[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Rules and Regulations]
[Pages 59793-59795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22507]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-04-190]
RIN 1625-AA08


Special Local Regulations for Marine Events; John H. Kerr 
Reservoir, Clarksville, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for ``Clarksville Hydroplane Challenge'', a power boat race 
to be held over the waters of the John H. Kerr Reservoir adjacent to 
Clarksville, 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 in portions of the 
John H. Kerr Reservoir adjacent to Clarksville, Virginia during the 
power boat race.

DATES: This rule is effective from 11:30 a.m. on October 9, 2004, to 
5:30 p.m. on October 10, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-04-190 and are available for 
inspection or copying at Commander (oax), 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: D. M. Sens, Project Manager, Auxiliary 
and Recreational Boating Safety Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM would be 
impracticable, and contrary to public interest, as the event will take 
place before the NPRM process can be completed. Immediate action is 
needed to protect the safety of life at sea from the danger posed by 
high-speed power boats.
    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 
and area newspapers.

Background and Purpose

    On October 9 and 10, 2004, the Virginia Boat Racing Association 
will sponsor the ``Clarksville Hydroplane Challenge'', on the waters of 
the John H. Kerr Reservoir. The event will consist of approximately 60 
inboard hydroplanes racing in heats counter-clockwise around an oval 
racecourse. A fleet of spectator vessels is expected to gather nearby 
to view the competition. Due to the need for vessel control during the

[[Page 59794]]

event, vessel traffic will be temporarily restricted to provide for the 
safety of participants, spectators and transiting vessels.

Discussion of Rule

    The Coast Guard is establishing this rule on specified waters of 
the John H. Kerr Reservoir adjacent to Occoneechee State Park, 
Clarksville, Virginia. The regulated area includes a section of the 
John H. Kerr Reservoir approximately two miles long, and bounded in 
width by each shoreline. This rule will be enforced from 11:30 a.m. to 
5:30 p.m. on October 9 and 10, 2004, and will restrict general 
navigation in the regulated area during the power boat race. 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 the 
enforcement period.

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 temporary rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of the John H. Kerr Reservoir adjacent to Clarksville, Virginia 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 marine information broadcasts and area newspapers so 
mariners can adjust their plans accordingly.

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 will 
not have a significant economic impact on a substantial number of small 
entities. This 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 John H. Kerr Reservoir during the event.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be enforced for only a short period, from 11:30 a.m. to 5:30 
p.m. on October 9 and 10, 2004. Although the regulated area will apply 
to the entire width of the reservoir adjacent to Occoneechee State 
Park, traffic may be allowed to pass through the regulated area with 
the permission of the Coast Guard patrol commander. In the case where 
the patrol commander authorizes passage through the regulated area 
during the event, vessels must proceed at the minimum speed necessary 
to maintain a safe course that minimizes wake near the race course. 
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.
    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 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 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 will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 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 does not create an 
environmental risk to health or risk to safety that may 
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 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 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

[[Page 59795]]

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, 
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 event permit are specifically 
excluded from further analysis and documentation under those sections. 
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, Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  100.35-T05-190 to read as follows:


Sec.  100.35-T05-190  John H. Kerr Reservoir, Clarksville, Virginia.

    (a) Regulated area. A regulated area is established for the waters 
of the John H. Kerr Reservoir, adjacent to Occoneechee State Park, 
Clarksville, Virginia, from shoreline to shoreline, bounded on the 
south by a line running northeasterly from a point along the shoreline 
at latitude 36[deg]36[min]12[sec] N, longitude 078[deg]31[min]22[sec] 
W, to latitude 36[deg]36[min]48[sec] N, longitude 
078[deg]30[min]47[sec] W, and bounded on the north by the Route 15 
highway bridge. 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 Group Hampton Roads.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Group Hampton Roads 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.
    (2) the operator of any vessel in the regulated area must:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol.
    (ii) All persons and vessels must comply with the instructions of 
the Official Patrol. The operator of a vessel in the regulated area 
must stop the vessel immediately when instructed to do so by the 
Official Patrol and then proceed as directed. When authorized to 
transit the regulated area, all vessels must proceed at the minimum 
speed necessary to maintain a safe course that minimizes wake near the 
race course.
    (d) Enforcement period. This section will be enforced from 11:30 
a.m. to 5:30 p.m. on October 9 and 10, 2004.

    Dated: September 28, 2004.
B.R. Thomason,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 04-22507 Filed 10-5-04; 8:45 am]
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