Special Local Regulations; Fort Myers Beach, FL

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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend 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: Comments must be received on or before May 1, 1997.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Group St.

Petersburg, 600 8th Ave. SE., St. Petersburg, Florida 33701-5099, or

may be delivered to the Operations Department at the same address

between 8 a.m. and 4 p.m., Monday through Friday, except federal

holidays. The telephone number is (813) 824-7533. Comments will become

a part of the public docket and will be available for copying and

inspection at the same address.

FOR FURTHER INFORMATION CONTACT:

LTJG T.J. Stuhlreyer, Coast Guard Group St. Petersburg, FL at (813)

824-7533.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The proposed regulations are needed 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. The event was previously

held on the first Saturday and Sunday in June, but will now be held

from 12 p.m. EDT to 3 p.m. EDT each day on the third Saturday and

Sunday in May. There will be approximately 170 participants and

spectator craft associated with the event, which will be held off Fort

Myers Beach between Matanzas Pass and Big Carlos Pass. 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.

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written views, data, or arguments.

Persons submitting comments should include their names, addresses,

identify the notice (CGD07-97-010) and the specific section of this

proposal to which their comments apply, and give reasons for each

comment. The Coast Guard will consider all comments received during the

comment period. The regulations may be changed in view of the comments

received. All comments received before the expiration of the comment

period will be considered before final action is taken on this

proposal.

No public hearing is planned, but one may be held if the written

requests for a hearing are received, and it is determined that the

opportunity to make oral presentations will add to the rulemaking

process. Please submit two copies of all comments and attachments in an

unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgement of

receipt should include stamped, self-addressed post cards or envelopes.

Regulatory Evaluation

This proposal 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 proposed rule

to be so minimal that a full Regulatory Evaluation under paragraph 10e

of the regulatory policies and procedures of

[[Page 16514]]

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 proposal 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 under 5 U.S.C. 605(b) that this proposal, if adopted,

would not have a significant economic impact on a substantial number of

small entities.

Collection of Information

These proposed 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

Regattas and marine parades.

Proposed Regulations

In consideration of the foregoing, Part 100 of Title 33, Code of

Federal Regulations, the Coast Guard proposes to be amended as follows:

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

follows:

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

2. In section 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: March 27, 1997.

J.W. Lockwood,

Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard

District.

[FR Doc. 97-8744 Filed 4-4-97; 8:45 am]

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