Special Local Regulations for Marine Events; Mill Creek, Fort Monroe, Hampton, VA, 19672-19674 [E6-5605]

Download as PDF 19672 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Proposed Rules 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: (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 7 p.m. on June 10 and 11, 2006. Dated: March 31, 2006. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E6–5606 Filed 4–14–06; 8:45 am] BILLING CODE 4910–15–P Authority: 33 U.S.C. 1233; Department of Homeland Security Delegation No. 0170.1. DEPARTMENT OF HOMELAND SECURITY 2. Add temporary § 100.35–T05–023 to read as follows: Coast Guard 33 CFR Part 100 cchase on PROD1PC60 with PROPOSALS § 100.35–T05–023 Pasquotank River, Elizabeth City, North Carolina. [CGD05–06–025] (a) Regulated area. The regulated area is established for the waters of the Pasquotank River, adjacent to Elizabeth City, NC, from shoreline to shoreline, bounded on the west by the Elizabeth City Draw Bridge and bounded on the east by a line originating at a point along the shoreline at latitude 36°17′54″ N., longitude 76°12′00″ W., thence southwesterly to latitude 36°17′35″ N., longitude 76°12′18″ W., at Cottage Point. 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 North Carolina. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector North Carolina with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (3) Participant includes all vessels participating in the ‘‘Roar on the River Rampage’’ under the auspices of the Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector North Carolina. (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. VerDate Aug<31>2005 16:08 Apr 14, 2006 Jkt 208001 RIN 1625–AA08 Special Local Regulations for Marine Events; Mill Creek, Fort Monroe, Hampton, VA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to establish special local regulations for the ‘‘Hampton Cup Regatta’’, a power boat race to be held on the waters of Mill Creek, near Fort Monroe, Hampton, 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 Mill Creek adjacent to Fort Monroe during the power boat race. DATES: Comments and related material must reach the Coast Guard on or before June 1, 2006. 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 Dennis.M.Sens@uscg.mil. The Compliance and Inspection 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 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 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, Compliance and Inspection 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 (CGD05–06–025), 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 81⁄2 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 August 18, 19 and 20, 2006, the Virginia Boat Racing Association will sponsor the ‘‘Hampton Cup Regatta’’, on the waters of Mill Creek adjacent to Fort Monroe, Hampton, Virginia. The event will consist of approximately 100 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 Mill Creek adjacent to Fort Monroe, Hampton, Virginia. The regulated area is comprised of the southern section of Mill Creek approximately one half mile in length and width. This rule would be enforced from 7:30 a.m. to 6:30 p.m. on August E:\FR\FM\17APP1.SGM 17APP1 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Proposed Rules 18, 19 and 20, 2006, and would restrict general navigation in the regulated area during the power boat race. The Coast Guard, at its discretion, when practical would 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 would 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. cchase on PROD1PC60 with PROPOSALS 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. Although this proposed regulation will prevent traffic from transiting a portion of Mill Creek 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 VerDate Aug<31>2005 16:08 Apr 14, 2006 Jkt 208001 19673 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 Mill Creek 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 August 18, 19 and 20, 2006. The regulated area will apply to the southerly segment of Mill Creek adjacent to Fort Monroe and the Route 258 bridge. 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. 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. 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 Coast Guard at 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. Protection of Children 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 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 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. 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 E:\FR\FM\17APP1.SGM 17APP1 19674 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Proposed Rules 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. List of Subjects in 33 CFR Part 100 Technical Standards Authority: 33 U.S.C. 1233; Department of Homeland Security Delegation No. 0170.1. 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. cchase on PROD1PC60 with PROPOSALS 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. VerDate Aug<31>2005 16:08 Apr 14, 2006 Jkt 208001 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: 2. Add temporary § 100.35–T06–025 to read as follows: § 100.35–T06–025, Mill Creek, Fort Monroe, Hampton, Virginia. (a) Regulated area The regulated area is established for the waters of Mill Creek, adjacent to Fort Monroe, Hampton, Virginia, enclosed by the following boundaries: to the north, a line drawn along latitude 37°01′00″ N., to the east a line drawn along longitude 76°18′30″ W., to the south a line parallel with the shoreline adjacent to Fort Monroe, and the west boundary is parallel with the Route 258—Mercury Boulevard 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 ‘‘Hampton Cup Regatta’’ 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 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 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 August 18, 19 and 20, 2006. Dated: April 4, 2006. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E6–5605 Filed 4–14–06; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–R06–OAR–2005–LA–0004; FRL–8158– 9] Approval of the Clean Air Act Section 112(l) Program for Hazardous Air Pollutants and Delegation of Authority to the State of Louisiana Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: The Louisiana Department of Environmental Quality (LDEQ) has submitted a request for receiving delegation of EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and nonpart 70 sources). The requests apply to certain NESHAPs promulgated by EPA, as adopted by LDEQ through July 1, 2004 (40 CFR part 63 standards). The delegation of authority under this action does not apply to sources located in Indian Country. EPA is providing notice that proposes to approve the delegation of certain NESHAPs to LDEQ. DATES: Written comments must be received on or before May 17, 2006. ADDRESSES: Comments may be mailed to Mr. Jeff Robinson, Air Permits Section (6PD–R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the Addresses section of the direct final rule located in the final rules section of the Federal Register. FOR FURTHER INFORMATION CONTACT: Mr. Jeff Robinson, Air Permits Section, Multimedia Planning and Permitting Division (6PD–R), U.S. Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202– 2733, at (214) 665–6435, or at robinson.jeffrey@epa.gov. E:\FR\FM\17APP1.SGM 17APP1

