[Federal Register Volume 62, Number 94 (Thursday, May 15, 1997)]
[Rules and Regulations]
[Pages 26744-26745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12791]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD07-97-010]
RIN 2115-AE46
Special Local Regulations: Fort Myers Beach, FL
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending the permanent special local
regulations for the Fort Myers Beach Offshore Grand Prix. This event,
previously scheduled to be held annually on the first Saturday and
Sunday of June, will now be held annually during the third Saturday and
Sunday of May, between 12 p.m. and 3 p.m. each day (Eastern Daylight
Time). These amended regulations are necessary to provide for the
safety of life on navigable waters during the event.
DATES: Effective: May 15, 1997.
FOR FURTHER INFORMATION CONTACT:
LTJG T. J. Stuhlreyer, Coast Guard Group St. Petersburg, FL at (813)
824-7533.
SUPPLEMENTARY INFORMATION:
Regulatory History
The amended regulations were published in the Federal Register as a
Notice of Proposed Rulemaking on April 7, 1997 (62 FR 16513). No
comments were received during the 30 day comment period.
Background and Purpose
The amended regulations are required to provide for the safety of
life during the Fort Myers Beach Offshore Grand Prix because of the
permanent change in the date of the event from the first Saturday and
Sunday in June to the third Saturday and Sunday in May. There will be
approximately 170 participants and spectator craft. The resulting
congestion of navigable channels on the third weekend in May, vice the
first weekend in June, creates an extra or unusual hazard in the
navigable waters.
In accordance with 5 U.S.C. 553, good cause exists for making these
regulations effective in less than 30 days after Federal Register
publication. Delaying its effective date would be contrary to public
interest since immediate action is needed to minimize potential danger
to the public as the event is scheduled to be held in less than two
weeks.
Discussion of Regulations
The amended regulations will permanently change the date of the
Special Local Regulations for the Fort Myers Beach Grand Prix from the
first Saturday and Sunday in June to the third Saturday and Sunday in
May.
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. The proposed
amended regulation would remain in effect for only 4 hours each day for
two days.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule 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).
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, as the regulations will be in effect for only
[[Page 26745]]
four hours on two separate days each year.
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 determined pursuant to section 2.B.2.e. (34)(h) of
Commandant Instruction M16475.1B, that this action is categorically
excluded from further environmental documentation.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Final Regulations
In consideration of the foregoing, the Coast Guard amends part 100
of Title 33, Code of Federal Regulations, 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.
2. In Sec. 100.717, paragraph (c) is revised to read as follows:
Sec. 100.717 Special Local Regulations; Fort Myers Beach, FL.
* * * * *
(c) Effective dates: This section is effective each day from 11
a.m. through 3 p.m. EDT annually during the third Saturday and Sunday
of May.
Dated: May 7, 1997.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 97-12791 Filed 5-14-97; 8:45 am]
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