[Federal Register Volume 69, Number 174 (Thursday, September 9, 2004)]
[Proposed Rules]
[Pages 54598-54600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20456]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-04-099]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary special local 
regulations for the World Championship Super Boat Race held offshore of 
Deerfield Beach, Florida. These special local regulations limit 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: Comments and related material must reach the Coast Guard on or 
before September 24, 2004.

ADDRESSES: You may mail comments and related material to Coast Guard 
Sector Miami, 100 MacArthur Causeway, Miami Beach, FL 33139. Coast 
Guard Sector Miami maintains the public docket [CGD07-04-099] 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 Sector 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: Boatswain's Mate Chief D. Vaughn, 
Coast Guard Sector Miami, FL 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 [CGD07-04-
099], indicate 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.

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 Sector 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 later notice in the Federal Register.

Background and Purpose

    Super Boat International Productions, Inc., is sponsoring a high-
speed power boat race proposed for October 10, 2004, from 10 a.m. until 
5 p.m., in the Atlantic Ocean off Deerfield Beach, Florida. The race 
organizers expect 80 participants and 200 spectator craft for this 
event. The event takes place outside of the marked channel so that it 
will not interfere with commercial shipping. Recreational vessels and 
fishing vessels normally operate in the waters proposed 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 boats 
racing at high speeds in proximity to other vessels. The rule prohibits 
non-participating vessels from entering the regulated race area 
offshore of Deerfield Beach, Florida, during the event. The sponsoring 
organization proposes to patrol and provide safety services for the 
regulated area in the form of the following: 3 race equipment check 
boats, 6 medical boats, 10 safety and manatee-sea turtle watch boats, 3 
media coverage boats, and 2 medical rescue helicopters. The race 
schedule follows:
    1. The regulated area will be closed one (1) hour before the racing 
begins to ensure that manatees, sea turtles and spectators are no 
longer in the regulated area.
    2. At 11 a.m., smaller vessels will race in the following manner:

Super Stock (S).....................  65 miles (10 Laps).
Manufactures (F) 1..................  59 miles (9 Laps).
Divisional (P) 1, 2, 3, 4, 5........  40 miles (6 Laps).
 

    3. At 1 p.m., racing begins for the Superboats in the following 
manner:

Superboat (Cat) & Superboat VEE (V).  104 miles (16 Laps).
Superboat Unlimited & Superboat Vee   104 miles (16 Laps).
 Unlimited.
Superboat Vee Limited (VL),           84 miles (13 Laps).
 Superboat Limited (Cat), Super X
 (X).
 

A Coast Guard Patrol commander will be present during the event to 
monitor compliance with this regulation.

Discussion of Proposed 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 powerboat races. These dangers include race craft 
traveling at high speed in close proximity to one other and in 
relatively close proximity to spectator craft. Due to these concerns, 
public safety requires these regulations to provide for the safety of 
life on the navigable waters.

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).

[[Page 54599]]

    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.
    This regulation would affect a limited area offshore of Deerfield 
Beach, Florida, and only for a limited time period. It would be 
effective October 10, 2004 from 10 a.m. until 5 p.m. for the duration 
of the scheduled races.

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 rule would affect the following 
entities, some of which may be small entities: The owners or operators 
of vessels intending to transfer or anchor in a portion of the Atlantic 
Ocean near Deerfield Beach, Florida from 10 a.m. until 5 p.m. on 
October 10, 2004. The Coast Guard certifies under U.S.C. 605(b) that 
this rule would not have a significant economic impact on a substantial 
number of small entities, because this rule would regulate a very small 
area, be in effect for a limited duration, and allow the transit of 
commercial and recreational vessels between races. Moreover, all vessel 
traffic can pass safely around the zone. Before the effective period, 
maritime advisories would be issued over VHF-FM radio to allow the 
maritime community to plan accordingly.
    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 want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding and 
participating in this rulemaking. The Coast Guard will not retaliate 
against small entities that question or complain about this rule or any 
policy or action 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 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 of 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 Mandated 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 proposed 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 would 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 or 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of material, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or

[[Page 54600]]

adopted by voluntary consensus standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

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 not 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.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; Department of Homeland Security 
Delegation No. 0170.1

    2. From 10 a.m. until 5 p.m. on October 10, 2004, 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 area encompasses all waters 
located inside of a line connecting the following positions located 
offshore of Deerfield Beach, Florida:

Point 1: 26[deg]17'08'' N, 080[deg]04'41'' W,
Point 2: 26[deg]17'06'' N, 080[deg]04'17'' W,
Point 3: 26[deg]19'49'' N, 080[deg]04'16'' W,
Point 4: 26[deg]19'49'' N, 080[deg]03'48'' W,

    All coordinates referenced use Datum: NAD 1983.
    (2) The spectator area encompasses all waters located within a box 
bounded by the following positions located offshore of Deerfield Beach, 
Florida:

Point 1: 26[deg]17'07'' N, 080[deg]04'26'' W,
Point 2: 26[deg]17'06'' N, 080[deg]04'17'' W,
Point 3: 26[deg]19'49'' N, 080[deg]03'57'' W,
Point 4: 26[deg]19'49'' N, 080[deg]03'48'' 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 Sector Miami, 
Florida.
    (c) Special Local Regulations. From 10 a.m. until 5 p.m. on October 
10, 2004, 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 spectator area but must 
follow the directions of the Coast Guard Patrol Commander. The Coast 
Guard Patrol Commander can be contacted on VHF marine band radio, 
channel 16.
    (d) Dates: This section is effective from 10 a.m. until 5 p.m. on 
October 10, 2004.

    Dated: August 30, 2004.
D.B. Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-20456 Filed 9-8-04; 8:45 am]
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