[Federal Register Volume 68, Number 75 (Friday, April 18, 2003)]
[Rules and Regulations]
[Pages 19150-19152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9647]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-03-041]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the Miami Beach Super Boat Grand Prix powerboat race. 
This event will be in the Atlantic Ocean, off Miami Beach, Florida on 
April 27, 2003. This regulation is necessary to provide for the safety 
of life on navigable waters during the event.

DATES: 33 CFR 100.730 is suspended from April 1, 2003 until April 30, 
2003. Temporary Sec.  100.35T-07-041 is effective from 10 a.m. until 4 
p.m. on April 27, 2003.

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

FOR FURTHER INFORMATION CONTACT: BM1 D. Vaughn, Coast Guard Group 
Miami, Florida 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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing an NPRM. Publishing an 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 associated with the 
large number of vessels expected for this event. Permanent special 
local regulations similar to this temporary rule have been in place for 
this event since 1998 effective on the third Sunday in April each year. 
However, this year the third Sunday in April is Easter Sunday. The race 
organizers are moving the race date this year to avoid a conflict with 
the holiday.
    For the same reasons, under 5 U.S.C. 553, good cause exists for 
making this regulation effective in less than 30 days after publication 
in the Federal Register.

Background and Purpose

    Super Boat International Productions Inc., is sponsoring a high-
speed power boat race that will take place on April 27, 2003 in the 
Alantic Ocean off Miami 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 in the area. The 
race boats will be competing at high speeds with numerous spectator 
vessels on scene, requiring control over vessel traffic in the area.

Discussion of Rule

    These regulations create two regulated areas offshore from Miami 
Beach for this event. The first regulated area surrounds the race 
course and non-participant vessels are prohibited from entering this 
area without authorization from the Coast Guard Patrol Commander. The 
second regulated area establishes a spectator craft viewing area where 
spectator vessels may enter to watch the race.

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 Homeland 
Security (DHS). We expect the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary, because non-participant vessels 
are only prohibited from entering one of the regulated areas for 6 
hours on the day of the event. Also, vessels should be able to transit 
around this one regulated area.

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 non-participant vessels are only prohibited from 
entering one of the regulated areas for 6 hours on the day of the 
event. Also, vessels should be able to transit around this one 
regulated area.

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 can better evaluate its 
effects on them and participate in the rulemaking process.

[[Page 19151]]

    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 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 analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded under 
figure 2-1, paragraph 34(h), of the Instruction, from further 
environmental documentation. Under figure 2-1, paragraph (34)(h), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 100

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


0
For reasons discussed in the preamble, the Coast Guard amends 33 CFR 
part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233, Department of Homeland Security 
Delegation No. 0170.


0
2. From April 1, 2003 until April 30, 2003, temporarily suspend 33 CFR 
100.730

0
3. Add a new temporary Sec.  100.35T-07-041 to read as follows:


Sec.  100.35T-07-041  Miami Beach Super Boat Race; Miami Beach, 
Florida.

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

    Corner point 1: 25-46.30 N, 080-07.85 W
    Corner point 2: 25-46.30 N, 080-06.82 W
    Corner point 3: 25-51.30 N, 080-06.20 W
    Corner point 4: 25-51.30 N, 080-07.18 W.


All coordinates reference Datum NAD: 83.
    (2) Spectator area. A regulated area is established in the vicinity 
of the race course for spectator traffic and is defined by a line 
joining the following points:

    Corner point 1: 25-51.30 N, 080-06.15 W
    Corner point 2: 25-51.30 N, 080-05.85 W
    Corner point 3: 25-46.30 N, 080-06.55 W
    Corner point 4: 25-46.30 N, 080-06.77 W.


All coordinates reference Datum NAD: 83.
    (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 Commander, Coast Guard Group Miami, Florida.
    (c) Special local regulations. (1) Non-participant vessels are 
prohibited from entering the race course regulated area unless 
authorized by the Coast Guard Patrol Commander.
    (2) When notified by the Coast Guard Patrol Commander, after the 
completion of scheduled races and the departure of participants from 
the race course regulated area, vessel traffic may resume normal 
operations. (3) At the discretion of the Coast Guard Patrol Commander, 
traffic may be permitted to resume normal operations between scheduled 
racing events.
    (d) Effective date. This rule is effective from 10 a.m. to 4 p.m. 
on April 27, 2003.


[[Page 19152]]


    Dated: April 10, 2003.
F.M. Rosa,
Captain, U.S. Coast Guard, Acting, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-9647 Filed 4-17-03; 8:45 am]
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