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[Federal Register Volume 70, Number 169 (Thursday, September 1, 2005)]
[Proposed Rules]
[Pages 52052-52054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17428]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-05-107]
RIN 1625-AA08

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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations for the ``Clarksville Hydroplane Challenge'', a power boat 
race to be held on 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: Comments and related material must reach the Coast Guard on or 
before September 16, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, hand-deliver them to Room 119 at the same address 
between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays, fax them to (757) 398-6203, or e-mail them to 
DSens@[email protected]. The Auxiliary and Recreational Boating Safety 
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 Sens, Project Manager, 
Auxiliary and Recreational Boating Safety 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 (CGD05-05-
107), 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.
    In order to provide notice and an opportunity to comment before 
issuing an effective rule, we are providing a shorter than normal 
comment period. Because the event organizer provided the Coast Guard 
late notice of the event, there is not sufficient time for a full 45-
day comment period. We believe that by providing the possibility of 
facsimile and e-mail submission options, this shorter period will 
provide the public with sufficient time to comment on this regulation 
that will only affect a small portion of the waterway for a short 
period of time.
    We further anticipate that if a Final Rule is issued time 
constraints will require us to provide less than a 30-day period before 
the rule becomes effective. Immediate action is needed to protect the 
safety of life at sea from the danger posed by high-speed power boats. 
For the safety concerns noted, it is in the public interest to have the 
regulations in effect during the event.

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 October 1 and 2, 2005, 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 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 Proposed Rule

    The Coast Guard proposes to establish temporary special local 
regulations on specified waters of the John H. Kerr Reservoir adjacent 
to Occoneechee State Park, Clarksville, Virginia and State Route 15 
Highway Bridge. The regulated area includes a section of the John H. 
Kerr Reservoir approximately one half mile long, and bounded in width 
by each shoreline. This rule will be enforced from 7:30 a.m. to 6:30 
p.m. on October 1 and 2, 2005, and will restrict general navigation in 
the regulated area during the power boat race. The Coast Guard, at its 
discretion, when practical will allow the passage of vessels when races 
are not taking place. Except for participants and vessels authorized by 
the Coast Guard Patrol Commander, no person or vessel will be allowed 
to enter or remain in the regulated area during the enforcement period. 
These regulations are needed to control vessel traffic during the event 
to enhance the safety of participants, spectators and transiting 
vessels.

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

[[Page 52053]]

regulatory policies and procedures of DHS is unnecessary.
    Although this proposed regulation will prevent 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. Extensive advance notifications will be made to 
the maritime community via Local Notice to Mariners, marine information 
broadcasts, and area newspapers, so mariners can adjust their plans 
accordingly. 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 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 affect the following 
entities, some of which might be small entities: The owners or 
operators of vessels intending to transit this section of the John H. 
Kerr Reservoir 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 
rule will be enforced for only a short period, from 7:30 a.m. to 6:30 
p.m. on October 1 and 2, 2005. The regulated area will apply to a 
segment of the reservoir adjacent to State Route 15 Highway Bridge and 
Occoneechee State Park. Marine 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 will be required 
to proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course. Before the enforcement 
period, we would issue maritime advisories so mariners can adjust their 
plans accordingly.
    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

[[Page 52054]]

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, 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.
    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 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. Add temporary Sec.  100.35-T05-107 to read as follows:

Sec.  100.35-T05-107  John H. Kerr Reservoir, Clarksville, Virginia.

    (a) Regulated area. The regulated area is established for the 
waters of the John H. Kerr Reservoir, adjacent to the State Route 15 
Highway Bridge and 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]37'14'' N, longitude 078[deg]32'46.5'' W, thence to latitude 
36[deg]37'39.2,'' N, longitude 078[deg]32'08.8'' W, and bounded on the 
north by the State 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 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 
Clarksville Hydroplane Challenge under the auspices of the Marine Event 
Permit issued to the event sponsor and approved by Commander, Coast 
Guard Sector Hampton Roads.
    (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 must: (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.
    (d) Enforcement period. This section will be enforced from 7:30 
a.m. to 6:30 p.m. on October 1 and 2, 2005.

    Dated: August 22, 2005.
S.H. Ratti,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 05-17428 Filed 8-31-05; 8:45 am]
BILLING CODE 4910-15-U
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