[Federal Register: August 23, 2007 (Volume 72, Number 163)]
[Proposed Rules]
[Page 48249-48251]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au07-22]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. CGD01-07-102]
RIN 1625-AA08
Special Local Regulation; Head of the Connecticut Regatta
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to change the special local
regulations for the Head of the Connecticut Regatta by moving the
regulated area of the race from the southern tip of Gildersleeve Island
and Light Number 87 to the
[[Page 48250]]
northern tip of Gildersleeve Island and Light Number 87. This
regulation is needed to better protect race participants from
recreational and commercial vessel traffic.
DATES: Comments and related material must reach the Coast Guard on or
before September 24, 2007.
ADDRESSES: You may mail comments and related material to Waterways
Management Division, U.S. Coast Guard Sector Long Island Sound, 120
Woodward Ave., New Haven, CT 06512-3628. Sector Long Island Sound
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 Sector Long
Island Sound between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Douglas Miller, Chief,
Waterways Management Division, Coast Guard Sector Long Island Sound at
(203) 468-4596.
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 [CGD01-07-
102], 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 assurance
that 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 such a meeting by writing to Coast Guard Sector Long Island
Sound 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 later notice in the Federal
Register.
Background and Purpose
The permanent special local regulations for the Head of the
Connecticut Regatta are found at 33 CFR 100.105. The Coast Guard is
proposing to change regulation 100.105(a), which states the boundaries
of the regulated area. The new boundary increases the size of the
regulated area. Historically, the number of vessels mustering at the
start of the race has grown to such a level that it is no longer safe
to allow non-participant recreational and commercial vessels to transit
near the southern tip of Gildersleeve Island. Regardless of the amount
of planning and control in past years, recreational vessel traffic has
steadily encroached into the starting area of the race. Accordingly,
the Coast Guard proposes to alter section 100.105(a) to permanently
move the regulated area of the race zone from the southern tip of
Gildersleeve Island and Light Number 87 to the northern tip of
Gildersleeve Island and Light Number 87.
Discussion of Proposed Rule
The Coast Guard proposes to amend the regulations at 33 CFR 100.105
to expand the regulated area of the Head of the Connecticut Regatta.
The changes are necessary to improve the safety of participant and
spectator vessels in vicinity of the start area of the race. These
proposed changes 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
regulation may have some impact on the public, but the potential impact
will be minimized for the following reasons: The zone would only be
enforced for a temporary period on the day of the event and vessels may
transit in all areas around the zone at all times.
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 may be small entities: The owners or operators
of vessels intending to transit or anchor in the vicinity of
Gildersleeve Island on the day of the event.
For the reasons outlined in the Regulatory Evaluation section
above, this rule will not have a significant impact on a substantial
number of small entities.
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 Lieutenant Douglas Miller,
Chief, Waterways Management Division, Coast Guard Sector Long Island
Sound at (203) 468-4596. 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.
[[Page 48251]]
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 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 guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment. Draft documentation
supporting this preliminary determination will be available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
2. Amend Sec. 100.105 to revise paragraph (a) to read as follows:
Sec. 100.105 Head of the Connecticut Regatta.
(a) Regulated Area. The regulated area is that section of the
Connecticut River between the northern tip of Gildersleeve Island and
Light Number 87.
* * * * *
Dated: August 10, 2007.
Timothy V. Skuby,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. E7-16627 Filed 8-22-07; 8:45 am]
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