[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Proposed Rules]
[Pages 23946-23948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9079]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD 07-05-039]
RIN 1625-AA08


Special Local Regulations: Annual Suncoast Offshore Grand Prix; 
Gulf of Mexico, Sarasota, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the permanent special local 
regulations for the Suncoast Offshore Challenge and the Suncoast 
Offshore Grand Prix in the Gulf of Mexico near Sarasota, Florida. By 
existing permanent special local regulations, these two race events 
have nearly identical course and time characteristics, however one 
event is held annually on the first Saturday of July and the other 
event is held annually on the first Sunday of July. The sponsor has 
decided to combine the events into a single day, reduced the length of 
the racecourse, and modified the times of the event which would take 
place annually on the first Sunday of July between 10 a.m. and 5 p.m. 
(Eastern Daylight Time). These amended regulations are necessary to 
provide for the safety of life for the participating vessels, 
spectators, and mariners on the navigable waters of the United States 
during the event.

DATES: Comments and related material must reach the Coast Guard on or 
before June 6, 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-
039), 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 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 Annual Suncoast Offshore Challenge and Annual Offshore Grand 
Prix in the Gulf of Mexico near Sarasota, Florida are governed by 
permanent regulations at 33 CFR Sec.  100.719 and 33 CFR Sec.  100.720, 
respectively, and are normally held on the first Saturday and Sunday of 
July between 10 a.m. and 4 p.m. Event coordinators have decided to 
combine the two events to take place annually on the first Sunday of 
July between 10 a.m. and 5 p.m. Event coordinators are also reducing 
the length of the racecourse which would allow for Big Sarasota Pass 
channel to remain open during the event.

Discussion of Proposed Rule

    This proposed rule is necessary to accommodate the rescheduling of 
the Annual Suncoast Offshore Challenge onto the date of the Annual 
Suncoast Offshore Grand Prix race date and to modify the regulated area 
to account for changes in the length of the racecourse. The proposed 
rule would remove 33 CFR Sec.  100.719, the existing permanent 
regulation for the Annual Suncoast Offshore Challenge scheduled for the 
first Saturday in July. That event would be consolidated with 33 CFR 
Sec.  100.720, the Annual Suncoast Offshore Grand Prix into a one-day 
race event to be held on the already established Grand Prix race day, 
annually on the first Sunday of July. The proposed termination time of 
33 CFR Sec.  100.720 would change from 4 p.m. to 5 p.m. Additionally, 
the Coordinates of the regulated area would be modified to reflect a 
reduced length in the racecourse and to open Big Sarasota Pass to 
vessel traffic which is normally blocked under the existing special 
local regulations.

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 a limited time and is located in an area where vessel 
traffic is limited.

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 Lido Key in Sarasota, 
FL in the vicinity of Big Sarasota Pass and New Pass annually from 10 
a.m. to 5 p.m. on the first Sunday in July. This proposed rule would 
not have a significant economic impact on a substantial number of small 
entities

[[Page 23947]]

since it will be in effect for a limited time in an area where vessel 
traffic is limited.
    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 (Public Law 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 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 
M16475.1D, 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. 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. 0170.1.


Sec.  100.719  [Removed]

    2. Remove Sec.  100.719.
    3. Revise Sec.  100.720 to read as follows:


Sec.  100.720  Annual Suncoast Offshore Grand Prix; Gulf of Mexico, 
Sarasota, FL.

    (a) Regulated area. The regulated area is established by a line 
drawn from the start position 27[deg]18'22'' N, 82[deg]35'46'' W thence 
to position 27[deg]16'30'' N, 82[deg]35'17'' W thence to position 
27[deg]16'30'' N, 82[deg]35'02'' W thence to position 27[deg]18'18'' N, 
82[deg]34'45'' W thence to position 27[deg]18'53'' N,

[[Page 23948]]

82[deg]35'04'' W thence to position 27[deg]18'47'' N, 82[deg]35'39'' W 
thence back to the start position. All coordinates referenced use 
datum: NAD 83.
    (b) Special local regulations. (1) No anchoring will be permitted 
seaward of the shoreside boundaries of the regulated area out to three 
nautical miles from shore.
    (2) Anchoring for spectators will be permitted shoreward of the 
shoreside boundaries of the regulated area.
    (3) All vessel traffic not involved with the Suncoast Offshore 
Grand Prix, entering and exiting New Pass must exit at New Pass Channel 
daybeacon 3 (27[deg]26'28'' N, 82[deg]41'42'' W, LLNR 18100) 
and 4 (27[deg]26'24'' N, 82[deg]41'41'' W, LLNR 18105), and 
must proceed in a northerly direction shoreward of spectator craft, 
taking action to avoid a close-quarters situation until finally past 
and clear of the racecourse. All coordinates referenced use datum: NAD 
83.
    (4) All vessel traffic not involved with the Suncoast Offshore 
Grand Prix, entering and exiting Big Sarasota Pass Channel will be 
allowed to transit only within the marked channel at Big Sarasota Pass 
Channel, taking action to avoid a close-quarters situation until 
finally past and clear of the racecourse.
    (5) Entry within the regulated area is prohibited for all non-
participating vessels.
    (c) Enforcement Period. This section will be enforced from 10 a.m. 
until 5 p.m. EDT, annually on the first Sunday of July.

    Dated: April 19, 2005.
W. E. Justice,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 05-9079 Filed 5-5-05; 8:45 am]
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