Special Local Regulations: Suncoast Offshore Grand Prix; Gulf of Mexico, Sarasota, FL, 38517-38520 [E6-10584]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules and Regulations
cprice-sewell on PROD1PC66 with RULES
SUMMARY: This action amends VOR
Federal Airway V–431, Alaska.
Specifically, the FAA is re-designating
V–431 as V–593 because the V–431
designation is a duplicate number in the
National Airspace System (NAS) and is
causing problems with the Flight Data
processors during route validation at the
Anchorage Air Route Traffic Control
Center.
DATES: Effective Date: 0901 UTC,
September 28, 2006.
FOR FURTHER INFORMATION CONTACT: Ken
McElroy, Airspace and Rules, Office of
System Operations and Safety, Federal
Aviation Administration, 800
Independence Avenue, SW.,
Washington, DC 20591; telephone: (202)
267–8783.
SUPPLEMENTARY INFORMATION:
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 71 by
re-designating V–431 as V–593 because
the V–431 designation is duplicated in
the NAS and causes problems with the
Flight Data processors during route
validation at Anchorage Air Route
Traffic Control Center. The route
number change will coincide with the
effective date of this rulemaking action.
Since this action merely involves
editorial change in the route number of
the legal description of a Federal
Airway, and does not involve a change
in the dimensions or operating
requirements of that airway, notice and
public procedure under 5 U.S.C. 553(b)
are unnecessary.
Alaskan VOR Federal Airways are
published in paragraph 6010(b) of FAA
Order 7400.9O dated September 1, 2006,
and effective September 16, 2006, which
is incorporated by reference in 14 CFR
71.1. The Federal Airways listed in this
document will be published
subsequently in the Order.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this proposed rule, when
promulgated, will not have a significant
economic impact on a substantial
VerDate Aug<31>2005
15:33 Jul 06, 2006
Jkt 208001
number of small entities under the
criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
I
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9O,
Airspace Designations and Reporting
Points, dated September 1, 2006, and
effective September 16, 2006, is
amended as follows:
I
ACTION:
38517
Final rule; correction.
SUMMARY: This document makes a
correction to the final rule published in
the Federal Register on June 21, 2006
(71 FR 35760). That rule changed the
airman medical certification standards
to disqualify an airman based on an
alcohol test result of 0.04 or greater
breath alcohol concentration (BAC) or a
refusal to take a drug or alcohol test
required by the Department of
Transportation (DOT) or a DOT agency.
DATES: These amendments become
effective July 21, 2006.
FOR FURTHER INFORMATION CONTACT:
Sherry M. de Vries, (202) 267–8693.
Correction
In the final rule FR Doc. E6–9814, on
page 35765, correct the second
paragraph from the bottom of the second
column to read as follows:
Appendix J to Part 121 [Corrected]
22. Amend section V of Appendix J to
Part 121 by revising paragraph D.1 to
read as follows and removing and
reserving paragraph D.2:
I
V–593 [New]
From Sisters Island, AK, INT Sisters Island
204° and Biorka Island 355° radials; Biorka
Island, AK.
D. Notice of Refusals
1. Each covered employer must notify the
FAA within 2 working days of any employee
who holds a certificate issued under part 61,
part 63, or part 65 of this chapter who has
refused to submit to a drug test required
under this appendix. Notification must be
sent to: Federal Aviation Administration,
Office of Aerospace Medicine, Drug
Abatement Division (AAM–800), 800
Independence Avenue, SW., Washington, DC
20591, or by fax to (202) 267–5200.
*
*
Paragraph 6010(b))
Airways.
*
*
*
Alaskan VOR Federal
*
*
*
*
V–431 [Remove]
*
*
*
*
*
*
*
*
*
*
*
Issued in Washington, DC, on June 29,
2006.
Edith V. Parish,
Manager, Airspace and Rules.
[FR Doc. E6–10676 Filed 7–6–06; 8:45 am]
Issued in Washington, DC, on June 30,
2006.
Brenda D. Courtney,
Acting Director, Office of Rulemaking.
[FR Doc. E6–10588 Filed 7–6–06; 8:45 am]
BILLING CODE 4910–13–P
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
DEPARTMENT OF HOMELAND
SECURITY
14 CFR Part 121
Coast Guard
[Docket No.: FAA–2004–19835: Amendment
No. 61–114, 63–34, 65–47, 67–19, 91–291,
121–325, 135–105]
33 CFR Part 100
[CGD 07–06–107]
RIN 1625–AA08
RIN 2120–AH82
Disqualification for Airman and Airman
Medical Certificate Holders Based on
Alcohol Violations or Refusals to
Submit to Drug and Alcohol Testing;
Correction
Federal Aviation
Administration (FAA), DOT.
AGENCY:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
Special Local Regulations: Suncoast
Offshore Grand Prix; Gulf of Mexico,
Sarasota, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: This rule temporarily
suspends the permanent special local
E:\FR\FM\07JYR1.SGM
07JYR1
38518
Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules and Regulations
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.
This rule is effective from 10
a.m. until 5 p.m. on July 2, 2006.
DATES:
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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Jennifer
Andrew at Coast Guard Sector St.
Petersburg, Prevention Department,
(813) 228–2191, Ext. 8307.
SUPPLEMENTARY INFORMATION:
cprice-sewell on PROD1PC66 with RULES
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.
VerDate Aug<31>2005
15:33 Jul 06, 2006
Jkt 208001
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.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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
E:\FR\FM\07JYR1.SGM
07JYR1
Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules and Regulations
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.
