[Federal Register: July 26, 2005 (Volume 70, Number 142)]
[Rules and Regulations]
[Page 43050-43052]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy05-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-05-078]
RIN 1625-AA08
Special Local Regulations for Marine Events; Mill Creek, Fort
Monroe, Hampton, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations during the ``Hampton Cup Regatta'' boat races, a marine
event to be held August 12, 13 and 14, 2005, on the waters of Mill
Creek, near Fort Monroe, Hampton, Virginia. 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 Mill Creek during the event.
DATES: This rule is effective from 7:30 a.m. on August 12, 2005 through
6:30 p.m. on August 14, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD05-05-078 and are available for
inspection or copying at Commander (oax), Fifth
[[Page 43051]]
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: Master Chief Preston Trower, Marine
Events Coordinator, Commander, Coast Guard Sector Hampton Roads, at
(757) 638-2671.
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. Publishing an NPRM would be
contrary to public interest. The event will begin on August 12, 2005.
Because of the danger posed by high-speed powerboats racing in a closed
circuit, special local regulations are necessary to provide for the
safety of event participants, spectator craft and other vessels
transiting the event area. For the safety concerns noted, it is in the
public interest to have these regulations in effect during the event.
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. Delaying the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the safety of the event participants, spectator craft and other
vessels transiting the event area in Mill Creek. However, advance
notifications will be made to affected users of the river via marine
information broadcasts and area newspapers.
Background and Purpose
On August 12, 13 and 14, 2005, the American Power Boat Association
will sanction the ``Hampton Cup Regatta'' powerboat races, on Mill
Creek, near Fort Monroe, Hampton, Virginia. The event will consist of
approximately 100 hydroplanes and jersey speed skiffs racing in heats
counter-clockwise around an oval racecourse. A fleet of spectator
vessels is anticipated. Due to the need for vessel control during the
races, vessel traffic will be temporarily restricted to provide for the
safety of participants, spectators and transiting vessels.
Discussion of Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of Mill Creek near Fort Monroe, Hampton, Virginia.
The temporary special local regulations will be enforced from 7:30 a.m.
to 6:30 p.m. on August 12, August 13, and August 14, 2005. The effect
of the temporary special local regulations will be to restrict general
navigation in the regulated area during the races. Except for persons
or vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remain in the regulated area. Non-participating
vessels will be allowed to transit the regulated area between races,
when the Coast Guard Patrol Commander determines it is safe to do so.
These regulations are needed to control vessel traffic during the event
to enhance the safety of participants, spectators and transiting
vessels.
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 temporary final 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 Mill Creek during the event, the effect of this regulation will not
be significant due to the limited duration that the regulated area will
be in effect and the extensive advance notifications that will be made
to the maritime community via marine information broadcasts and area
newspapers so mariners can adjust their plans accordingly.
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 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 or anchor in the effected portion of Mill Creek 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 in effect for only a short period. The Patrol Commander
will allow non-participating vessels to transit the event area between
races. 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 offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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 address listed under
ADDRESSES.
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).
Collection of Information
This rule calls 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 that may
result in the expenditure by a State, local, or tribal government, in
the
[[Page 43052]]
aggregate, or by the private sector of $100,000,000 or more in any one
year. Though this rule will not result in such an expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 will not create an
environmental risk to health or risk to safety that may
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 does not have a substantial and direct effect on one or more
Indian tribes, on the relationship between the Federal Governments 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 M16475.1D,
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 regatta or marine parade 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'' and a ``Categorical Exclusion
Determination'' are 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--SAFETY OF LIFE ON NAVIGABLE WATERS
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.
0
2. Add a temporary Sec. 100.35-T05-078 to read as follows:
Sec. 100.35-T05-078 Mill Creek, Fort Monroe, Hampton, VA.
(a) Regulated area. The regulated area is established for the
waters of Mill Creek, adjacent to Fort Monroe, Hampton, Virginia,
enclosed by the following boundaries: To the north, a line drawn along
latitude 37[deg]01'00'' N, to the east a line drawn along longitude
076[deg]18'30'' W, to the south a line parallel with the shoreline
adjacent to Fort Monroe, and the west boundary is parallel with the
Route 258-Mercury Boulevard Bridge. All coordinates reference Datum NAD
1983.
(b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector Hampton Roads.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Hampton Roads with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(c) Special local regulations: (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by any Official Patrol.
(d) Enforcement period. This section will be enforced from 7:30
a.m. to 6:30 p.m. on August 12, August 13 and August 14, 2005.
Dated: July 11, 2005.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-14632 Filed 7-25-05; 8:45 am]
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