Special Local Regulations; Dania Beach/Hollywood Super Boat Race, Dania Beach/Hollywood, FL, 13122-13124 [05-5336]

Download as PDF 13122 Proposed Rules Federal Register Vol. 70, No. 52 Friday, March 18, 2005 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [CGD07–05–015] RIN 1625–AA08 Special Local Regulations; Dania Beach/Hollywood Super Boat Race, Dania Beach/Hollywood, FL Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish a temporary special local regulation for the Dania Beach/ Hollywood Super Boat Race offshore in Dania Beach/Hollywood, Florida. These special local regulations restrict the movement of non-participating vessels and persons in the regulated race area and provide a viewing area for spectator craft. This rule is needed to provide for the safety of life on navigable waters during the event. DATES: Comments and related material must reach the Coast Guard on or before May 17, 2005. ADDRESSES: You may mail comments and related material to: Commander, Coast Guard Sector Miami, 100 MacArthur Causeway, Miami Beach, Fl 33139 Attn: BMC R. Terrell or BMC D. Vaughn. Sector Miami Deck/ATON 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 Sector Miami, 100 MacArthur Causeway, Miami Beach, Florida between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Boatswain’s Mate Chief Richard Terrell or Boatswain’s Mate Chief Daniel Vaughn, at (305) 535–4317. SUMMARY: VerDate jul<14>2003 15:20 Mar 17, 2005 Jkt 205001 SUPPLEMENTARY INFORMATION: Discussion of Proposed Rule Request for Comments This rule creates two regulated areas, a regulated race area and a regulated viewing area (regulated areas). These regulated areas provide for the safety of life on navigable waters and minimize the dangers associated with powerboat races. These dangers include race craft traveling at high speeds in close proximity to race participants, spectator craft. This regulation keeps event participants, spectator craft and recreational vessels at a safe distance from one another. 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 CGD07–05–015, 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 81⁄2 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 Commander, U.S. Coast Guard Sector Miami 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 Super Boat International Productions Inc. is sponsoring a high-speed power boat race event on July 17, 2005, from 10 a.m. until 5 p.m. in the Atlantic Ocean offshore from Dania Beach/ Hollywood, Florida. The race organizers anticipate 35 race participants and 100 spectator craft. The event will take place outside of the marked channel and will not interfere with commercial shipping. Recreational and fishing vessels normally operate in the area that will be affected by the establishment of a special local regulation. This rule is required to provide for the safety of life on navigable waters, due to the dangers associated with power boat races. The proposed rule prohibits nonparticipating vessels and persons from entering the regulated race areas during the event. A Coast Guard Patrol Commander will be present during the event to monitor compliance with this regulation. PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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 rule affects a limited area offshore of Dania Beach/ Hollywood, Florida and will be effective for only 7 hours on July 17, 2005, specifically from 10 a.m. until 5 p.m. 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 rule may affect the following entities, some of which may be small entities: the owners or operators of vessels intending to transit or anchor in a portion of the Atlantic E:\FR\FM\18MRP1.SGM 18MRP1 Federal Register / Vol. 70, No. 52 / Friday, March 18, 2005 / Proposed Rules Ocean near Dania Beach/Hollywood, Florida from 10 a.m. until 5 p.m. on July 17, 2005. The Coast Guard certifies under U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities, because this rule would be in effect for only 7 hours. The rule also regulates a small area, and commercial and recreational vessels may be allowed to transit through the zone between races with permission of the Coast Guard Patrol Commander. Moreover, all vessel traffic can pass safely around the regulated areas. Before the effective period, we will issue maritime advisories over VHF–FM radio to allow the maritime community to plan accordingly. If you think 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 (Pub. L. 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 listed under FOR FURTHER INFORMATION CONTACT for assistance in understanding and participating in this rulemaking. 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. VerDate jul<14>2003 15:20 Mar 17, 2005 Jkt 205001 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 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 13123 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.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 should be categorically excluded, under figure 2–1, paragraph (34)(h), of the Instruction, from further environmental documentation because this regulation is a special local regulation issued in conjunction with an organized water event of limited duration. Under Figure 2–1, Paragraph 34(h), an ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ are not required for this rule. Comments on this section will be considered before we make the final decision on whether the rule should be categorically excluded 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: E:\FR\FM\18MRP1.SGM 18MRP1 13124 Federal Register / Vol. 70, No. 52 / Friday, March 18, 2005 / Proposed Rules PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS ENVIRONMENTAL PROTECTION AGENCY 1. The authority citation for part 100 continues to read as follows: 40 CFR Part 52 Authority: 33 U.S.C. 1233; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 100.35T–07–021 to read as follows: § 100.35T–07–021 Dania Beach/Hollywood Super Boat Race; Dania Beach/Hollywood, Florida. (a) Definitions. (1) Regulated race area. The regulated race area encompasses all waters located inside of a line connecting the following positions offshore of Dania Beach/ Hollywood, Florida: Point 1: 26°03′41″ N, 080°05′01″ W Point 2: 26°03′41″ N, 080°06′23″ W Point 3: 26°00′07″ N, 080°05′36″ W Point 4: 26°00′10″ N, 080°06′50″ W All coordinates referenced use Datum: NAD 1983. (2) Regulated viewing area. The regulated viewing area for spectator craft encompasses all waters located within a line connecting the following positions offshore Dania Beach/ Hollywood, Florida; Point 1: 26°03′41″ N, 080°05′30″ W Point 2: 26°03′41″ N, 080°05′01″ W Point 3: 26°00′07″ N, 080°05′56″ W Point 4: 26°00′07″ N, 080°05′36″ W All coordinates referenced use Datum NAD: 1983. (3) Coast Guard Patrol Commander. The Coast Guard Patrol Commander is a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commanding Officer, Coast Guard Sector Miami, Florida. (b) Special Local Regulations. Vessels and persons are prohibited from entering the regulated race area, unless they are race participants or authorized by the Coast Guard Patrol Commander. Spectator craft may enter the regulated viewing area upon authorization of the Coast Guard Patrol Commander. If entry is authorized, all persons must follow the instructions of the Coast Guard Patrol Commander. (c) Effective Period: This rule is effective from 10 a.m. until 5 p.m. on July 17, 2005. Dated: March 3, 2005. W.E. Justice, Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard District. [FR Doc. 05–5336 Filed 3–17–05; 8:45 am] BILLING CODE 4910–15–P VerDate jul<14>2003 15:20 Mar 17, 2005 Jkt 205001 [R05–OAR–2005–OH–0001; FRL–7886–8] Approval and Promulgation of Implementation Plans; Ohio Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve Ohio’s March 1, 2005, submittal of a revision to the Clinton County 1-Hour ozone maintenance plan under the Clean Air Act. This maintenance plan revision establishes a new transportation conformity motor vehicle emissions budget (MVEB) for the area for the year 2006. EPA is proposing to approve the allocation of a portion of the safety margin for oxides of nitrogen (NOX) to the area’s 2006 MVEB for transportation conformity purposes. This allocation will still maintain the total emissions for the area at or below the attainment level required by the transportation conformity regulations. The transportation conformity budget for volatile organic compounds will remain the same as previously approved in the maintenance plan. In this action, EPA is also correcting the codification for a previous approval action for Cincinnati, Ohio. In the final rules section of this Federal Register, EPA is approving the SIP revision as a direct final rule without prior proposal, because EPA views this as a noncontroversial revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If we do not receive any adverse comments in response to these direct final and proposed rules, we do not contemplate taking any further action in relation to this proposed rule. If EPA receives adverse comments, we will withdraw the direct final rule and will respond to all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. DATES: Written comments must be received on or before April 18, 2005. ADDRESSES: Submit comments, identified by Regional Material in EDocket (RME) ID No. R05–OAR–2005– OH–0001 by one of the following methods: Federal eRulemaking Portal: https://www.regulations.gov. Follow the on-line instructions for submitting comments. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 Agency Web site: https:// docket.epa.gov/rmepub/. RME, EPA’s electronic public docket and comment system, is EPA’s preferred method for receiving comments. Once in the system, select ‘‘quick search,’’ then key in the appropriate RME Docket identification number. Follow the online instructions for submitting comments. E-mail: mooney.john@epa.gov. Fax: (312) 886–5824. Mail: You may send written comments to: John Mooney, Chief, Criteria Pollutant Section, (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Hand delivery: Deliver your comments to: John Mooney, Chief, Criteria Pollutant Section (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. Instructions: Direct your comments to RME ID No. R05–OAR–2005–OH–0001. EPA’s policy is that all comments received will be included in the public docket without change, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through RME, regulations.gov, or e-mail. The EPA RME Web site and the Federal regulations.gov Web site are ‘‘anonymous access’’ systems, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through RME or regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional instructions on E:\FR\FM\18MRP1.SGM 18MRP1

