[Federal Register Volume 67, Number 128 (Wednesday, July 3, 2002)]
[Rules and Regulations]
[Pages 44548-44550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16746]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-02-074]
RIN 2115-AE46


Special Local Regulations; APBA Off-Shore Boat Race, Tybee 
Island, GA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Temporary special local regulations are being established for 
the APBA Off-Shore Boat Race, Tybee Island, Georgia. This rule 
restricts the movement of non-participating vessels in the regulated 
area around the race course located off-shore of Tybee Island. This 
rule is needed to provide for the safety of life on navigable waters 
during the event.

DATES: This rule is effective from 11 a.m. on July 6, 2002 until 6 p.m. 
on July 8, 2002.

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 [CGD07-02-074] and are available for inspection or 
copying at Coast Guard Group Charleston, 196 Tradd St, Charleston S.C. 
29401 between 7:30 a.m. and 3 p.m., Monday through Friday, except 
Federal Holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Martinez, Coast Guard Group 
Charleston at (843) 724-7632.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing a NPRM. Publishing a NPRM, which would 
incorporate a comment period before a final rule could be issued, would 
be contrary to public safety interests since immediate action is needed 
to minimize potential danger to the public from a high speed boat race 
and because there will be numerous spectator craft in the area.
    For the same reason, 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.

Background and Purpose

    This rule is required to provide for the safety of life on 
navigable waters because of the inherent danger associated with a high-
speed power boat race. This rule prohibits non-participating vessels 
from entering the designated regulated area off-shore of Tybee Island, 
Georgia during the event. A Coast Guard Patrol Commander will be 
present during this event to enforce this rule.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory

[[Page 44549]]

Planning and Review, 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) 
because the rule minimally impacts navigation: the regulated area will 
be enforced for seven hours on two separate days, vessels will still be 
able to transit around the regulated area, and vessels may be allowed 
to enter the regulated area with the permission of the Coast Guard 
Patrol Commander.

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 rule may affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in a portion of the Atlantic Ocean, near Tybee Island, 
Georgia, from 11 a.m. to 6 p.m. on July 6 or July 7, 2002 (or July 8, 
2002 if the race is postponed due to weather on July 6 or July 7). 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 because it has minimal impact on navigation: the regulated 
area will be enforced for seven hours on two separate days, vessels 
will still be able to transit around the regulated area, and vessels 
may be allowed to enter the regulated area with the permission of the 
Coast Guard Patrol Commander.

Assistance for Small Entities

    Under Section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding the rule so that they may 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 under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that this rule does not have 
implications for federalism.

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. In particular, the Act addresses actions that may result in 
the expenditure by a State, local, or tribal government, in the 
aggregate, or by the private sector, of $100,000,000 or more in any one 
year. Although this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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 safety that may disproportionately 
affect children.

Environment

    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 action 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 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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--MARINE EVENTS

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

    Authority: 33 U.S.C. 1233, 49 CFR 1.46.


    2. From 11 a.m. July 6, 2002 until 6 p.m. July 8, 2002, add 
temporary Sec. 100.35T-07-074 to read as follows:


Sec. 100.35T-07-074, APBA  Off-shore Boat Race, Tybee Island, Georgia.

    (a) Regulated Area: A regulated area is established for all waters 
within an area enclosed by lines between the following points located 
off-shore of Tybee Island, GA:

[[Page 44550]]

    (1) 32-01.638'N 080-50.420'W, then roughly south for about 1 mile 
to
    (2) 32-00.640'N 080-50.334'W, then roughly east for about one-half 
mile to
    (3) 32-00.719'N 080-49.664'W, then roughly southeast for about one-
half mile to
    (4) 32-00.465'N 080-49.264'W, then roughly east for about one mile 
to
    (5) 32-00.519'N 080-48.501'W, then roughly north-northwest one and 
one-quarter mile to
    (6) 32-01.716'N 080-49.122'W, then roughly west one and one-quarter 
mile to point (1).
    All coordinates referenced use Datum: NAD 1983.
    (b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by Commanding Officer, Coast Guard Group Charleston SC.
    (c) Special Local Regulations: Non-participant vessels are 
prohibited from entering the regulated area unless authorized by the 
Patrol Commander. The sponsor will establish and mark an area suitable 
for viewing the race from spectator craft.
    (d) Dates: This section will be enforced from 11 a.m. until 6 p.m. 
on July 6, 2002, and from 11 a.m. until 6 p.m. on July 7, 2002. If the 
race is postponed on one of these dates due to weather, this section 
will be enforced from 11 a.m. until 6 p.m. on July 8, 2002.

    Dated: June 27, 2002.
J.W. Stark,
Captain, Coast Guard, Acting Commander, Seventh Coast Guard District.
[FR Doc. 02-16746 Filed 7-2-02; 8:45 am]
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