Special Local Regulations for Marine Events; Prospect Bay, Kent Island Narrows, MD, 26229-26230 [06-4203]

Download as PDF Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Rules and Regulations 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 will 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 and direct effect on one or more Indian tribes, on the relationship between the Federal Governments and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. mstockstill on PROD1PC68 with RULES 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 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 VerDate Aug<31>2005 15:18 May 03, 2006 Jkt 208001 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 M16475.1D, 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 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. I 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 1. The authority citation for part 100 continues to read as follows: I Authority: 33 U.S.C. 1233, Department of Homeland Security Delegation No. 0170.1. 2. In § 100.533, revise paragraph (d) to read as follows: I § 100.533 Maryland Swim for Life, Chester River, Chestertown, Maryland. * * * * * (d) Enforcement period. (1) This section will be enforced annually on the third Saturday in June. A notice of enforcement of this section will be published annually in the Federal Register and disseminated through the Fifth Coast Guard District Local Notice to Mariners announcing the specific event dates and times. Notice will also be made via marine Safety Radio PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 26229 Broadcast on VHF–FM marine band radio channel 22 (157.1 MHz). (2) For 2006, this section will be enforced from 6:30 a.m. to 1:30 p.m. on June 17, 2006. Dated: April 14, 2006. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 06–4190 Filed 5–3–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [CGD05–06–038] RIN 1625–AA08 Special Local Regulations for Marine Events; Prospect Bay, Kent Island Narrows, MD Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: SUMMARY: The Coast Guard is implementing the special local regulations at 33 CFR 100.530 for the ‘‘Thunder on the Narrows’’ boat races, a marine event to be held August 5 and August 6, 2006, on the waters of Prospect Bay, near Kent Island Narrows, Maryland. These special local regulations are necessary to control vessel traffic due to the confined nature of the waterway and expected vessel congestion during the event. The effect will be to restrict general navigation in the regulated area for the safety of event participants, spectators and vessels transiting the event area. DATES: Effective Dates: 33 CFR 100.530 will be enforced from 9:30 a.m. to 6:30 p.m. on August 5 and 6, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, Marine Events Coordinator, Commander, Coast Guard Sector Baltimore, 2401 Hawkins Point Rd., Baltimore, MD 21226, and (410) 576–2674. SUPPLEMENTARY INFORMATION: On August 5 and August 6, 2006, the Kent Narrows Racing Association will sponsor the ‘‘Thunder on the Narrows’’ powerboat races, on Prospect Bay, near Kent Island Narrows, Maryland. The event will consist of approximately 75 hydroplanes and jersey speed skiffs racing in heats counter-clockwise around an oval racecourse. A fleet of spectator vessels is expected to gather near the event site to view the race. In E:\FR\FM\04MYR1.SGM 04MYR1 26230 Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Rules and Regulations order to ensure the safety of participants, spectators and transiting vessels, 33 CFR 100.530 will be enforced for the duration of the event. Under provisions of 33 CFR 100.530, from 9:30 a.m. to 6:30 p.m. on August 5 and 6, 2006, vessels may not enter the regulated area without permission from the Coast Guard Patrol Commander. Spectator vessels may anchor outside the regulated area but may not block a navigable channel. Because these restrictions will be in effect for a limited period, they should not result in a significant disruption of maritime traffic. In addition to this notice, 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. Dated: April 14, 2006. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 06–4203 Filed 5–3–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP St. Petersburg 06–066] RIN 1625–AA00 Safety Zone; San Carlos Bay, FL Coast Guard, DHS. Temporary final rule. AGENCY: mstockstill on PROD1PC68 with RULES ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone on the waters of San Carlos Bay, Florida in the vicinity of the Sanibel Island Bridge span ‘‘A’’ while bridge construction is conducted. This rule is necessary to ensure the safety of the construction workers and mariners on the navigable waters of the United States. DATES: This rule is effective from 5 a.m. on April 12 through 4 p.m. on May 10, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket [COTP 06–066] and are available for inspection or copying at Coast Guard Sector St. Petersburg, Prevention Department, 155 Columbia Drive, Tampa Florida 33606– 3598 between 7:30 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Waterways Management Division at VerDate Aug<31>2005 15:18 May 03, 2006 Jkt 208001 Coast Guard Sector St. Petersburg (813) 228–2191 Ext 8307. 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. The information for the bridge construction was not given with sufficient time to publish an NPRM. Publishing an NPRM and delaying its effective date would be contrary to the public interest since immediate action is needed to minimize potential danger to the construction workers and mariners transiting the area. The Coast Guard will issue a broadcast notice to mariners to advise mariners of the restriction. For the same reasons, 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. The Coast Guard will issue a broadcast notice to mariners and will place Coast Guard or local law enforcement vessels in the vicinity of this zone to advise mariners of the restriction. Background and Purpose Boh Brothers Construction will be pouring concrete for the new bridge columns on the west side of Sanibel Island Bridge ‘‘A’’ span. The concrete pour will take place in two phases on two different days. The first phase will consist of pouring the bottom half of the columns. Phase one is scheduled to take place on April 12, 2006, from 5 a.m. until 4 p.m. Phase two will involve pouring the top half of the columns. Phase two is tentatively scheduled to occur on April 27, from 5 a.m. until 4 p.m. The operation will require a 50 foot by 120 foot barge to be positioned in the center of the channel along with a tug and working skiffs. The nature of this work and the close proximity of the channel present a hazard to mariners transiting the area. This safety zone is being established to ensure the safety of life on the navigable waters of the United States. Discussion of Rule The safety zone encompasses the following waters of San Carlos Bay, Florida: All waters from surface to bottom, within a 400 foot radius of the following coordinates: 26°28′59″N, 082°00′52″W. Vessels and persons are prohibited from anchoring, mooring, or transiting within this zone, unless authorized by the Captain of the Port St. Petersburg or his designated representative. The zone is effective PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 from 5 a.m. on April 12 through 4 p.m. on May 10, 2006. The aforementioned safety zone enforcement dates may change due to environmental factors. Coast Guard Sector St. Petersburg will give notice of the enforcement of the safety zone by issuing a Broadcast Notice to Mariners beginning 24 to 48 hours prior to beginning the operation. On-scene notice will be provided by local Coast Guard and local law enforcement marine units enforcing the safety zone. 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 rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. The rule will only be enforced for a limited amount of time. Moreover, vessels may still enter the safety zone with the express permission of the Captain of the Port St. Petersburg or his designated representative. 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 may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit near the Sanibel Island Bridge span ‘‘A’’ from 5 a.m. on April 12 through 4 p.m. on May 10, 2006. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will be enforced for a limited time when marine traffic is expected to be minimal. Additionally, traffic will be allowed to E:\FR\FM\04MYR1.SGM 04MYR1