Agencies

[Federal Register Volume 70, Number 52 (Friday, March 18, 2005)]
[Proposed Rules]
[Pages 13122-13124]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5336]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 70, No. 52 / Friday, March 18, 2005 / 
Proposed Rules

[[Page 13122]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-05-015]
RIN 1625-AA08


Special Local Regulations; Dania Beach/Hollywood Super Boat Race, 
Dania Beach/Hollywood, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary special 
local regulation for the Dania Beach/Hollywood Super Boat Race offshore 
in Dania Beach/Hollywood, Florida. These special local regulations 
restrict the movement of non-participating vessels and persons in the 
regulated race area and provide a viewing area for spectator craft. 
This rule is needed to provide for the safety of life on navigable 
waters during the event.

DATES: Comments and related material must reach the Coast Guard on or 
before May 17, 2005.

ADDRESSES: You may mail comments and related material to: Commander, 
Coast Guard Sector Miami, 100 MacArthur Causeway, Miami Beach, Fl 33139 
Attn: BMC R. Terrell or BMC D. Vaughn. Sector Miami Deck/ATON 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 Sector Miami, 100 
MacArthur Causeway, Miami Beach, Florida between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Boatswain's Mate Chief Richard Terrell 
or Boatswain's Mate Chief Daniel Vaughn, at (305) 535-4317.

