[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Rules and Regulations]
[Pages 28502-28503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13998]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD07-96-005]
RIN 2115-AE46


Special Local Regulations: Fort Myers Beach Offshore Grand Prix; 
Fort Myers Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent special local 
regulations for the Fort Myers Offshore Grand Prix. This event will be 
held annually during the first Saturday and Sunday of June, between 12 
p.m. and 3 p.m. (Eastern Daylight Time). Historically, there have been 
approximately 170 participant and spectator craft. The resulting 
congestion of navigable channels creates an extra or unusual hazard in 
the navigable waters. These regulations are necessary to provide for 
the safety of life on navigable waters during the event.

EFFECTIVE DATE: July 5, 1996.

FOR FURTHER INFORMATION CONTACT: LTJG T. Stuhlreyer, project officer, 
Coast Guard Group St. Petersburg, FL at (813) 824-7533.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On March 20, 1996, the Coast Guard published a notice of proposed 
rulemaking entitled [CGD07-96-005] in the Federal Register (61 FR 
11354). The Coast Guard received no written or oral comments during the 
proposed rulemaking comment period. A public hearing was not requested 
and one was not held.

Discussion of Regulations

    These regulations are needed to provide for the safety of life 
during the Fort Myers Beach Offshore Grand Prix. These regulations are 
intended to promote safe navigation on the waters off Fort Myers Beach 
during the races by controlling the traffic entering, exiting, and 
traveling within these waters. The anticipated concentration of 
spectator and participant vessels associated with the Grand Prix poses 
a safety concern, which is addressed in these special local 
regulations. These regulations will not permit anchoring shoreward of 
the shoreside legs of the racecourse, from 11 a.m. to 3 p.m., on the 
first Saturday and Sunday of June. Spectator craft will be permitted 
near the race area but will be required to stay clear of the race 
lanes. These regulations will permit anchoring for spectators seaward 
of the seaside legs of the racecourse, but only in the designated 
spectator area defined in paragraph (b) of the regulations. All vessel 
traffic, not involved with the Fort Myers Beach Offshore Grand Prix, 
exiting Matanzas Pass between 11 a.m. and 3 p.m. will exit the marked 
channel at Matanzas Pass Channel daybeacon #3 (26 deg.25.9' N, 
82 deg.58.2' W, LLNR 16365) and #4 (26 deg.26.1' N, 82 deg.57.8' W, 
LLNR 16370), and will proceed in a southwesterly direction seaward of 
the designated spectator area defined in paragraph (b) of these 
regulations, taking action to avoid a close-quarters situation until 
the vessel finally is past and clear of the racecourse. All coordinates 
referenced use datum: NAD 83. All vessel traffic, not involved with the 
Fort Myers Beach Offshore Grand Prix, exiting Big Carlos Pass between 
11 a.m. and 3 p.m. will proceed in a southwesterly direction seaward of 
the designated spectator area defined in paragraph (b) of these 
regulations, taking action to avoid a close-quarters situation until 
finally past and clear of the racecourse.

Regulatory Evaluation

    This rule is not a significant regulatory action under Section 3(f) 
of the Executive Order 12866 and does not require an assessment of the 
potential costs and benefits under Section 6(a)(3) of that Order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
These regulations will last for only 4 hours each day of the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this action will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under Section 3 of the Small Business Act 
(15 U.S.C. 632).
    For reasons set forth in the above Regulatory Evaluation, the Coast 
Guard certifies that this action will not have a significant economic 
impact on a substantial number of small entities.

Collection of Information

    These regulations contain no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the rulemaking does not have sufficient Federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action and has concluded that preparation of an Environmental Impact 
Statement is not necessary. An Environmental Assessment and Finding of 
No Significant Impact are available in the docket for inspection or 
copying. The

[[Page 28503]]

Coast Guard has concluded that this action will not significantly 
affect the quality of the human environment.

List of Subjects in 33 CFR Part 100

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

Proposed Regulations

    For reasons set out in the preamble, the Coast Guard amends 33 CFR 
Part 100 as follows:

PART 100--[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A new section 100.717 is added to read as follows:


Sec. 100.717  Annual Fort Myers Beach Offshore Grand Prix; Fort Myers, 
FL.

    (a) Regulated Area. The regulated area is formed by a line drawn 
from the start/finish position, at the Fort Myers Beach pier 
(26 deg.28.07' N, 81 deg.58.30' W), thence to position 26 deg.26.08' N, 
81 deg.55.29' W, thence to position 26 deg.24.76' N, 81 deg.54.68' W, 
thence to position 26 deg.23.74' N, 81 deg.55.10' W, thence to position 
26 deg.23.91' N, 81 deg.55.40' W, thence to position 26 deg.24.94' N, 
81 deg.55.24' W, thence to position 26 deg.26.93' N, 81 deg.58.53' W, 
thence to position 26 deg.27.32' N, 81 deg.58.16' W, thence back to the 
start/finish position, at the Fort Myers Beach pier (26 deg.28.07, 
81 deg.58.30' W). All coordinates referenced use datum: NAD 83.
    (b) Special local regulations. (1) No vessel may anchor shoreward 
of the shoreside boundaries of the regulated area, from 11 a.m. to 3 
p.m. edt.
    (2) Spectator craft will be permitted to anchor seaward of the 
seaside boundaries of the regulated area, in the spectator area formed 
by a line drawn from the position 29 deg.26.54' N, 81 deg.58.12' W, 
thence to position 28 deg.25.06' N, 81 deg.55.42' W, thence to position 
26 deg.24.45' N, 81 deg.55.50' W, thence to position 26 deg.26.54' N, 
81 deg.58.30' W, thence back to position 29 deg.26.54' N, 81 deg.58.12' 
W, and in the spectator area formed by a line drawn from the position 
26 deg.25.06' N, 81 deg.54.18' W, thence to position 26 deg.23.47' N, 
81 deg.54.00' W, thence to position 25 deg.24.05' N, 81 deg.54.47' W, 
thence back to position 26 deg.25.06' N, 81 deg.54.18' W. All 
coordinates referenced use datum: NAD 83.
    (3) All vessel traffic, not involved with the Fort Myers Beach 
Offshore Grand Prix, exiting Matanzas Pass between 11 a.m. and 3 p.m. 
will exit the marked channel at Matanzas Pass Channel daybeacon #3 
(26 deg.25.9' N, 82 deg.58.2' W, LLNR 16365) and #4 (26 deg.26.1' N, 
82 deg.57.8' W, LLNR 16370), and shall proceed in a southwesterly 
direction seaward of the spectator area defined in paragraph (b)(2) of 
this section, 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 Fort Myers Beach 
Offshore Grand Prix, exiting Big Carlos Pass between 11 a.m. and 3 p.m. 
edt will exit the pass in a southwesterly direction seaward of the 
spectator area defined in paragraph (b)(2) of this section, taking 
action to avoid a close-quarters situation with the spectator craft 
until finally past and clear of the racecourse. All coordinates 
referenced use datum: NAD 83.
    (5) Entry into the regulated area shall be in accordance with this 
regulation. Spectator vessels shall stay seaward of the seaside legs of 
the racecourse at all times in the spectator areas defined in paragraph 
(b)(2) of this section.
    (c) Effective Dates. This section is effective at 11 a.m. and 
terminates at 3 p.m. edt annually during the first Saturday and Sunday 
of June.

    Dated: May 22, 1996.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 96-13998 Filed 6-4-96; 8:45 am]
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