[Federal Register Volume 65, Number 79 (Monday, April 24, 2000)]
[Rules and Regulations]
[Pages 21647-21649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10151]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-00-029]
RIN 2115-AE46


Special Local Regulations: Annual Suncoast Kilo Run, Sarasota 
Bay, Sarasota, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is amending the final rule for the Annual 
Suncoast Kilo Run to change the date from the first Friday in July to 
the last Friday in June for 2000 only. The high-speed boat race event 
will be held from 8 a.m. to 1 p.m. Eastern Daylight Time (EDT) on June 
30, 2000, in Sarasota Bay, Sarasota, Florida. These regulations are 
needed to provide for the safety of life on navigable waters during the 
event.

[[Page 21648]]


DATES: This rule becomes effective at 8 a.m. and terminates at 1 p.m. 
EDT on June 30, 2000.

ADDRESSES: The public docket for this rulemaking is maintained by 
Commanding Officer, U.S. Coast Guard Group St. Petersburg. Any 
materials concerning this rulemaking should be mailed to Commanding 
Officer, U.S. Coast Guard Group St. Petersburg, 600 8th Ave SE, St. 
Petersburg, FL 33701.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Steve Aykroyd, 
Coast Guard Group St. Petersburg at (727) 824-7554.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM because this is an annual event 
with a date change for this year that has been highly publicized. It is 
impractical to publish an NPRM at this time because to do so would 
interfere with the 30-day notice requirement for the final rule.

Background and Purpose

    These regulations are required to provide for the safety of life on 
navigable waters because of the inherent danger of high speed 
competition boat racing in the vicinity of spectator craft during the 
Annual Suncoast Kilo Run, Sarasota Bay, Sarasota, FL. A permanent 
regulation has been established for this event (33 CFR 100.718) which 
is effective on the first Friday in July each year. Logistical problems 
caused the organizers to request that the event be moved for this year 
to June 30. The permanent regulations create a regulated area that 
prohibits non-participating vessels from entering the regulated area 
during the event. The practical effect of this amendment is to change 
the date of the event for this year only from the first Friday in July 
to June 30, 2000.

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. The 
Office of Management and Budget has not reviewed it 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 proposal to 
be so minimal that a full Regulatory Evaluation under paragraph 10(e) 
of the regulatory policies and procedures of DOT is unnecessary. The 
regulated area will only be in effect for 5 hours on one day.

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 effect upon a substantial number of small entities. ``Small 
entities'' include small business, not-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.
    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 only be in effect for 5 hours on one 
day in a limited area of Sarasota Bay, Florida.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-221), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking. We also have a point of contact for commenting on actions 
by employees of the Coast Guard. Small businesses may send comments on 
the actions of Federal employees who enforce, or otherwise determine 
compliance with Federal regulations to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of the Coast 
Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or safety that may disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and has determined pursuant to Figure 2-1, paragraph 34(h) of 
Commandant Instruction M16475.1C, that this proposal is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.

Temporary 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. In Sec. 100.718, paragraph (c) is suspended and a new paragraph 
(d) is added to read as follows:

[[Page 21649]]

Sec. 100.718  Annual Suncoast Kilo Run; Sarasota Bay, Sarasota, FL.

* * * * *
    (d) Dates: This section becomes effective at 8 a.m. and terminates 
at 1 p.m. EDT on June 30, 2000.

    Dated: April 7, 2000.
G.W. Sutton,
Captain U.S. Coast Guard, Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 00-10151 Filed 4-21-00; 8:45 am]
BILLING CODE 4910-15-U