[Federal Register: May 19, 2006 (Volume 71, Number 97)]
[Proposed Rules]
[Page 29112-29115]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my06-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD 11-06-004]
RIN 1625-AA08
Special Local Regulations for Marine Event; Sacramento River
Bridge-to-Bridge Waterfront Festival, San Francisco Bay and Sacramento
River, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish special local
regulations in the navigable waters of the Sacramento River for a
waterfront festival to be held on July 21 through July 23, 2006. The
event includes boat racing, speed trials, water-skiing, and wakeboard
competitions. The proposed special local regulations are intended to
prohibit vessels and people from entering into or remaining within a
regulated area in order to ensure the safety of participants and
spectators.
DATES: Comments and related material must reach the Coast Guard on or
before June 19, 2006.
ADDRESSES: You may mail comments and related material to the Waterways
Safety Branch, U.S. Coast Guard Sector San Francisco, Yerba Buena
Island, San Francisco, California 94130. The Waterways Safety Branch
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being
[[Page 29113]]
available in the docket, will become part of this docket and will be
available for inspection or copying at the Waterways Safety Branch
between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer Brian Clark, U.S. Coast
Guard Sector San Francisco, at (415) 399-3440, or the 24-hour Sector
Command Center at (415) 399-3547.
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 CGD 11-06-
004, 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
that your submission 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 plan to hold a public meeting at this time. But you may
submit a request for a meeting by writing to the Waterways Safety
Branch at the address 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 separate notice in the
Federal Register.
Background and Purpose
The Sacramento Convention and Visitors Bureau, is sponsoring a
waterfront festival on July 21, 22, and 23, 2006 in the waters of the
Sacramento River in Downtown Sacramento. The marine event includes boat
racing, speed trials, water-skiing, and wakeboard competitions and is
meant for entertainment purposes. The event name, ``Bridge to Bridge
Waterfront Festival'', references the center of the activity, which is
located between the Tower Bridge and the I Street Bridge.
In order to protect spectators, participants, vessels, and other
property from the hazards associated with the high-speed vessel
exhibitions that will be on display, we propose to establish special
local regulations that will create a temporary regulated area around
the event located on the Sacramento waterfront.
Discussion of Rule
The Coast Guard proposes to establish temporary special local
regulations on all navigable waters of the Sacramento River in an area
approximately four thousand yards long by two hundred yards wide,
bounded by the following positions: 38[deg] 35'49.0'' N, 121[deg]
30'30.0'' W; thence to 38[deg] 35'49.0'' N, 121[deg] 30'23.0'' W;
thence to 38[deg] 33'40.0'' N, 121[deg] 30'59.0'' W; thence to 38[deg]
33'46.0'' N, 121[deg] 31'11.0'' W; thence returning to the point of
origin. These regulations will be in effect during boat races, speed
trials, wakeboard competitions, and water-skiing events scheduled
between 12 p.m. and 5 p.m. on July 21, between 9 a.m. and 5 p.m. on
July 22, and between 9 a.m. and 4 p.m. on July 23, 2006.
The effect these proposed temporary special local regulations will
be to restrict general navigation in the Sacramento River extending
from the mouth of the American River south to the entrance of the
Miller Park Marina during scheduled events. Except for persons or
vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remain in the regulated area during specified
times. The Patrol Commander of the event will allow vessel traffic to
pass through the event area from approximately 2 p.m. to 2:30 p.m. on
July 21, 2006, and from 12 p.m. to 12:30 p.m. on July 22 and July 23,
2006. These regulations are needed to keep spectators and vessels a
safe distance away from the waterfront festival during scheduled events
in order to protect spectators, participants, vessels, and other
property from the hazards associated with the high-speed vessel
exhibitions that will be on display.
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.
Although these proposed special local regulations will restrict
boating traffic within a portion of the Sacramento River, the effect of
this proposed rule will not be significant as the regulated area will
be short in duration, the Bridge to Bridge Waterfront Festival is meant
for public entertainment, and access to pass through the area will be
permitted each day during designated times. The entities most likely to
be affected are pleasure craft engaged in recreational activities and
sightseeing.
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 will not have a significant economic impact on a substantial
number of small entities for several reasons: (i) This proposed rule
will encompass only a small portion of the waterway for a limited
period of time, (ii) access to pass through the area will be permitted
each day during designated times, and (iii) the maritime public will be
advised in advance of these special local regulations via public notice
to mariners. The small entities most likely to be affected by this
proposed rule are owners and operators of pleasure craft engaged in
recreational activities and sightseeing.
If you think that your business, organization, or government
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 process.
If the rule will affect your small business, organization, or
government jurisdiction and you have questions concerning its
provisions, options for compliance, or assistance in understanding this
rule, please contact
[[Page 29114]]
Petty Officer Brian Clark, U.S. Coast Guard Sector San Francisco, at
(415) 399-3440.
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 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 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 will not result in such an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed 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 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 proposed rule is not an economically significant rule and
does not create an environmental risk to health or risk to safety that
may 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 does 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 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, 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 proposed 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.
A draft ``Environmental Analysis Check List'' and a draft
``Categorical Exclusion Determination'' (CED) will be available in the
docket where indicated under ADDRESSES. Comments on this section will
be considered before we make the final decision on whether the rule
should be categorically excluded 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 amends
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-T11-088 to read as follows:
Sec. 100.35-T11-088 Sacramento River Bridge-to-Bridge Waterfront
Festival, San Francisco Bay and Sacramento River, CA.
(a) Regulated Area. A regulated area is established for all
navigable waters of the Sacramento River in an area approximately four
thousand yards long by two hundred yards wide, bounded by the following
positions: 38[deg] 35'49.0'' N, 121[deg]30'30.0'' W; thence to
38[deg]35'49.0'' N, 121[deg]30'23.0'' W; thence to 38[deg] 33'40.0'' N,
121[deg]30'59.0'' W; thence to 38[deg]33'46.0'' N, 121[deg]31'11.0'' W;
thence returning to the point of origin. This area includes the portion
of the Sacramento River extending from the mouth of the American River
south to the entrance of the Miller Park Marina.
(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 San Francisco.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector San Francisco 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.
[[Page 29115]]
(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 an Official Patrol.
(d) Enforcement Period. This section will be enforced from 12 p.m.
to 5 p.m. on July 21, 9 a.m. to 5 p.m. on July 22, and from 9 a.m. to 4
p.m. on July 23, 2006. The Patrol Commander of the event will allow
vessel traffic to pass through the event area from approximately 2 p.m.
to 2:30 p.m. on July 21, 2006 and from 12 p.m. to 12:30 p.m. on July 22
and July 23, 2006. If the event concludes prior to the scheduled
termination time, the Coast Guard will cease enforcement of the special
local regulations and will announce that fact via Broadcast Notice to
Mariners.
Dated: April 30, 2006.
J.A. Breckenridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. E6-7610 Filed 5-18-06; 8:45 am]
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