![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Special Local Regulation; ChampBoat Grand Prix of Savannah; Savannah, GA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 26, 2006 (Volume 71, Number 207)]
[Rules and Regulations]
[Page 62557-62559]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc06-6]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-06-191]
RIN 1625-AA08
Special Local Regulation; ChampBoat Grand Prix of Savannah; Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) for the ChampBoat Grand Prix of Savannah, a speed boat
race occurring on the Savannah River. The regulated area is defined as
all waters located between the width of the Savannah River bounded on
the northern end by the U. S. Highway 17 (Talmadge) Bridge across the
Savannah River and on the southern end by a line drawn at 146 degrees
True from Day Board 62 on the left descending bank of the Savannah
River. This special local regulation is necessary to ensure the safety
of commercial and recreational vessels and personnel within the
regulated area.
DATES: This rule is effective from 7 a.m. on November 4, 2006, until 9
p.m. on November 5, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD07-06-191, and are available for
inspection or copying at Coast Guard Marine Safety Unit Savannah, 100
West Oglethorpe Avenue, Suite 1017, Savannah, Georgia 31401 between
7:30 a.m. and 4 p.m., Monday through Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: LT Robert Webb, Waterways Management
Officer, Coast Guard Marine Safety Unit Savannah, 912-652-4353.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
rule. Under 5 U.S.C. 553(b), the Coast Guard finds that good cause
exists for not publishing an NPRM. The sponsor's application for this
event was not submitted to the Coast Guard with sufficient time for a
public comment period before the event date. Publishing an NPRM, which
would incorporate a comment period before a final rule could be issued,
would be contrary to public safety interests since it would delay the
effective date of the rule until after the date of the event. 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 to advise mariners of the regulated area
and its requirements.
Background and Purpose
Speedway Group, Inc. and ChampBoat Series, LLC., submitted an
application for a marine event permit for the ChampBoat Grand Prix of
Savannah, to be held November 4-5, 2006, in Savannah, GA. After close
review of the application and through extensive conversation with port
stakeholders, the Coast Guard approved the application. The approval of
the application and issuance of the marine permit was contingent on the
ability of race coordinators to periodically open the river to
commercial traffic. The race
[[Page 62558]]
course will consist of a four-buoy, rectangle race course within the
regulated area. The race buoys although within the regulated area will
be placed outside of the navigational channel. Scheduled vessel traffic
will be allowed to transit through the regulated area during a planned
20-minute stoppage time during each hour of racing. In addition, vessel
traffic will be allowed to transit in the morning and evening prior to
and after race events. In the event there is a last minute change in
scheduled traffic or exigent circumstances, the race coordinators will
clear the river for vessel traffic to transit through the regulated
area. Because of the high speeds and inherent dangers associated with
powerboat racing, the Coast Guard is establishing this temporary
special local regulation (SLR). This temporary SLR is necessary to
ensure the safety of commercial and recreational vessels and personnel
within the regulated area.
Discussion of Rule
The ChampBoat Grand Prix of Savannah will be held November 4-5,
2006, in Savannah, GA and will consist of powerboats racing a
rectangular course at speeds up to 120 miles per hour. The regulated
area is defined as all waters located between the width of the Savannah
River bounded on the northern end by the U. S. Highway 17 (Talmadge)
Bridge across the Savannah River and on the southern end by a line
drawn at 146 degrees True from Day Board 62 on the left descending bank
of the Savannah River.
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Commercial vessel traffic
will be allowed to transit through the regulated area at scheduled
times throughout the day and before and after race activities.
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 a portion of the Savannah River between 8 a.m.
and 6 p.m. on November 4-5, 2006. This SLR would not have a significant
economic impact on a substantial number of small entities because it
would only be in effect between 8 a.m. and 9 p.m. and vessel traffic
would be allowed to pass through the zone with permission from the
Coast Guard patrol commander.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pubic Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. Small
entities may contact the person listed under FOR FURTHER INFORMATION
CONTACT for assistance in understanding and participating in this
rulemaking. We also have a point of contact for commenting on actions
by employees 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 affect 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
[[Page 62559]]
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
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 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, we believe that this rule should be
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.
? 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. A new temporary section Sec. 100.35T07-06-191 is added to read as
follows:
Sec. 100.35T07-06-191 ChampBoat Grand Prix of Savannah; Savannah,
Georgia.
(a) Regulated Area. The regulated area is defined as all waters
located between the width of the Savannah River bounded on the northern
end by the U.S. Highway 17 (Talmadge) Bridge across the Savannah River
and on the southern end by a line drawn at 146 degrees True from Day
Board 62 on the left descending bank of the Savannah River.
(b) Definitions. The following definitions apply to this section:
Coast Guard Patrol Commander. The Coast Guard Patrol Commander is a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector Charleston, Charleston,
South Carolina.
(c) Special Local Regulations. Entry into the regulated area in
paragraph (a) by other than event participants is prohibited unless
otherwise authorized by the Coast Guard Patrol Commander. If entry is
authorized, all persons shall be required to follow the instructions of
the Coast Guard Patrol Commander. At the completion of scheduled races
and departure of participants from the regulated area, and between
scheduled racing events, traffic may resume normal operations, at the
discretion of the Coast Guard Patrol Commander.
(d) Enforcement period. This section will be enforced from 7 a.m.
through 9 p.m. on November 4 and 5, 2006.
(e) Effective period. This section is effective from 7 a.m. on
November 4, 2006, until 9 p.m. on November 5, 2006.
Dated: October 16, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. E6-17849 Filed 10-25-06; 8:45 am]
BILLING CODE 4910-15-P