[Federal Register Volume 66, Number 109 (Wednesday, June 6, 2001)]
[Rules and Regulations]
[Pages 30314-30316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14229]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-01-043]
RIN 2115-AE46


Special Local Regulations; Sarasota Bay, Sarasota, Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the special local 
regulation for the Suncoast Kilo Run in Sarasota, FL. The sponsor of 
the event recently changed the event date. These regulations are needed 
to provide for the safety of life on navigable waters during the event.

DATES: This rule is effective from 8 a.m. June 29, 2001 to 1 p.m. June 
29, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD07-01-043 and are available for inspection or 
copying at Commander, Coast Guard Group St. Petersburg, 600 8th Avenue, 
SE., St. Petersburg, FL 33701, between 9 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Steven Stewart, Coast Guard Group 
St. Petersburg, Florida at (727) 824-7553.

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. Publishing an NPRM is 
unnecessary and contrary to public safety interests because immediate 
action is needed to protect the public and because this temporary rule 
only modifies an existing published regulation.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This is because entry into the 
regulated area will only be prohibited for approximately five hours on 
the day of the event, and traffic will be able to safely pass around 
the race area. Additionally, delaying the effective date would be 
contrary to the public interest because it is needed on the day of the 
event in order to protect the safety of the race participants and the 
general public.

[[Page 30315]]

Background and Purpose

    The Suncoast Offshore Racing Association is sponsoring a sanctioned 
American Power Boat Association World Record Kilo Event, with 
approximately 50 power boats, ranging in length from 21 to 50 feet 
participating in the 2001 Suncoast Kilo Run. The race will take place 
in Sarasota Bay on June 29, 2001. There will also be approximately two 
hundred (200) spectator craft. A Special Local Regulation exists at 33 
CFR 100.718 for this event, which is usually held in July. However, the 
sponsor changed the date for this year. These regulations are intended 
to promote safe navigation on the waters of Sarasota Bay by controlling 
the traffic entering, exiting, and traveling within the regulated area.

Regulatory Evaluation

    This regulation 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 exempted it from 
review 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 10e of the regulatory policies and 
procedures of DOT is unnecessary. Entry into the regulated area is 
prohibited for only approximately five hours on the day of the event 
and traffic can safely pass around the race area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, 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.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This regulation will only be in effect for five hours on the 
day of the event. Further traffic can safely pass around the regulated 
area.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-221), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule. 
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 contains no collection of information requirements under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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 risk to safety that may 
disproportionately affect children.

Environment

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.


    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--[AMENDED]

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.

    2. Temporarily suspend Sec. 100.718 and add temporary Sec. 100.35T-
07-043 to read as follows:


Sec. 100.35T-07-043  Annual Suncoast Kilo Run; Sarasota Bay, Sarasota, 
FL

    (a) Regulated Area: The regulated area is established in Sarasota 
Bay with the northwest corner point at Whale Key, position 
27 deg.23'53" N, 082 deg.37'46" W, extending to the northeast corner 
point at Bayshore Gardens Channel, position 27 deg.25'11" N, 
082 deg.35'45" W, extending to the southeast corner point at Whitaker 
Bayou, position 27 deg.21'22" N, 082 deg.33'14" W, and then to the 
southwest corner

[[Page 30316]]

point at Quick Point, position 27 deg.20'18" N, 082 deg.34'36" W. All 
coordinates referenced use datum: NAD 83.
    (b) Special local regulations. (1) In accordance with these 
regulations, the regulated area is designated as a ``no wake'' zone. 
Spectator craft are permitted into the area, but are prohibited from 
entering the race course areas described in (b)(2) of this section.
    (2) Inside the ``no wake'' zone are two designated areas 
surrounding the primary and alternate race courses. Primary course 
``A'' is bounded by a line connecting the northeast corner point at 
position 27 deg.22'10" N, 082 deg.36'09" W, a southeast corner point at 
position 27 deg.21'31" N, 082 deg.35'37" W, a southwest corner point at 
position 27 deg.21'27" N, 082 deg.35'48" W, and a northwest corner 
point at position 27 deg.22'05" N, 082 deg.36'16" W. Alternate course 
``B'' is bounded by a line connecting the northeast corner point at 
position 27 deg.23'11" N, 082 deg.34'31" W, a southeast corner point at 
position 27 deg.22'35" N, 082 deg.34'03" W, a southwest corner point at 
position 27 deg.22'31" N, 082 deg.34'08" W, and a northwest corner 
point at position 27 deg.23'09" N, 082 deg.34'38" W. All coordinates 
referenced use datum: NAD 83.
    (3) Entry into the regulated area shall be in accordance with this 
regulation.
    (c) Effective Dates. This rule is effective 8 a.m. June 29, 2001 
until 1 p.m. June 29, 2001.

    Dated: May 24, 2001.
G.W. Sutton,
Captain U.S. Coast Guard, Commander, Seventh Coast Guard District 
Acting.
[FR Doc. 01-14229 Filed 6-5-01; 8:45 am]
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