[Federal Register Volume 70, Number 52 (Friday, March 18, 2005)]
[Proposed Rules]
[Pages 13122-13124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5336]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 70, No. 52 / Friday, March 18, 2005 / 
Proposed Rules  

[[Page 13122]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-05-015]
RIN 1625-AA08


Special Local Regulations; Dania Beach/Hollywood Super Boat Race, 
Dania Beach/Hollywood, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary special 
local regulation for the Dania Beach/Hollywood Super Boat Race offshore 
in Dania Beach/Hollywood, Florida. These special local regulations 
restrict the movement of non-participating vessels and persons in the 
regulated race area and provide 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 May 17, 2005.

ADDRESSES: You may mail comments and related material to: Commander, 
Coast Guard Sector Miami, 100 MacArthur Causeway, Miami Beach, Fl 33139 
Attn: BMC R. Terrell or BMC D. Vaughn. Sector Miami Deck/ATON 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 Sector Miami, 100 
MacArthur Causeway, Miami Beach, Florida between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Boatswain's Mate Chief Richard Terrell 
or Boatswain's Mate Chief Daniel Vaughn, 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 CGD07-05-
015, 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 Commander, U.S. 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 a later notice in the Federal 
Register.

Background and Purpose

    Super Boat International Productions Inc. is sponsoring a high-
speed power boat race event on July 17, 2005, from 10 a.m. until 5 p.m. 
in the Atlantic Ocean offshore from Dania Beach/Hollywood, Florida. The 
race organizers anticipate 35 race participants and 100 spectator 
craft. The event will take place outside of the marked channel and will 
not interfere with commercial shipping. Recreational and fishing 
vessels normally operate in the area that will be affected by the 
establishment of a special local regulation. This rule is required to 
provide for the safety of life on navigable waters, due to the dangers 
associated with power boat races. The proposed rule prohibits non-
participating vessels and persons from entering the regulated race 
areas during the event. A Coast Guard Patrol Commander will be present 
during the event to monitor compliance with this regulation.

Discussion of Proposed Rule

    This rule creates two regulated areas, a regulated race area and a 
regulated viewing area (regulated areas). These regulated areas provide 
for the safety of life on navigable waters and minimize the dangers 
associated with powerboat races. These dangers include race craft 
traveling at high speeds in close proximity to race participants, 
spectator craft. This regulation keeps event participants, spectator 
craft and recreational vessels at a safe distance from one another.

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 proposed rule affects a limited area offshore of Dania Beach/
Hollywood, Florida and will be effective for only 7 hours on July 17, 
2005, specifically from 10 a.m. until 5 p.m.

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 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

[[Page 13123]]

Ocean near Dania Beach/Hollywood, Florida from 10 a.m. until 5 p.m. on 
July 17, 2005. 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 would be in effect for only 
7 hours. The rule also regulates a small area, and commercial and 
recreational vessels may be allowed to transit through the zone between 
races with permission of the Coast Guard Patrol Commander. Moreover, 
all vessel traffic can pass safely around the regulated areas. Before 
the effective period, we will issue maritime advisories over VHF-FM 
radio to allow the maritime community to plan accordingly.
    If you think 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.

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 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 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.

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 materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or 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.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 should be categorically excluded, 
under figure 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation because this regulation is a special local 
regulation issued in conjunction with an organized water event of 
limited duration. Under Figure 2-1, Paragraph 34(h), an ``Environmental 
Analysis Check List'' and a final ``Categorical Exclusion 
Determination'' are not required for this rule. Comments on this 
section will be considered before we make the final decision on whether 
the rule should be categorically excluded 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:

[[Page 13124]]

PART 100--SAFETY OF LIFE 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.  100.35T-07-021 to read as follows:


Sec.  100.35T-07-021  Dania Beach/Hollywood Super Boat Race; Dania 
Beach/Hollywood, Florida.

    (a) Definitions. (1) Regulated race area. The regulated race area 
encompasses all waters located inside of a line connecting the 
following positions offshore of Dania Beach/Hollywood, Florida:

Point 1: 26[deg]03'41'' N, 080[deg]05'01'' W
Point 2: 26[deg]03'41'' N, 080[deg]06'23'' W
Point 3: 26[deg]00'07'' N, 080[deg]05'36'' W
Point 4: 26[deg]00'10'' N, 080[deg]06'50'' W

    All coordinates referenced use Datum: NAD 1983.
    (2) Regulated viewing area. The regulated viewing area for 
spectator craft encompasses all waters located within a line connecting 
the following positions offshore Dania Beach/Hollywood, Florida;

Point 1: 26[deg]03'41'' N, 080[deg]05'30'' W
Point 2: 26[deg]03'41'' N, 080[deg]05'01'' W
Point 3: 26[deg]00'07'' N, 080[deg]05'56'' W
Point 4: 26[deg]00'07'' N, 080[deg]05'36'' W

    All coordinates referenced use Datum NAD: 1983.
    (3) 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 the Commanding Officer, Coast Guard Sector Miami, 
Florida.
    (b) Special Local Regulations. Vessels and persons are prohibited 
from entering the regulated race area, unless they are race 
participants or authorized by the Coast Guard Patrol Commander. 
Spectator craft may enter the regulated viewing area upon authorization 
of the Coast Guard Patrol Commander. If entry is authorized, all 
persons must follow the instructions of the Coast Guard Patrol 
Commander.
    (c) Effective Period: This rule is effective from 10 a.m. until 5 
p.m. on July 17, 2005.

    Dated: March 3, 2005.
W.E. Justice,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 05-5336 Filed 3-17-05; 8:45 am]
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