[Federal Register: June 13, 2007 (Volume 72, Number 113)]
[Rules and Regulations]
[Page 32518-32520]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn07-2]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-07-017]
RIN 1625-AA08
Special Local Regulations for Marine Events; Rappahannock River,
Essex County, Westmoreland County, Layton, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations for the ``2007 Rappahannock River Boaters Association
Spring and Fall Radar Shootout'', power boat races to be held on the
waters of the Rappahannock River near Layton, VA. 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 the Rappahannock River during the event.
DATES: This rule is effective from 11:30 a.m. to 4:30 p.m. on June 30,
2007.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD05-07-017) 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, Marine Events
Coordinator, Fifth Coast Guard District, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 11, 2007, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events;
Rappahannock River, Essex County, Westmoreland County, Layton, VA in
the Federal Register (72 FR 18170). We received no letters commenting
on the proposed rule. No public meeting was requested, and none was
held.
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. Delaying the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the safety of the event participants, spectator craft and other
vessels transiting the event area. However, advance notifications will
be made to affected waterway users via marine information broadcasts,
local radio stations and area newspapers.
Background and Purpose
On June 30, 2007 the Rappahannock River Boaters Association (RRBA)
will sponsor the ``2007 RRBA Spring Radar Shootout'', on the waters of
the Rappahannock River near Layton, Virginia. The event will consist of
approximately 35 powerboats participating in high-speed competitive
races, traveling along a 3-mile straight line race course.
Participating boats will race individually within the designated
course. 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 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 Rappahannock River, near Layton,
Virginia.
Regulatory Evaluation
This temporary 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.
Although this regulation will prevent traffic from transiting a
portion of the Rappahannock River 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 notification
that will be made to the maritime community via the Local Notice to
Mariners, marine information broadcasts, local radio stations 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this temporary 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 temporary
rule would not have a significant economic impact on a substantial
number of small entities. This temporary rule will affect the following
entities, some of which may be small entities: The owners or operators
of vessels intending to transit this section of the Rappahannock River
during the event.
This temporary rule will not have a significant economic impact on
a substantial number of small entities for the following reasons. This
temporary rule will be in effect for only a short period, from 11:30
a.m. to 4:30 p.m. on June 30, 2007. Although the regulated area will
apply to a 3-mile segment of the Rappahannock River immediately east of
Layton, Virginia, traffic may be allowed to pass through the regulated
area with the permission of the Coast Guard patrol commander. 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 this temporary rule so that they can better
evaluate its effects on them and participate in the rulemaking.
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
[[Page 32519]]
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this temporary 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.
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.
0
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
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35-T05-017 to read as follows:
Sec. 100.35-T05-017 Rappahannock River, Essex County, Westmoreland
County, Layton, Virginia.
(a) Regulated area. The regulated area is established for the
waters of the Rappahannock River, adjacent to Layton, VA, from
shoreline to shoreline, bounded on the west by a line running along
longitude 076[deg]58'30'' W, and bounded on the east by a line running
along longitude 076[deg]56'00'' W. All coordinates reference Datum NAD
1983.
(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 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.
(c) 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.
(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 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.
[[Page 32520]]
(d) Enforcement period. This section will be enforced from 11:30
a.m. to 4:30 p.m. on June 30, 2007.
Dated: May 23, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-11342 Filed 6-12-07; 8:45 am]
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