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
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.
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.
Energy Effects
List of Subjects in 33 CFR Part 100
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.
cprice-sewell on PROD1PC66 with RULES
Indian Tribal Governments
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
15:33 Jul 06, 2006
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
I
PART 100—MARINE EVENTS &
REGATTAS
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
§ 100.719
[Suspended]
2. From 10 a.m. until 5 p.m. on
Sunday, July 2, 2006, suspend
§ 100.719.
I
The National Technology Transfer
and Advancement Act (NTTAA) (15
VerDate Aug<31>2005
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
Jkt 208001
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
§ 100.720
38519
[Suspended]
3. From 10 a.m. until 5 p.m. on
Sunday, July 2, 2006, suspend
§ 100.720.
I 4. From 10 a.m. until 5 p.m. on
Sunday, July 2, 2006, add a new
temporary § 100.T07–107 to read as
follows:
I
§ 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°19′47″ N, 82°35′28″ W
27°19′47″ N, 82°36′23″ W
27°15′39″ N, 82°36′23″ W
27°15′39″ N, 82°32′43″ W
27°17′53″ N, 82°33′59″ W
27°19′47″ N, 82°35′28″ W
(b) Spectator Area. The spectator area
is established within the following
positions (All coordinates referenced
use datum: NAD 83):
27°18′19″ N, 82°36′13″ W
27°16′53″ N, 82°35′58″ W
27°16′56″ N, 82°35′35″ W
27°18′23″ N, 82°35′48″ W
(c) Race Area. The race area is
established within the following
positions (All coordinates referenced
use datum: NAD 83):
27°16′30″ N, 82°35′17″ W
27°16′30″ N, 82°35′02″ W
27°18′17″ N, 82°34′45″ W
27°18′53″ N, 82°35′01″ W
27°18′47″ N, 82°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°26′28″ N, 82°41′42″ W, LLNR 18100)
and #4 (27°26′24″ N, 82°41′41″ W, LLNR
18105), and must proceed in a northerly
direction, taking action to avoid a closequarters 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
E:\FR\FM\07JYR1.SGM
07JYR1
38520
Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules and Regulations
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.
Regulatory Information
On May 1, 2006, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations for
Marine Events; Pamlico River,
Washington, NC in the Federal Register
(71 FR 25523). We received no letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
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]
Background and Purpose
On August 4 and August 6, 2006,
Super Boat International Productions
will sponsor the ‘‘SBIP—Fountain
Powerboats Kilo Run and Super Boat
Grand Prix’’, on the Pamlico River, near
Washington, North Carolina. The event
will consist of approximately 40 highspeed powerboats racing in heats along
a 5-mile oval course on August 4 and 6,
2006. Preliminary speed trials along a
straight one-kilometer course will be
conducted on August 4, 2006.
Approximately 20 boats will participate
in the speed trials. Approximately 100
spectator vessels will gather nearby to
view the speed trials and the race. If
either the speed trials or races are
postponed due to weather, they will be
held the next day. During the speed
trials and the races, vessel traffic will be
temporarily restricted to provide for the
safety of participants, spectators and
transiting vessels.
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–06–033]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Pamlico River, Washington,
NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
cprice-sewell on PROD1PC66 with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing temporary special local
regulations for the ‘‘SBIP—Fountain
Powerboats Kilo Run and Super Boat
Grand Prix’’, a marine event to be held
August 4 and August 6, 2006, on the
waters of the Pamlico River, near
Washington, North Carolina. These
special local regulations are necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in portions of the Pamlico River
during the event.
DATES: This rule is effective from 6:30
a.m. on August 4, 2006 to 4:30 p.m. on
August 6, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket (CGD05–06–
033) and are available for inspection or
copying at Commander (dpi), Fifth
Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704–
5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Dennis Sens, Project Manager,
Inspections and Investigations Branch,
at (757) 398–6204.
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
15:33 Jul 06, 2006
Jkt 208001
Discussion of Comments and Changes
The Coast Guard did not receive
comments in response to the notice of
proposed rulemaking (NPRM) published
in the Federal Register. Accordingly,
the Coast Guard is establishing
temporary special local regulations on
specified waters of the Pamlico River,
Washington, North Carolina.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866 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 temporary rule to be so minimal
that a full Regulatory Evaluation under
the regulatory policies and procedures
of DHS is unnecessary.
Although this regulation prevents
traffic from transiting a portion of the
Pamlico River, near Washington, North
Carolina during the event, the effect of
this regulation will not be significant
due to the limited duration that the
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
regulated area will be in effect and the
extensive advance notifications that will
be made to the maritime community via
marine information broadcasts, local
commercial radio stations and area
newspapers so mariners can adjust their
plans accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we 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 will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit this section
of the Pamlico River, Washington, North
Carolina during the event.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. This rule will be
enforced for only a short period, from
6:30 a.m. to 12:30 p.m. on August 4,
2006, and from 10:30 a.m. to 4:30 p.m.
on August 6, 2006. Affected waterway
users may pass safely around the
regulated area with approval from the
patrol commander. Before the
enforcement period, we will issue
maritime advisories so mariners can
adjust their plans accordingly.
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 process.
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).
E:\FR\FM\07JYR1.SGM
07JYR1
]]>Agencies
[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Rules and Regulations]
[Pages 38517-38520]
From the Federal Register Online via the Government Printing 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
