[Federal Register Volume 67, Number 131 (Tuesday, July 9, 2002)]
[Rules and Regulations]
[Pages 45311-45313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17096]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-02-013]
RIN 2115-AE46


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

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the Deerfield Beach Super Boat Race. This event will be 
held from 10 a.m. to 4 p.m. on July 14, 2002. This rule is necessary to 
provide for the safety of life on navigable waters during the event.

DATES: This rule is effective from 10 a.m. on July 14, 2002 until 4 
p.m. on July 15, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in the preamble as being available in the docket 
are part of docket CGD07-02-013 and 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 p.m., Monday through 
Friday except Federal holidays.

FOR FURTHER INFORMATION CONTACT: BMC V. Sorensen, Coast Guard Group 
Miami, FL at (305) 535-4317.

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 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 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.
    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 Beach Super Boat Race. No comments were received during the 
comment period. On June 26, 1998, the Coast Guard published a final 
rule in the Federal Register (63 FR 34813) creating the permanent 
special local regulations in 33 CFR 100.733. The published rule is 
effective on the third Sunday in July.
    However, this year the third Sunday in July will put the race the 
weekend before the mini-lobster season. The race organizers are moving 
the race date up one week this year to avoid conflict with vessels and 
people preparing for the mini-lobster season.

[[Page 45312]]

Background and Purpose

    Super Boat International Productions Inc., is sponsoring a high-
speed power boat race that will take place on July 14, 2002 in the 
Alantic Ocean off Deerfield Beach, Florida. Approximately 35 race 
boats, ranging in length from 24 to 50 feet, will participate in the 
event. There will also be approximately 200 spectator craft. The race 
boats will be competing at high speeds with numerous spectator craft in 
the area, creating a hazard in the navigable waterways. These 
regulations will create a regulated area offshore of Deerfield Beach 
that will only allow participant vessels to enter and establish a 
spectator craft area.
    The permanent special local regulations in 33 CFR Sec. 100.733 have 
been in place since 1998. The rule is effective on the third Sunday in 
July. However, this year the third Sunday in July will put the race the 
weekend before the mini-lobster season. The race organizers are moving 
the race date this year to avoid conflict with vessels and people 
preparing for the mini-lobster season.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory 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, l979).
    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 Department of 
Transportation is unnecessary because vessels will be able to transit 
around the regulated area and entry into the regulated area is 
prohibited for only 6 hours on the day of the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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.
    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 small entities will be able to transit around the 
regulated area and entry into the regulated area is prohibited for only 
6 hours on the day of the event.
    A regulated area encompasses all waters within a box established by 
joining the following points:

Corner point 1: 26 deg.19.7'N-080 deg.04.4'W
Corner point 2: 26 deg.19.7'N-080 deg.03.7'W
Corner point 3: 26 deg.15.7'N-080 deg.04.1'W
Corner point 4: 26 deg.15.7'N-080 deg.04.9'W

    A spectator area is established in the vicinity of the regulated 
area for spectator traffic and encompasses all waters within a box 
established by joining the following points:

Corner point 1: 26 deg.15.7'N-080 deg.03.9'W
Corner point 2: 26 deg.15.7'N-080 deg.04.1'W
Corner point 3: 26 deg.19.7'N-080 deg.03.7'W
Corner point 4: 26 deg.19.7'N-080 deg.03.5'W

    All coordinates reference Datum NAD: 83.
    Entry into the regulated area by non-participant persons or vessel 
is prohibited unless authorized by the Coast Guard 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 Coast Guard Patrol Commander. The 
Coast Guard Patrol Commander may also permit traffic to resume normal 
operations between scheduled racing events.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered 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 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 it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. 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 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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That

[[Page 45313]]

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.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph 34(h), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

    For 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 10 a.m. on July 14, 2002 until 4 p.m. on July 15, 2002, add 
temporary Sec. 100.35T-07-013 to read as follows:


Sec. 100.35T-07-013  Annual Deerfield Beach Super Boat Race; Deerfield 
Beach, Florida.

    (a) Regulated area. (1) A regulated area encompasses all waters 
within a box established by joining the following points:

Corner point 1: 26 deg.19.7'N-080 deg.04.4'W
Corner point 2: 26 deg.19.7'N-080 deg.03.7'W
Corner point 3: 26 deg.15.7'N-080 deg.04.1'W
Corner point 4: 26 deg.15.7'N-080 deg.04.9'W

    (2) A spectator area is established in the vicinity of the 
regulated area for spectator traffic and encompasses all waters within 
a box established by joining the following points:

Corner point 1: 26 deg.15.7'N-080 deg.03.9'W
Corner point 2: 26 deg.15.7'N-080 deg.04.1'W
Corner point 3: 26 deg.19.7'N-080 deg.03.7'W
Corner point 4: 26 deg.19.7'N-080 deg.03.5'W

    All coordinates reference Datum NAD: 83.
    (b) Special local regulations. (1) Entry into the regulated area by 
non-participant persons and vessels is prohibited unless authorized by 
the Coast Guard 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 Coast 
Guard Patrol Commander. The Coast Guard Patrol Commander may also 
permit traffic to resume normal operations between scheduled racing 
events.
    (c) 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 Miami.
    (d) Dates. This rule will be enforced from 10 a.m. to 4 p.m. on 
July 14, 2002. If the event is postponed on July 14, it will be 
enforced from 10 a.m. to 4 p.m. on July 15, 2002.

    Dated: June 27, 2002.
J. W. Stark,
Captain, Coast Guard, Commander, Seventh Coast Guard District, Acting.
[FR Doc. 02-17096 Filed 7-8-02; 8:45 am]
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