Agencies

[Federal Register Volume 71, Number 73 (Monday, April 17, 2006)]
[Proposed Rules]
[Pages 19672-19674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5605]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-06-025]
RIN 1625-AA08


Special Local Regulations for Marine Events; Mill Creek, Fort 
Monroe, Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish special local 
regulations for the ``Hampton Cup Regatta'', a power boat race to be 
held on the waters of Mill Creek, near Fort Monroe, Hampton, 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 Mill Creek adjacent to Fort 
Monroe during the power boat race.

DATES: Comments and related material must reach the Coast Guard on or 
before June 1, 2006.

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 
Dennis.M.Sens@uscg.mil. The Compliance and Inspection 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, 
Compliance and Inspection 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 (CGD05-06-
025), 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 August 18, 19 and 20, 2006, the Virginia Boat Racing Association 
will sponsor the ``Hampton Cup Regatta'', on the waters of Mill Creek 
adjacent to Fort Monroe, Hampton, Virginia. The event will consist of 
approximately 100 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 Mill Creek adjacent to Fort Monroe, 
Hampton, Virginia. The regulated area is comprised of the southern 
section of Mill Creek approximately one half mile in length and width. 
This rule would be enforced from 7:30 a.m. to 6:30 p.m. on August

[[Page 19673]]

18, 19 and 20, 2006, and would restrict general navigation in the 
regulated area during the power boat race. The Coast Guard, at its 
discretion, when practical would 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 
would 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 regulatory policies 
and procedures of DHS is unnecessary.
    Although this proposed regulation will prevent traffic from 
transiting a portion of Mill Creek 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 Mill Creek 
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 August 18, 19 and 20, 2006. The regulated area will apply to 
the southerly segment of Mill Creek adjacent to Fort Monroe and the 
Route 258 bridge. 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 Coast Guard at 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

[[Page 19674]]

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, 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-T06-025 to read as follows:


Sec.  100.35-T06-025,  Mill Creek, Fort Monroe, Hampton, Virginia.

    (a) Regulated area The regulated area is established for the waters 
of Mill Creek, adjacent to Fort Monroe, Hampton, Virginia, enclosed by 
the following boundaries: to the north, a line drawn along latitude 
37[deg]01[min]00[sec] N., to the east a line drawn along longitude 
76[deg]18[min]30[sec] W., to the south a line parallel with the 
shoreline adjacent to Fort Monroe, and the west boundary is parallel 
with the Route 258--Mercury Boulevard 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 ``Hampton 
Cup Regatta'' 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 August 18, 19 and 20, 2006.

    Dated: April 4, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-5605 Filed 4-14-06; 8:45 am]
BILLING CODE 4910-15-P