[Federal Register Volume 70, Number 217 (Thursday, November 10, 2005)]
[Rules and Regulations]
[Pages 68333-68335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22390]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-05-116]
RIN 1625-AA08


Special Local Regulations: Offshore Super Series Boat Race, St. 
Petersburg Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for the Offshore Super Series Boat Race in St. Petersburg 
Beach, Florida, in the vicinity of the Don Cesar Hotel. This event will 
be held November 16th, 17th, 19th, and 20th, 2005 between 11 a.m. and 5 
p.m. EDT (Eastern Daylight Time). Historically, there have been 
approximately 400 participant and spectator craft. The nature of high 
speed boats traveling at speeds in excess of 130 miles per hour 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 from 10:30 a.m. on November 16, 2005 
through 5:30 p.m. on November 20, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD07-05-116] 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 4 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. 8203.

[[Page 68334]]


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 details surrounding the 
final date and location of the Offshore Super Series Boat Race were not 
determined until recently due to the required consults with 
environmental partners and event sponsors. Therefore, we did not have 
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 and 
participants during the Offshore Super Series Boat Race. The Coast 
Guard will issue a broadcast notice to mariners to advise mariners of 
the regulation. Additionally, Coast Guard assets will be on scene and 
they will also provide notice of the regulation to mariners.
    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.

Background and Purpose

    Offshore Super Series Incorporated will sponsor an offshore 
powerboat race on the near-shore waters of St. Petersburg Beach, 
Florida, in the vicinity of the Don Cesar Hotel. The event is scheduled 
for November 16, 17, 19, and 20, 2005 between 11 a.m. and 5 p.m. EDT 
(Eastern Daylight Time). The event will host approximately 50 
participant vessels that travel at speeds in excess of 130 mph and 
approximately 350 spectator craft. This regulation is needed to provide 
for the safety of life on the Navigable waters of the United States 
during the Offshore Super Series Boat Race on the near-shore waters of 
St. Petersburg Beach, Florida, in the vicinity of the Don Cesar Hotel. 
The anticipated concentration of spectator and participant vessels 
associated with the event poses a safety concern, which is addressed in 
this special local regulation.

Discussion of Rule

    This rule includes a regulated area approximately 1,000 feet around 
the racecourse in all directions that prohibits all non-participant 
vessels and persons from entering the regulated area from 10:30 a.m. to 
5:30 p.m. on November 16, 17, 19, and 20, 2005. 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 St. Petersburg Beach, Florida, 
in the vicinity of the Don Cesar Hotel.

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). The Coast Guard expects the impact of this rule to be 
so minimal that a full Regulatory Evaluation under the regulatory 
policies and procedures of DHS is unnecessary because the safety zone 
will only be in effect for a limited period of time. Moreover, vessels 
may enter with the express permission of the Captain of the Port of St. 
Petersburg or his designated representative.

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 or operators of vessels intending to 
transit the near-shore waters of St. Petersburg Beach, Florida, in the 
vicinity of the Don Cesar Hotel from 10:30 a.m. to 5:30 p.m. on 
November 16, 17, 19, and 20, 2005. This regulated area will not have a 
significant economic impact on a substantial number of small entities 
as this rule will be in effect for a limited period of time in an area 
where vessel traffic is extremely low. Additionally, vessel traffic may 
be allowed to enter the regulated area with the expressed permission of 
the Captain of the Port of St. Petersburg or his designated 
representative.

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 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.

[[Page 68335]]

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. 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 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.


0
2. A new temporary section 100.35T-07-116 is added to read as follows:


Sec.  100.35T-07-116  Offshore Super Series Boat Race; St. Petersburg 
Beach, FL.

    (a) Regulated Area. The regulated area for the Offshore Super 
Series Boat Race encompasses all waters of St. Petersburg Beach, 
Florida in the vicinity of the Don Cesar Hotel, located within a line 
connecting the following points (NAD 83):
1: 27[deg]43'26'' N, 82[deg]44'35'' W;
2: 27[deg]43'37'' N, 82[deg]46'03'' W;
3: 27[deg]43'12'' N, 82[deg]46'12'' W;
4: 27[deg]41'27'' N, 82[deg]45'32'' W.
5: 27[deg]41'14'' N, 82[deg]44'20'' W; along the contour of the shore 
and returning to point 1.

    (b) Special local Regulations. Non-participant vessels and persons 
are prohibited from entering the Regulated Area as defined in paragraph 
(a) unless authorized by the Coast Guard Patrol Commander or their 
designated representative.
    (c) Enforcement Period. This rule will be enforced from 10:30 a.m. 
to 5:30 p.m. on November 16, 17, 19, and 20, 2005.
    (d) Effective Period. This rule is effective from 10:30 a.m. on 
November 16, 2005 through 5:30 p.m. on November 20, 2005.

    Dated: October 28, 2005.
D. B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 05-22390 Filed 11-9-05; 8:45 am]
BILLING CODE 4910-15-P