[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Proposed Rules]
[Pages 21376-21378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8263]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD 07-05-019]
RIN 1625-AA08


Special Local Regulations: Annual Offshore Super Series Boat 
Race, Fort Myers Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent special local 
regulations for the Offshore Super Series Boat Race in Fort Myers 
Beach, Florida. This event will be held annually during the second 
consecutive Saturday and Sunday of June between 10 a.m. and 5 p.m. EDT 
(Eastern Daylight Time). Historically, there have been approximately 
350 participant and spectator craft. The resulting congestion of 
navigable channels creates an extra or unusual hazard in the navigable 
waters of the United States. This proposed rule is necessary to ensure 
the safety of life for the participating vessels, spectators, and 
mariners in the area on the navigable waters of the United States.

DATES: Comments and related material must reach the Coast Guard on or 
before May 26, 2005.

ADDRESSES: You may mail comments and related material to Coast Guard 
Marine Safety Office Tampa, 155 Columbia Drive, Tampa, Florida 33606-
3598. The Waterways Management Division 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 Marine Safety Office Tampa between 
7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jennifer 
Andrew at Coast Guard Marine Safety Office Tampa (813) 228-2191 Ext 
8203.

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 (CGD 07-05-
019), 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 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 Marine Safety Office 
Tampa 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

    The Offshore Super Series will sponsor an offshore powerboat race 
on the near-shore waters of Fort Myers Beach, Florida. The annual event 
is proposed for the second consecutive Saturday and Sunday in June from 
10 a.m. to 5 p.m. The event will host approximately 50 participant 
vessels that travel up to speeds of 130 mph, and approximately 300 
spectator craft. The proposed regulation is needed to provide for the 
safety of life on the Navigable waters of the United States during the 
Annual Offshore Super Series Boat Race in the vicinity of the near-
shore waters off Fort Myers Beach, Florida. The anticipated 
concentration of spectator and participant vessels associated with the 
event poses a safety concern, which is addressed in this proposed 
special local regulation.

Discussion of Proposed Rule

    The proposed regulation would include a regulated area around the 
racecourse that would prohibit all non-participant vessels and persons 
from entering the proposed regulated area annually from 10 a.m. to 5 
p.m. on the

[[Page 21377]]

second consecutive Saturday and Sunday of June. The proposed regulation 
would only permit anchoring of spectator vessels seaward of a 
designated spectator line. All spectator craft would be required to 
remain seaward of a designated spectator line. Although the proposed 
regulation allows continuous entry and exit to Matanzas Pass Channel 
for the duration of the event, the northern portion of the regulated 
area is in very close proximity to the channel entrance. In order to 
avoid incursions into the northern portion of the regulated area by 
vessels avoiding collision due to traffic congestion in the channel, 
the proposed rule would require vessels entering and exiting Matanzas 
Pass to proceed cautiously and take early action to avoid close-
quarters situations until finally past and clear of the regulated area. 
This proposed regulation is intended to provide for the safety of life 
on the navigable waters of the United States for event participants and 
for mariners traveling in the vicinity of the near-shore waters of Fort 
Myers Beach, Florida.

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 regulation would be 
in effect for only a limited time in an area where vessel traffic is 
limited and vessels will still be allowed to entry and exit Matanzas 
Pass Channel.

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 may affect the following 
entities, some of which may be small entities: the owners and operators 
of vessels intending to transit near to shore at Fort Myers Beach, FL 
in the vicinity of Matanzas Pass annually from 10 a.m. to 5 p.m. on the 
second consecutive Saturday and Sunday in June. This proposed rule 
would not have a significant economic impact on a substantial number of 
small entities since it would only be in effect for a limited time in 
an area where vessel traffic is limited and vessels will still be 
allowed to enter and exit Matanzas Pass Channel.
    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 identified in the FOR 
FURTHER INFORMATION CONTACT. 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

[[Page 21378]]

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 is categorically excluded, under 
figure 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation. As a special local regulation issued in 
conjunction with a boat race, this proposed rule satisfies the 
requirements of paragraph (34)(h). 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 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.

    2. Add Sec.  100.736 to read as follows


Sec.  100.736  Annual Offshore Super Series Boat Race; Fort Myers 
Beach, FL.

    (a) Regulated areas. (1) The regulated area is formed within the 
following coordinates; point 1: 26[deg]27'43'' N, 81[deg]58'22'' W 
south to point 2: 26[deg]27'05'' N, 81[deg]58'37'' W east to point 3: 
26[deg]25'39'' N, 81[deg]55'46'' W north to point 4: 26[deg]26'14'' N, 
81[deg]55'22'' W and west to original point 1: 26[deg]27'43'' N, 
81[deg]58'22'' W. All coordinates referenced use datum: NAD 1983.
    (2) The spectator line is formed by the following coordinates; 
point 1: 26[deg]26'53'' N, 81[deg]58'27'' W east to point 2: 
26[deg]25'32'' N, 81[deg]53'57'' W. All coordinates referenced use 
datum: NAD 1983.
    (b) Special local regulations. (1) Non-participant vessels and 
persons are prohibited from entering the regulated area as defined in 
paragraph (a)(1).
    (2) All vessels entering and exiting Matanzas Pass Channel shall 
proceed cautiously and take early action to avoid close-quarters 
situations until finally past and clear of the regulated area.
    (3) Anchoring is only permitted seaward of the spectator line as 
defined in paragraph (a)(2).
    (4) Spectator vessels must remain seaward of the spectator line as 
defined in paragraph (a)(2).
    (c) Enforcement dates. This section will be enforced annually from 
10 a.m. to 5 p.m. EDT on the second consecutive Saturday and Sunday of 
June.

    Dated: April 14, 2005.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 05-8263 Filed 4-25-05; 8:45 am]
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