[Federal Register Volume 70, Number 114 (Wednesday, June 15, 2005)]
[Rules and Regulations]
[Pages 34658-34659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11822]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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 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: This rule is effective July 15, 2005.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD 07-05-019] and are 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:

Regulatory Information

    On April 26, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations: Annual Offshore Super Series 
Boat Race, Fort Myers Beach, FL in the Federal Register (70 FR 21376). 
We received no comments on the proposed rule. No public meeting was 
requested, and none was held.

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 
will be held on 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. This 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 racecourse. The 
anticipated concentration of spectator and participant vessels 
associated with the event poses a safety concern that is addressed in 
this special local regulation.

Discussion of Comments and Changes

    No comments were received for this rule.

Discussion of Rule

    This regulation includes a regulated area around the racecourse 
that will prohibit all non-participant vessels and persons from 
entering the regulated area annually from 10 a.m. to 5 p.m. on the 
second consecutive Saturday and Sunday of June. The regulation will 
only permit anchoring of spectator vessels seaward of a designated 
spectator line. All spectator craft will be required to remain seaward 
of a designated spectator line. Although the 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 rule will 
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 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 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 rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. The regulation will be in effect for only a 
limited time in an area where vessel traffic is limited and vessels 
will still be allowed to enter and exit through Matanzas Pass Channel.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
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 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 rule will 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 
through Matanzas Pass Channel.

Assistance for Small Entities

    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

[[Page 34659]]

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 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 rule will not result in such an 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.

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 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.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard proposes to 
amend 33 CFR part 100 as follows:

PART 100--MARINE EVENTS AND REGATTAS

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 Sec.  100.740 to read as follows:


Sec.  100.740  Annual Offshore Super Series Boat Race; Fort Myers 
Beach, FL.

    (a) Regulated area. (1) The regulated area is formed by 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 83.
    (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 83.
    (b) Special local regulations.
    (1) Non-participant vessels and persons are prohibited from 
entering the regulated area as defined in paragraph (a)(1) of this 
section.
    (2) All vessel 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) of this section.
    (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: June 2, 2005.
W.E. Justice,
Capt, U.S. Coast Guard, Acting Commander, Seventh Coast Guard District.
[FR Doc. 05-11822 Filed 6-14-05; 8:45 am]
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