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Special Local Regulations for Marine Events; Chesapeake Bay, Cape Charles, VA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 13, 2006 (Volume 71, Number 134)]
[Rules and Regulations]
[Page 39561-39563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy06-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-06-036]
RIN 1625-AA08
Special Local Regulations for Marine Events; Chesapeake Bay, Cape
Charles, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations for
the ``East Coast Boat Racing Club power boat race'', a marine event to
be held over the waters of the Chesapeake Bay adjacent to Cape Charles,
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 on the Chesapeake Bay in the
vicinity of Cape Charles Beach, Cape Charles, Virginia during the event.
DATES: This rule is effective from 11:30 a.m. on August 5, 2006 to 4:30
p.m. on August 6, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD05-06-036]
and are available for
inspection or copying at Commander (dpi), Fifth 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: Dennis Sens, Project Manager, Fifth
Coast Guard District, Inspections and Investigations Branch, at (757)
398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 19, 2006, we published a Notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Chesapeake
Bay, Cape Charles, VA in the Federal Register (71 FR 29115). We
received no letters commenting on the proposed rule. No public meeting
was requested, and none was held.
Background and Purpose
On August 5, 2006, the East Coast Boat Racing Club of New Jersey
will sponsor a power boat race, on the waters of the Chesapeake Bay,
Cape Charles, Virginia. The event will consist of approximately 20 New
Jersey Speed Garveys and Jersey Speed Skiffs conducting high-speed
competitive races along an oval race course in close proximity to Cape
Charles Beach, Cape Charles, Virginia. A fleet of spectator vessels is
expected 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 Comments and Changes
The Coast Guard did not receive comments in response to the Notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing temporary special local
regulations on specified waters of the Chesapeake Bay, Cape Charles,
Virginia.
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. Although this regulation will prevent traffic
from transiting a portion of the Chesapeake Bay 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
the Local Notice to Mariners, marine information broadcasts, and area
newspapers, so mariners can adjust their plans accordingly.
Additionally, the regulated area has been narrowly tailored to impose
the least impact on general navigation yet provide the level of safety
deemed necessary. 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.
[[Page 39562]]
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. This rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in this portion of the Chesapeake Bay
adjacent to Cape Charles Beach during the event.
This rule would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule would be in effect for only a limited period. 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. 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. 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.
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 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
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.
[[Page 39563]]
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.
? 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 a temporary Sec. 100.35-T05-036 to read as follows:
Sec. 100.35-T05-036 Chesapeake Bay, Cape Charles, Virginia.
(a) 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 East
Coast Boat Racing Club power boat race under the auspices of a Marine
Event Permit issued to the event sponsor and approved by Commander,
Coast Guard Sector Hampton Roads.
(b) Regulated area: A regulated area is established for the waters
of the Chesapeake Bay, along the shoreline adjacent to Cape Charles,
Virginia, to and including waters up to 300 yards offshore, parallel
with the Cape Charles Beach shoreline in this area. The area is bounded
on the south by a line running northwesterly from the Cape Charles
shoreline at latitude 37[deg]16'.2'' North, longitude 076[deg]01'28.5''
West, to a point offshore approximately 300 yards at latitude
37[deg]16'3.4'' North, longitude 076[deg]01'36.6'' West, and bounded on
the north by a line running northwesterly from the Cape Charles
shoreline at latitude 37[deg]16'26.2'' North, longitude 076[deg]01'14''
West, to a point offshore approximately 300 yards at latitude
37[deg]16'28.9'' North, longitude 076[deg]01'24.1'' West. All
coordinates reference Datum NAD 1983.
(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 shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by any 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) Effective Period: This section is effective from 11:30 a.m. on
August 5, 2006 to 4:30 p.m. on August 6, 2006.
(e) Enforcement period: This section will be enforced from 11:30
a.m. to 4:30 p.m. on August 5, 2006. If the race is postponed due to
weather, then the temporary special local regulations will be enforced
during the same time period the next day, August 6, 2006.
Dated: June 29, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-10981 Filed 7-12-06; 8:45 am]
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