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 CGD07-05-
015, 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 Commander, U.S. Coast Guard Sector 
Miami 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

    Super Boat International Productions Inc. is sponsoring a high-
speed power boat race event on July 17, 2005, from 10 a.m. until 5 p.m. 
in the Atlantic Ocean offshore from Dania Beach/Hollywood, Florida. The 
race organizers anticipate 35 race participants and 100 spectator 
craft. The event will take place outside of the marked channel and will 
not interfere with commercial shipping. Recreational and fishing 
vessels normally operate in the area that will be affected by the 
establishment of a special local regulation. This rule is required to 
provide for the safety of life on navigable waters, due to the dangers 
associated with power boat races. The proposed rule prohibits non-
participating vessels and persons from entering the regulated race 
areas during the event. A Coast Guard Patrol Commander will be present 
during the event to monitor compliance with this regulation.

Discussion of Proposed Rule

    This rule creates two regulated areas, a regulated race area and a 
regulated viewing area (regulated areas). These regulated areas provide 
for the safety of life on navigable waters and minimize the dangers 
associated with powerboat races. These dangers include race craft 
traveling at high speeds in close proximity to race participants, 
spectator craft. This regulation keeps event participants, spectator 
craft and recreational vessels at a safe distance from one another.

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 rule affects a limited area offshore of Dania Beach/
Hollywood, Florida and will be effective for only 7 hours on July 17, 
2005, specifically from 10 a.m. until 5 p.m.

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 rule may affect the following entities, 
some of which may be small entities: the owners or operators of vessels 
intending to transit or anchor in a portion of the Atlantic

[[Page 13123]]

Ocean near Dania Beach/Hollywood, Florida from 10 a.m. until 5 p.m. on 
July 17, 2005. The Coast Guard certifies under U.S.C. 605(b) that this 
rule will not have a significant economic impact on a substantial 
number of small entities, because this rule would be in effect for only 
7 hours. The rule also regulates a small area, and commercial and 
recreational vessels may be allowed to transit through the zone between 
races with permission of the Coast Guard Patrol Commander. Moreover, 
all vessel traffic can pass safely around the regulated areas. Before 
the effective period, we will issue maritime advisories over VHF-FM 
radio to allow the maritime community to plan accordingly.
    If you think 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 (Pub. L. 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 listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding and 
participating in this rulemaking. 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.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 should be categorically excluded, 
under figure 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation because this regulation is a special local 
regulation issued in conjunction with an organized water event of 
limited duration. Under Figure 2-1, Paragraph 34(h), an ``Environmental 
Analysis Check List'' and a final ``Categorical Exclusion 
Determination'' are not required for this rule. Comments on this 
section will be considered before we make the final decision on whether 
the rule should be categorically excluded 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:

[[Page 13124]]

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.

    2. Add temporary Sec.  100.35T-07-021 to read as follows:


Sec.  100.35T-07-021  Dania Beach/Hollywood Super Boat Race; Dania 
Beach/Hollywood, Florida.

    (a) Definitions. (1) Regulated race area. The regulated race area 
encompasses all waters located inside of a line connecting the 
following positions offshore of Dania Beach/Hollywood, Florida:

Point 1: 26[deg]03'41'' N, 080[deg]05'01'' W
Point 2: 26[deg]03'41'' N, 080[deg]06'23'' W
Point 3: 26[deg]00'07'' N, 080[deg]05'36'' W
Point 4: 26[deg]00'10'' N, 080[deg]06'50'' W

    All coordinates referenced use Datum: NAD 1983.
    (2) Regulated viewing area. The regulated viewing area for 
spectator craft encompasses all waters located within a line connecting 
the following positions offshore Dania Beach/Hollywood, Florida;

Point 1: 26[deg]03'41'' N, 080[deg]05'30'' W
Point 2: 26[deg]03'41'' N, 080[deg]05'01'' W
Point 3: 26[deg]00'07'' N, 080[deg]05'56'' W
Point 4: 26[deg]00'07'' N, 080[deg]05'36'' W

    All coordinates referenced use Datum NAD: 1983.
    (3) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commanding Officer, Coast Guard Sector Miami, 
Florida.
    (b) Special Local Regulations. Vessels and persons are prohibited 
from entering the regulated race area, unless they are race 
participants or authorized by the Coast Guard Patrol Commander. 
Spectator craft may enter the regulated viewing area upon authorization 
of the Coast Guard Patrol Commander. If entry is authorized, all 
persons must follow the instructions of the Coast Guard Patrol 
Commander.
    (c) Effective Period: This rule is effective from 10 a.m. until 5 
p.m. on July 17, 2005.

    Dated: March 3, 2005.
W.E. Justice,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 05-5336 Filed 3-17-05; 8:45 am]
BILLING CODE 4910-15-P
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