Agencies

[Federal Register Volume 71, Number 86 (Thursday, May 4, 2006)]
[Rules and Regulations]
[Pages 26229-26230]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4203]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-06-038]
RIN 1625-AA08


Special Local Regulations for Marine Events; Prospect Bay, Kent 
Island Narrows, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard is implementing the special local regulations 
at 33 CFR 100.530 for the ``Thunder on the Narrows'' boat races, a 
marine event to be held August 5 and August 6, 2006, on the waters of 
Prospect Bay, near Kent Island Narrows, Maryland. These special local 
regulations are necessary to control vessel traffic due to the confined 
nature of the waterway and expected vessel congestion during the event. 
The effect will be to restrict general navigation in the regulated area 
for the safety of event participants, spectators and vessels transiting 
the event area.

DATES: Effective Dates: 33 CFR 100.530 will be enforced from 9:30 a.m. 
to 6:30 p.m. on August 5 and 6, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, Marine Events 
Coordinator, Commander, Coast Guard Sector Baltimore, 2401 Hawkins 
Point Rd., Baltimore, MD 21226, and (410) 576-2674.

SUPPLEMENTARY INFORMATION: On August 5 and August 6, 2006, the Kent 
Narrows Racing Association will sponsor the ``Thunder on the Narrows'' 
powerboat races, on Prospect Bay, near Kent Island Narrows, Maryland. 
The event will consist of approximately 75 hydroplanes and jersey speed 
skiffs racing in heats counter-clockwise around an oval racecourse. A 
fleet of spectator vessels is expected to gather near the event site to 
view the race. In

[[Page 26230]]

order to ensure the safety of participants, spectators and transiting 
vessels, 33 CFR 100.530 will be enforced for the duration of the event. 
Under provisions of 33 CFR 100.530, from 9:30 a.m. to 6:30 p.m. on 
August 5 and 6, 2006, vessels may not enter the regulated area without 
permission from the Coast Guard Patrol Commander. Spectator vessels may 
anchor outside the regulated area but may not block a navigable 
channel. Because these restrictions will be in effect for a limited 
period, they should not result in a significant disruption of maritime 
traffic.
    In addition to this notice, 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.

    Dated: April 14, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 06-4203 Filed 5-3-06; 8:45 am]
BILLING CODE 4910-15-P