[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Rules and Regulations]
[Pages 38517-38520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10584]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD 07-06-107]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: This rule temporarily suspends the permanent special local

[[Page 38518]]

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. This year, the 
sponsor has decided to combine the events into a single day, reduce the 
length of the racecourse, and modify the times of the event. Therefore, 
this rule also adds new temporary special local regulations to account 
for the changes and 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: This rule is effective from 10 a.m. until 5 p.m. on July 2, 
2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD 07-06-107] and are available for 
inspection or copying at Coast Guard Sector St. Petersburg, Prevention 
Department, 155 Columbia Drive, Tampa, Florida 33606-3598 between 7:30 
a.m. and 3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jennifer 
Andrew at Coast Guard Sector St. Petersburg, Prevention Department, 
(813) 228-2191, Ext. 8307.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The exact location and 
dimensions of the race area were not provided to the Coast Guard with 
sufficient time to publish an NPRM. Publishing an NPRM and delaying its 
effective date would be contrary to the public interest since immediate 
action is needed to minimize potential danger to the public transiting 
the area.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. The Coast Guard will 
issue a broadcast notice to mariners and will place Coast Guard or 
local law enforcement vessels in the vicinity of this area to advise 
mariners of the restriction.

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 100.719 and 33 CFR 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 on Sunday, July 2, 2006, 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 Rule

    This temporary 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. This rule will 
temporarily suspend 33 CFR 100.719 and 33 CFR 100.720, and temporarily 
add a new regulation, 33 CFR 100.T07-107, which is a combination of the 
suspended regulations. The Coordinates of the regulated area will be 
modified to reflect a reduced length in the racecourse and the opening 
of Big Sarasota Pass to vessel traffic, which is blocked under the 
existing special local regulations. This temporary regulation will be 
in effect from 10 a.m. until 5 p.m. on July 2, 2006.

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 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 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 
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 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 rule would not have a 
significant economic impact on a substantial number of small entities 
since it will be in effect for a limited time in an area where vessel 
traffic is limited.

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 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 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 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

[[Page 38519]]

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 would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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 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. Special local regulations issued in 
conjunction with a marine event permit are specifically excluded from 
further analysis and documentation under those sections.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' is 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 amends 33 
CFR part 100 as follows:

PART 100--MARINE EVENTS & 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.


Sec.  100.719  [Suspended]

0
2. From 10 a.m. until 5 p.m. on Sunday, July 2, 2006, suspend Sec.  
100.719.


Sec.  100.720  [Suspended]

0
3. From 10 a.m. until 5 p.m. on Sunday, July 2, 2006, suspend Sec.  
100.720.
0
4. From 10 a.m. until 5 p.m. on Sunday, July 2, 2006, add a new 
temporary Sec.  100.T07-107 to read as follows:


Sec.  100.T07-107  Suncoast Offshore Grand Prix; Gulf of Mexico, 
Sarasota, FL.

    (a) Regulated Area. The regulated area encompasses all waters 
within the following positions (All coordinates referenced use datum: 
NAD 83):

27[deg]19'47'' N, 82[deg]35'28'' W
27[deg]19'47'' N, 82[deg]36'23'' W
27[deg]15'39'' N, 82[deg]36'23'' W
27[deg]15'39'' N, 82[deg]32'43'' W
27[deg]17'53'' N, 82[deg]33'59'' W
27[deg]19'47'' N, 82[deg]35'28'' W

    (b) Spectator Area. The spectator area is established within the 
following positions (All coordinates referenced use datum: NAD 83):

27[deg]18'19'' N, 82[deg]36'13'' W
27[deg]16'53'' N, 82[deg]35'58'' W
27[deg]16'56'' N, 82[deg]35'35'' W
27[deg]18'23'' N, 82[deg]35'48'' W

    (c) Race Area. The race area is established within the following 
positions (All coordinates referenced use datum: NAD 83):

27[deg]16'30'' N, 82[deg]35'17'' W
27[deg]16'30'' N, 82[deg]35'02'' W
27[deg]18'17'' N, 82[deg]34'45'' W
27[deg]18'53'' N, 82[deg]35'01'' W
27[deg]18'47'' N, 82[deg]35'39'' W

    (d) Special local regulations. (1) The regulated area as defined in 
paragraph (a) is an idle speed, ``no wake'' zone.
    (2) Vessels may transit but may not loiter within the regulated 
area as defined in paragraph (a), but may not transit within 1,000 feet 
of the race area as defined in paragraph (c).
    (3) Anchoring for spectators will be permitted within the spectator 
area only as defined in paragraph (b).
    (4) All vessel traffic not involved with the Suncoast Offshore 
Grand Prix, entering and exiting New Pass between 10 a.m. and 5 p.m. 
EDT must exit at New Pass Channel day beacon 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, taking action to avoid a close-quarters situation until 
finally past and clear of the racecourse. All coordinates referenced 
use datum: NAD 83.
    (5) 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

[[Page 38520]]

avoid a close-quarters situation until finally past and clear of the 
racecourse.
    (6) Entry within the race area as defined in paragraph (c) is 
prohibited for all vessels not officially registered with the sponsor 
and displaying colored pennants to aid in their identification.
    (e) Effective Period. This section will be enforced from 10 a.m. 
until 5 p.m. EDT, Sunday, July 2, 2006.

    Dated: June 20, 2006.
D.W. Kunkel,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
 [FR Doc. E6-10584 Filed 7-6-06; 8:45 am]
BILLING CODE 4910-15-P