[Federal Register Volume 68, Number 150 (Tuesday, August 5, 2003)]
[Rules and Regulations]
[Pages 46087-46089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19901]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-03-098]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: Temporary special local regulations are being established for 
the Race Week Miami Super Boat Race held offshore of Miami Beach, 
Florida. These regulations restrict the movement of non-participating 
vessels in the regulated area centered around the race course located 
in the vicinity of Miami Beach, Florida. These are needed to provide 
for the safety of life on navigable waters during the event.

DATES: This rule is effective from 11 a.m. EST on September 21, 2003 
through 4 p.m. EST on September 21, 2003.

ADDRESSES: Documents indicated in the preamble as being available in 
the docket, are part of docket [CGD07-03-098] and are available for 
inspection or copying at Coast Guard Group Miami, 100 MacArthur 
Causeway, Miami Beach, Florida 33139 between 8 a.m. and 4:30 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: BMC 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)(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 temporary rule could be 
issued, would be contrary to public safety interests. Immediate action 
is needed to minimize potential danger to the public, because there 
will be numerous spectator craft in the vicinity of the powerboat race.

Background and Purpose

    Super Boat International Productions Inc. is sponsoring a high 
speed power boat race that will take place on September 21, 2003 in the 
Atlantic Ocean off Miami Beach, Florida. The race organizers anticipate 
35 participants and 200 spectator watercraft. The event will take place 
outside of the marked channel and will not interfere with commercial 
shipping. Recreational vessels and fishing vessels normally operate in 
the waters being used for the event. This rule is required to provide 
for the safety of life on navigable waters because of the inherent 
danger associated with a power boat race. The rule prohibits non-
participating vessels from entering the regulated area offshore of 
Miami Beach, Florida, during the event. A Coast Guard Patrol Commander 
will be present during this event to monitor compliance with this 
regulation.

Discussion of Rule

    This rule is required to provide for the safety of life on 
navigable waters because of the inherent danger associated with a power 
boat 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). This rule only temporarily modifies the existing 
published rule.

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.

[[Page 46088]]

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 Miami Beach, Florida 
from 11 a.m. until 4 p.m. EST on September 21, 2003. The Coast Guard 
certifies under U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities 
because commercial and recreational vessels may be allowed to transit 
through the zone during breaks in the racing.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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. 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 action 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 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. Though 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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 M16475.1D, 
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. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' are 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

0
For the 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. Add temporary Sec.  100.35-T07-098 to read as follows:


Sec.  100.35-T07-098  Race Week Miami Super Boat Race; Miami Beach, 
Florida.

    (a) Regulated areas. (1) The regulated area encompasses all waters 
located within 300 yards of the race course. The course is established 
around the described positions located offshore of Miami Beach, 
Florida; (1) 26 06.745'' N, 080 06.134'' W (2) 26 06.752'' N, 080 
06.13'' W (3) 26 06.079'' N, 080 05.926'' W (4) 26 06.069'' N, 080 
06.047'' W. All coordinates referenced use Datum: NAD 1983.
    (2) A viewing area has been established by the Miami Super Boat 
Race committee by a line parallel to the shore passing through 26 
06.738'' N, 080 05.594'' W. All coordinates reference 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 Miami FL.

[[Page 46089]]

    (c) Special local regulations. Non-participant vessels are 
prohibited from entering the regulated area unless authorized by the 
Coast Guard Patrol Commander. Spectator craft may remain in the 
designated viewing area.
    (d) Dates: This section is effective from 11 a.m. to 4 p.m. on 
September 21, 2003.

    Dated: July 28, 2003.
F.M. Rosa,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 03-19901 Filed 8-4-03; 8:45 am]
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