[Federal Register Volume 68, Number 176 (Thursday, September 11, 2003)]
[Proposed Rules]
[Pages 53533-53535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23186]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-03-032]
RIN 1625-AA08


Special Local Regulations; Child SMILE American Tour Fort 
Lauderdale Offshore Gran Prix, Fort Lauderdale Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to create temporary special local 
regulations for the Child SMILE American Tour Fort Lauderdale Offshore 
Gran Prix held offshore of Fort Lauderdale Beach, Florida. These 
special local regulations restrict the movement of non-participating 
vessels operating in the vicinity of the race course located off Fort 
Lauderdale Beach, Florida. This rule is needed to provide for the 
safety of life on navigable waters during the event.

DATES: Comments and related material must reach the Coast Guard on or 
before September 26, 2003.

ADDRESSES: You may mail comments and related material to Coast Guard 
Group Miami, 100 MacArthur Causeway, Miami Beach, Florida 33139 
attention of Chief D. Vaughn. Coast Guard Group Miami maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at Coast Guard Group Miami between 
8 a.m. and 4 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:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD07-03-
032), indicated the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.
    In order to allow the public the maximum time to comment on this 
proposed rule, we intend to make this proposed temporary final rule 
effective less than thirty days after it is published in the Federal 
Register. Due to the date of this event, we have reduced the public 
comment period to 15 days to allow us to process all public comments 
before deciding to publish a temporary final rule.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Coast Guard Group Miami at the 
address under ADDRESSES explaining why one would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    North Star Lady Inc., doing business as Over the Edge Motorsport 
Marketing and the H20 Performance Marketing Group, is sponsoring a 
high-speed power boat race that will take place on October 3 and 4 of 
2003, in the Atlantic Ocean off Fort Lauderdale Beach, Florida. The 
race organizers anticipate 70 participants and 50 spectator watercraft 
for this event. 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 but will be able to safety operate around the regulated areas 
with minimal delay. 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.

Discussion of Proposed Rule

    This proposed rule would create two regulated areas, a race course 
and a viewing area. The race course would encompass all waters located 
shoreward of a line connecting the following positions located offshore 
of Fort Lauderdale Beach, Florida:

Beginning with Point 1: 26 08.228' N-080 06.255' W, thence to
Point 2: 26 08.231' N-080 05.936' W, thence to
Point 3: 26 08.178' N-080 05.799' W, thence to
Point 4: 26 08.055' N-080 05.752' W, thence to
Point 5: 26 07.565' N-080 05.790' W, thence to
Point 6: 26 07.022' N-080 05.827' W, thence to
Point 7: 26 06.780' N-080 05.843' W, thence to
Point 8: 26 06.671' N-080 05.869' W, thence to
Point 9: 26 06.602' N-080 06.343' W, then back to the original point.
    The viewing area would encompass all waters located within the 
following positions located offshore of Fort Lauderdale Beach, Florida:
Beginning with Corner point 1: 26 06.738' N-080 05.047' W, thence to
Corner point 2: 26 06.738' N-080 05.125' W, thence to
Corner point 3: 26 08.100' N-080 05.125' W, thence to
Corner point 4: 26 08.100' N-080 05.047' W, then back to the original 
point.
    All coordinates reference Datum NAD: 1983.
    Non-participant vessels are prohibited from entering the race 
course unless authorized by the Coast Guard Patrol

[[Page 53534]]

Commander. Spectator craft may remain in the designated viewing area 
but must follow the directions of the Coast Guard Patrol Commander.

Regulatory Evaluation

    This proposed 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 proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. 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 but will be able to safety operate around the 
regulated areas with minimal delay.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601--612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would 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 Fort Lauderdale Beach, Florida from 11 a.m. until 4 p.m. on 
October 3 and 4, 2003.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons 
because this rule would only be in effect for 5 hours over the course 
of two days, the race will take place outside of the marked channel and 
will not interfere with commercial shipping, and recreational vessels 
will be able to safely transit around the regulated areas with minimal 
delay.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 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 proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed 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 proposed 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 proposed 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

[[Page 53535]]

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. Comments on this 
section will be considered before we make the final decision on whether 
to categorically exclude this rule from further environmental review.

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 proposes 
to amend 33 CFR part 100, as follows:

PART 100--SAFETY OF LIVE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add temporary Sec.  100.35-T07-032 to read as follows:


Sec.  100.35-T07-032  Child SMILE American Tour Fort Lauderdale 
Offshore Gran Prix, Fort Lauderdale Beach, Florida.

    (a) Regulated areas. (1) The race course encompasses all waters 
located inside of a line connecting the following positions located 
offshore of Fort Lauderdale Beach, Florida:
Beginning with Point 1: 26 08.228' N-080 06.255' W, thence to
Point 2: 26 08.231' N-080 05.936' W, thence to
Point 3: 26 08.178' N-080 05.799' W, thence to
Point 4: 26 08.055' N-080 05.752' W, thence to
Point 5: 26 07.565' N-080 05.790' W, thence to
Point 6: 26 07.022' N-080 05.827' W, thence to
Point 7: 26 06.780' N-080 05.843' W, thence to
Point 8: 26 06.671' N-080 05.869' W, thence to
Point 9: 26 06.602' N-080 06.343' W, then back to the original point.
    All coordinates referenced use Datum: NAD 1983.
    (2) The viewing area encompasses all waters located within the 
following positions located offshore of Fort Lauderdale Beach, Florida:
Beginning with Corner point 1: 26 06.738' N-080 05.047' W, thence to
Corner point 2: 26 06.738' N-080 05.125' W, thence to
Corner point 3: 26 08.100' N-080 05.125' W, thence to
Corner point 4: 26 08.100' N-080 05.047' W, then back to the original 
point.
    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, 
Florida.
    (c) Special local regulations. From 11 a.m. until 4 p.m. on October 
3 and 4, 2003, non-participant vessels are prohibited from entering the 
race-course unless authorized by the Coast Guard Patrol Commander. 
Spectator craft may remain in the designated viewing area but must 
follow the directions of the Coast Guard Patrol Commander.
    (d) Effective dates. This rule is effective from 11 a.m. on October 
3, 2003 until 4 p.m. on October 4, 2003.

    Dated: August 25, 2003.
H.E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-23186 Filed 9-10-03; 8:45 am]
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