecourse at all times.
    (c) Effective Date. This section becomes effective annually on the 
third Sunday of July at 12 p.m. and terminates at 4:30 p.m. EDT.

    Dated: June 17, 1998.
R.C. Olsen, Jr.,
Captain U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 98-17071 Filed 6-25-98; 8:45 am]
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