[Federal Register Volume 68, Number 216 (Friday, November 7, 2003)]
[Rules and Regulations]
[Pages 63018-63019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28012]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-03-099]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: Temporary special local regulations are being established for 
the World Championship Super Boat Race held offshore of Deerfield 
Beach, Florida. These special local regulations restrict the movement 
of non-participating vessels in the regulated race area and provide for 
a viewing area for spectator craft. 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 November 4, 2003, until 4 
p.m. on November 9, 2003.

ADDRESSES: Documents indicated in the preamble as being available in 
the docket are part of docket [CGD07-03-099] and are available for 
inspection or copying at Coast Guard Group Miami, 100 MacArthur 
Causeway, Miami Beach, FL 33139 between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Daniel Vaughn, 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 an NPRM. Publishing an NPRM, which 
would incorporate a comment period before a temporary rule could be 
issued, would be impracticable and contrary to public interest since 
immediate action is needed to minimize the potential danger to the 
public posed by the powerboat race and the number of expected spectator 
craft.
    For the same reasons, 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

    Super Boat International Productions Inc. is sponsoring a high 
speed power boat race that will take place on November 4, 6, and 9, 
2003, from 11 a.m. until 4 p.m. in the Atlantic Ocean off Deerfield 
Beach, Florida. The race organizers anticipate 80 participants and 200 
spectator craft. 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 dangers associated with 
power boat races. The rule prohibits non-participating vessels from 
entering the regulated race area offshore of Deerfield 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 will create two regulated areas, a race area and a 
viewing area. These regulated areas assist in providing for the safety 
of life on navigable waters and minimizing the inherent dangers 
associated with power boat races. These dangers include race craft 
traveling at high speeds in close proximity to one other, and in 
relatively close proximity to spectator craft. Due to these concerns, 
public safety requires the creation of these two regulated areas.

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). The rule will be in place in a limited area offshore of 
Deerfield Beach, Florida. Although the rule will be effective from 
November 4 until November 9 the rule will only be enforced on November 
4, 6 and 9, from 11 a.m. until 4 p.m. each day, corresponding with the 
scheduled races.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 Deerfield Beach, 
Florida from 11 a.m. until 4 p.m. on November 4, 6, and 9, 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 this rule will be in effect for a limited duration, the rule 
regulates a very small area, and commercial and recreational vessels 
may be allowed to transit through the zone during breaks in the racing. 
Moreover, all vessel traffic can pass safely around the zone. Before 
the effective period, we will issue maritime advisories over VHF-FM 
radio to allow the maritime community to plan accordingly.

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. Small 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking.
    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).

[[Page 63019]]

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 will not result in such 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 record keeping 
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. 0170.1.


0
2. Add temporary Sec.  100.35T-07-099 to read as follows:


Sec.  100.35T-07-099  World Championship Super Boat Race; Deerfield 
Beach, Florida.

    (a) Regulated areas. (1) The regulated race area encompasses all 
waters located within a line connecting the following positions located 
offshore of Deerfield Beach, Florida--Point 1: 26[deg]15.70 N, 
080[deg]04.90 W; Point 2: 26[deg]15.70 N, 080[deg]04.10 W, Point 3: 
26[deg]19.70 N, 080[deg]03.70 W, and Point 4: 26[deg]19.70 N, 
080[deg]04.40 W. All coordinates referenced use Datum: NAD 1983.
    (2) The regulated viewing area encompasses all waters located 
within a line connecting the following positions located offshore of 
Deerfield Beach, Florida--Point 1: 26[deg]15.50 N; 080[deg]04.20 W; 
Point 2: 26[deg]15.50 N; 080[deg]04.00 W; Point 3: 26[deg]19.39 N; 
080[deg]03.90 W; and Point 4: 26[deg]19.39 N; 080[deg]04.05 W. 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 Miami, 
Florida.
    (c) Special Local Regulations. From 11 a.m. until 4 p.m. on 
November 4, November 6, and November 9, 2003, non-participant vessels 
are prohibited from entering the race area 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) Dates: This section is effective from 11 a.m. on November 4, 
2003, until 4 p.m. on November 9, 2003.

    Dated: October 31, 2003.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-28012 Filed 11-6-03; 8:45 am]
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