[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Proposed Rules]
[Pages 9477-9479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3638]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-07-013]
RIN 1625-AA08


Special Local Regulations for Marine Events; Western Branch, 
Elizabeth River, Portsmouth, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the regulations 
for the ``Virginia State Hydroplane Championship'' hydroplane races 
held annually on the waters of the Western Branch of the Elizabeth 
River at Portsmouth, Virginia. This action is necessary because the 
event will be held on April 21 and 22, 2007, instead of on April 27 and 
28, 2007 as established by permanent regulation. This proposed rule is 
intended to restrict vessel traffic in portions of the Elizabeth River 
and is necessary to provide for the safety of life on navigable waters 
during the event.

DATES: Comments and related material must reach the Coast Guard on or 
before March 19, 2007.

ADDRESSES: You may mail comments and related material to Commander 
(dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, hand-deliver them to Room 415 at the same address 
between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays, or fax them to (757) 398-6203. The Inspections and 
Investigation Branch, Fifth Coast Guard District, 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 the above address between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dennis M. Sens, Project Manager, 
Inspections and Investigations Branch, at (757) 398-6204.

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 (CGD05-07-
013), 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 to know 
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 a meeting by writing to the address listed 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

    On April 21 and 22, 2007, Virginia Boat Racing Association will 
sponsor the ``Virginia State Hydroplane Championship'' hydroplane races 
on the waters of the Western Branch of the Elizabeth River at 
Portsmouth, Virginia. The event will consist of approximately 75 
hydroplane powerboats conducting high-speed competitive races on the 
Western Branch of the Elizabeth River in the vicinity of Portsmouth 
City Park, Portsmouth, Virginia. A fleet of spectator vessels is 
expected to gather near the event site to view the competition. The 
regulation at 33 CFR 100.525 is effective annually for this marine 
event. Paragraph (c) of Section 100.525 establishes the enforcement 
date for the hydroplane races. This regulation proposes to temporarily 
change the regulation so that the event may be held on April 21 and 22, 
2007 instead of the fourth Friday and following Saturday in April. The 
Virginia Boat Racing Association who is the sponsor for this event 
still intends to hold this event annually, however, this year they have 
requested a change in the date of the event for 2007. The change was 
requested to accommodate participation by all hydroplane participants. 
To provide for the safety of participants, spectators, support and 
transiting vessels, the Coast Guard proposes to temporarily restrict 
vessel traffic in the event area during the hydroplane races.

Discussion of Proposed Rule

    The Coast Guard proposes to temporarily suspend the regulations at 
33 CFR 100.525 by temporarily revising the date of enforcement in 
paragraph (c) to reflect the event will be conducted in 2007 on the 
third Saturday and Sunday in April, April 21 and 22, 2007. This 
proposed change is needed to accommodate the sponsors hydroplane race 
schedule relative to the rotation of weekend dates in the annual 
calendar. The special local regulations will be enforced from 8 a.m. to 
6 p.m. on April 21 and 22, 2007, and will restrict navigation in the 
regulated area during the hydroplane races. 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 effective 
period. The regulated area is needed to control vessel traffic during 
the event to enhance the safety of participants and transiting vessels.
    In addition to notice in the Federal Register, the maritime 
community will be provided extensive advance notification via the Local 
Notice to Mariners, and marine information broadcasts so mariners can 
adjust their plans accordingly.

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. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. The effect of this proposed 
action merely establishes the

[[Page 9478]]

date on which the existing regulation would be in effect and would not 
impose any new restrictions on vessel traffic.

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 effect 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 
Western Branch of the Elizabeth River during the event.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons. This 
proposed rule would merely change the date on which the existing 
regulations would be enforced in the regulated area and would not 
impose any new restrictions on vessel traffic.
    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 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.

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.

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 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

[[Page 9479]]

analysis and documentation under that section.
    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. Comments on this 
section will be considered before we make the final decision on whether 
to categorically exclude this rule from further environmental review.

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 temporarily 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; Department of Homeland Security 
Delegation No. 0170.1.

    2. In Sec.  100.525, from 8 a.m. to 6 p.m. on April 21 and 22, 
2007, temporarily suspend paragraph (c).

    3. In Sec.  100.525, from 8 a.m. to 6 p.m. on April 21 and 22, 
2007, temporarily add a new paragraph (d) to read as follows:


Sec.  100.525  Western Branch, Elizabeth River, Portsmouth, Virginia.

* * * * *
    (d) Enforcement period. This section will be enforced from 8 a.m. 
to 6 p.m. on April 21 and 22, 2007. A notice of enforcement of this 
section will be disseminated through the Fifth Coast Guard District 
Local Notice to Mariners announcing the specific event date and times. 
Notice will also be made via marine Safety Radio Broadcast on VHF-FM 
marine band radio channel 22 (157.1 MHz).

    Dated: February 15, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
 [FR Doc. E7-3638 Filed 3-1-07; 8:45 am]
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