[Federal Register: July 21, 2006 (Volume 71, Number 140)]
[Proposed Rules]
[Page 41407-41409]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy06-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-06-068]
RIN 1625-AA08
Special Local Regulations for Marine Events; John H. Kerr
Reservoir, Clarksville, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish temporary special local
regulations for the ``Clarksville Hydroplane Challenge'', a power boat
race to be held on the waters of the John H. Kerr Reservoir adjacent to
Clarksville, 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 the
John H. Kerr Reservoir adjacent to Clarksville, Virginia during the
power boat race.
DATES: Comments and related material must reach the Coast Guard on or
before August 21, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, hand-deliver them to Room 415 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, fax them to (757) 391-8149, or e-mail them to
Dennis.M.Sens@uscg.mil. The Inspections and Investigations Branch,
Fifth Coast Guard District, maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at the above address 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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-06-
068), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the address listed under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
On October 7 and 8, 2006, the Virginia Boat Racing Association will
sponsor the ``Clarksville Hydroplane Challenge'', on the waters of the
John H. Kerr Reservoir. The event will consist of approximately 70
inboard hydroplanes racing in heats counter-clockwise around an oval
racecourse. A fleet of spectator vessels is anticipated to gather
nearby to view the competition. Due to the need for vessel control
during the event, vessel traffic will be temporarily restricted to
provide for the safety of participants, spectators and transiting
vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish temporary special local
regulations on specified waters of the John H. Kerr Reservoir adjacent
to Occoneechee State Park, Clarksville, Virginia and State Route 15
Highway Bridge. The regulated area includes a section of the John H.
Kerr Reservoir approximately one half mile long, and bounded in width
by each shoreline. This rule will be enforced from 7:30 a.m. to 6:30
p.m. on October 7 and 8, 2006, and will restrict general navigation in
the regulated area during the power boat race. The Coast Guard, at its
discretion, when practical will allow the passage of vessels when races
are not taking place. Except for participants and vessels authorized by
the Coast Guard Patrol Commander, no person or vessel will be allowed
to enter or remain in the regulated area during the enforcement period.
These regulations are needed to control vessel traffic during the event
to enhance the safety of participants, spectators and transiting
vessels.
Regulatory Evaluation
This proposed 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 proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
[[Page 41408]]
Although this proposed regulation will prevent traffic from
transiting a portion of the John H. Kerr Reservoir adjacent to
Clarksville, Virginia 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. Extensive advance notifications will be made to
the maritime community via Local Notice to Mariners, marine information
broadcasts, area newspapers and local radio stations, so mariners can
adjust their plans accordingly. Vessel traffic will be able to transit
the regulated area between heats, when the Coast Guard Patrol Commander
deems it is safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit this section of the John H.
Kerr Reservoir during the event.
This proposed rule would 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 7:30 a.m. to 6:30
p.m. on October 7 and 8, 2006. The regulated area will apply to a
segment of the reservoir adjacent to State Route 15 Highway Bridge and
Occoneechee State Park. Marine traffic may be allowed to pass through
the regulated area with the permission of the Coast Guard Patrol
Commander. In the case where the Patrol Commander authorizes passage
through the regulated area during the event, vessels will be required
to proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the race course. Before the enforcement
period, we would issue maritime advisories so mariners can adjust their
plans accordingly.
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 proposed 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 address listed under
ADDRESSES. 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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
[[Page 41409]]
adopted by voluntary consensus standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, 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 that section.
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. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
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
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.
2. Add temporary Sec. 100.35-T05-068 to read as follows:
Sec. 100.35-T05-068 John H. Kerr Reservoir, Clarksville, VA.
(a) Regulated area. The regulated area is established for the
waters of the John H. Kerr Reservoir, adjacent to the State Route 15
Highway Bridge and Occoneechee State Park, Clarksville, Virginia, from
shoreline to shoreline, bounded on the south by a line running
northeasterly from a point along the shoreline at latitude
36[deg]37'14'' N, longitude 078[deg]32'46.5'' W, thence to latitude
36[deg]37'39.2'' N, longitude 078[deg]32'08.8'' W, and bounded on the
north by the State Route 15 Highway Bridge. All coordinates reference
Datum NAD 1983.
(b) Definitions. The following definitions apply to this section:
(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.
(3) Participant includes all vessels participating in the
Clarksville Hydroplane Challenge under the auspices of the Marine Event
Permit issued to the event sponsor and approved by Commander, Coast
Guard Sector Hampton Roads.
(c) Special local regulations. (1) Except for event participants
and 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 must: (i) Stop
the vessel immediately when directed to do so by any Official Patrol
and then proceed only as directed.
(ii) All persons and vessels shall comply with the instructions of
the Official Patrol.
(iii) When authorized to transit the regulated area, all vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the race course.
(d) Enforcement period. This section will be enforced from 7:30
a.m. on October 7 to 6:30 p.m. on October 8, 2006.
Dated: July 12, 2006.
Steven Ratti,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,
Acting.
[FR Doc. E6-11630 Filed 7-20-06; 8:45 am]
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