[Federal Register: July 14, 2006 (Volume 71, Number 135)]
[Rules and Regulations]
[Page 40012-40014]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy06-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-06-108]
RIN 1625-AA08
Special Local Regulation; Annual Greater Jacksonville Kingfish
Tournament; Jacksonville, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: This rule temporarily suspends the current special local
regulations, established for the Annual Greater Jacksonville Kingfish
Tournament, Jacksonville, Florida, and adds a temporary final rule for
the event due to changes in the tournament this year. This special
local regulation is necessary to reflect the changes made to the
tournament by the sponsor and to ensure the safety of participating
vessels and spectators within the regulated area.
DATES: This rule is effective from July 17, 2006 to July 22, 2006.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket [CGD 07-06-108] and are available for
inspection and copying at Coast Guard Sector Jacksonville Prevention
Department, 7820 Arlington Expressway, Suite 400, Jacksonville,
Florida, 32211, between 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ensign Kira Peterson at Coast Guard
Sector Jacksonville Prevention Department, Florida, tel: (904) 232-
2640, ext. 108.
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 a NPRM. The changes to this event were
not relayed to the Coast Guard with enough time to allow for public
comment. Publishing a NPRM with a comment period would delay the rule's
effective date and is contrary to public interest because immediate
action is necessary to protect the public and waters of the United
States.
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 Coast Guard or local law
enforcement vessels will be in the vicinity of this zone to advise
mariners of the restriction.
Background and Purpose
The Greater Jacksonville Kingfish Tournament is held annually the
second full week of July along the waters of the St. Johns River and
the Atlantic Ocean. This regulation will temporarily change the eastern
boundary of the regulated area found in paragraph (a) of Section
100.710 from Lighted Buoy 7 (LLNR 7145) in approximate position 30-
23.56N, 081-23.04W, and Lighted Buoy 8 (LLNR 7150) in position 30-
24.03N, 081-23.01W, to Lighted Buoy 10 (LLNR 2190) at approximate
position 30-24.376N, 081-24.998W. Changes are also being made to the
effective dates found in paragraph (c) of Section 100.710 as the
tournament will now take place the second full week after July 4th.
Additionally, a new paragraph (b) is being added to define ``Minimum
Safe Speed'' and existing paragraphs (b) and (c) are being redesignated
(c) and (d) accordingly. Coast Guard Sector Jacksonville will issue a
Local Notice to Mariners announcing times and dates the regulated area
is in effect. Vessels transiting within the regulated area must travel
at a Minimum Safe Speed.
Discussion of Rule
This temporary rule is necessary to accommodate the changes by the
[[Page 40013]]
sponsor to the Annual Greater Jacksonville Kingfish Tournament. The
regulated area found in 33 CFR 100.710 paragraph (a) will be revised to
reflect the new eastern boundary set at Lighted Buoy 10 (LLNR 2190) at
approximate position 30-24.376N, 081-24.998W. The tournament date found
in paragraph (c) will reflect the new tournament date set for the
second full week after July 4th (July 17 through July 22, 2006).
Additionally, a new paragraph (b) will be added to define ``Minimum
Safe Speed''. ``Minimum Safe Speed'' is the new speed restriction which
will replace the current ``No Wake Speed''.
Vessels transiting within the regulated area must travel at a
Minimum Safe Speed. The regulated area is needed to control vessel
traffic during the event to enhance the safety of participants 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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
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 because the regulation only requires that vessels
operate at a minimum safe speed within the zone, and does not prohibit
any vessel or person from entering the zone.
If you think that 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 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 ENS Kira Peterson Sector
Jacksonville Prevention Department, at (904) 232-2640, Ext. 108.
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 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,
[[Page 40014]]
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.
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 proposes to
amend 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.
Sec. 100.710 [Suspended]
0
2. From July 17 to 22, 2006, suspend Sec. 100.710.
0
3. From July 17 to 22, 2006, add a new temporary Sec. 100.T07-108 to
read as follows:
Sec. 100.T07-108 Annual Greater Jacksonville Kingfish Tournament;
Jacksonville, Florida.
(a) Regulated Area. A regulated area is established for the waters
of the St. Johns River lying between an eastern boundary of the St.
Johns River Lighted Buoy 10 (LLNR 2190) in approximate position 30-
24.376N, 081-24.998W, and the western boundary formed by Lighted Buoy
25 (LLNR 7305) in approximate position 30-23.40N, 081-28.26W, and Short
Cut Light 26 (LLNR 7130) in approximate position 30-23.46N, 081-28.16W
with the northern and southern boundaries formed by the banks of the
St. Johns and extended north from the boundary formed by the St. Johns
River and the Intracoastal Waterway, Sisters Creek, to Lighted Buoy 83
(LLNR 38330) on the Intracoastal Waterway.
(b) Definition. The following definition applies to this section:
Minimum Safe Speed means the speed at which a vessel proceeds when
it is fully off plane, completely settled in the water and not creating
excessive wake. Due to the different speeds at which vessels of
different sizes and configurations may travel while in compliance with
this definition, no specific speed is assigned to minimum safe speed.
In no instance should minimum safe speed be interpreted as a speed less
than that required for a particular vessel to maintain steerageway. A
vessel is not proceeding at minimum safe speed if it is:
(1) On a plane;
(2) In the process of coming up onto or coming off a plane; or
(3) Creating an excessive wake.
(c) Regulations. Vessels operating in the regulated area must
operate at Minimum Safe Speed.
(d) Enforcement Period. This section will be enforced from 5 a.m.
to 10 p.m. on July 17 to July 22, 2006.
Dated: June 12, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. E6-10585 Filed 7-13-06; 8:45 am]
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