Special Local Regulations for Marine Event; Sacramento River Bridge-to-Bridge Waterfront Festival, San Francisco Bay and Sacramento River, CA, 29112-29115 [E6-7610]

Download as PDF 29112 Federal Register / Vol. 71, No. 97 / Friday, May 19, 2006 / Proposed Rules the value of the Sanctuary as a source of recreation and as a source of educational and scientific information, considering the extent to which the conduct of the activity may result in conflicts between different users of the Sanctuary and the duration of such effects; (8) It is necessary to conduct the proposed activity within the Sanctuary; (9) The reasonably expected end value of the proposed activity furthers Sanctuary goals and purposes and outweighs any potential adverse effects on Sanctuary resources and qualities from the conduct of the activity; and (10) Any other matters the Director deems appropriate do not make the issuance of a permit for the proposed activity inappropriate. (d) Applications. (1) Applications for permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Manager, Channel Islands National Marine Sanctuary, 113 Harbor Way, Santa Barbara, CA 93109. (2) In addition to the information listed in § 922.48(b), all applications must include information the Director needs to make the findings in paragraphs (b) and (c) of this section. (e) In addition to any other terms and conditions that the Director deems appropriate, a permit issued pursuant to this section must require that the permittee agree to hold the United States harmless against any claims arising out of the conduct of the permitted activities. Appendix to Subpart G—Channel Islands National Marine Sanctuary Boundary Coordinates Coordinates listed in this Appendix are unprojected (Geographic) and based on the North American Datum of 1983. cprice-sewell on PROD1PC66 with PROPOSALS Point ID No. 1 .................... 2 .................... 3 .................... 4 .................... 5 .................... 6 .................... 7 .................... 8 .................... 9 .................... 10 .................. 11 .................. 12 .................. 13 .................. 14 .................. 15 .................. 16 .................. 17 .................. 18 .................. 19 .................. 20 .................. 21 .................. 22 .................. VerDate Aug<31>2005 Latitude North 33.94138 33.96776 34.02607 34.07339 34.10185 34.11523 34.11611 34.11434 34.11712 34.11664 34.13389 34.13825 34.14784 34.15466 34.15142 34.13411 34.14635 34.15988 34.15906 34.15928 34.16213 34.16962 14:37 May 18, 2006 Longitude West –119.27422 –119.25010 –119.23642 –119.25686 –119.29178 –119.33040 –119.39120 –119.40212 –119.42896 –119.44844 –119.48081 –119.49198 –119.51194 –119.59059 –119.61254 –119.66024 –119.69780 –119.76688 –119.77800 –119.79327 –119.80347 –119.83643 Jkt 208001 Point ID No. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 PO 00000 .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. Frm 00023 Latitude North 34.17266 34.17588 34.17682 34.17258 34.13535 34.13698 34.12994 34.12481 34.12519 34.11008 34.11128 34.13632 34.15341 34.16408 34.18231 34.19117 34.20224 34.20707 34.20520 34.19254 34.20540 34.20486 34.18182 34.10208 34.08151 34.05848 34.01940 34.01349 33.98698 33.95039 33.92694 33.92501 33.91403 33.91712 33.90956 33.88976 33.84444 33.83146 33.81763 33.81003 33.79425 33.79379 33.79983 33.81076 33.81450 33.84125 33.84865 33.87038 33.86804 33.86110 33.86351 33.85995 33.86233 33.87330 33.88594 33.88688 33.88809 33.89414 33.90064 33.91569 33.91094 33.90424 33.90219 33.90131 33.90398 33.90635 33.91304 33.91829 33.48250 33.44235 33.40555 33.39059 33.36804 Fmt 4702 Sfmt 4702 Longitude West –119.85240 –119.88903 –119.93357 –119.95830 –120.01964 –120.04206 –120.08582 –120.11104 –120.16076 –120.21190 –120.22707 –120.25292 –120.28627 –120.29310 –120.31224 –120.32576 –120.35122 –120.41801 –120.42859 –120.46041 –120.50728 –120.53987 –120.60041 –120.64208 –120.63894 –120.62862 –120.58567 –120.57464 –120.56582 –120.53282 –120.46132 –120.42170 –120.37585 –120.32506 –120.30857 –120.29540 –120.25482 –120.22927 –120.20284 –120.18731 –120.13422 –120.10207 –120.06995 –120.04351 –120.03158 –119.96508 –119.92316 –119.88247 –119.87060 –119.79017 –119.77130 –119.74390 –119.68783 –119.65504 –119.62617 –119.59423 –119.58278 –119.54861 –119.51936 –119.48263 –119.46137 –119.42422 –119.40730 –119.38373 –119.36333 –119.35345 –119.33280 –119.32206 –119.16874 –119.16797 –119.14878 –119.13283 –119.08891 Point ID No. 96 .................. 97 .................. 98 .................. 99 .................. 100 ................ 101 ................ 102 ................ 103 ................ 104 ................ 105 ................ 106 ................ 107 ................ 108 ................ 109 ................ 110 ................ 111 ................ 112 ................ 113 ................ Latitude North 33.36375 33.36241 33.36379 33.36879 33.37441 33.38001 33.38914 33.40515 33.44006 33.48414 33.52444 33.53834 33.58616 33.59018 33.58516 33.58011 33.54367 33.51161 Longitude West –119.06803 –119.04812 –119.02811 –118.99797 –118.98194 –118.96972 –118.95492 –118.93661 –118.91519 –118.90712 –118.91492 –118.92271 –118.99540 –119.02374 –119.06745 –119.08521 –119.14460 –119.16367 [FR Doc. 06–4670 Filed 5–18–06; 8:45 am] BILLING CODE 3511–32–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [CGD 11–06–004] RIN 1625–AA08 Special Local Regulations for Marine Event; Sacramento River Bridge-toBridge Waterfront Festival, San Francisco Bay and Sacramento River, CA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to establish special local regulations in the navigable waters of the Sacramento River for a waterfront festival to be held on July 21 through July 23, 2006. The event includes boat racing, speed trials, water-skiing, and wakeboard competitions. The proposed special local regulations are intended to prohibit vessels and people from entering into or remaining within a regulated area in order to ensure the safety of participants and spectators. DATES: Comments and related material must reach the Coast Guard on or before June 19, 2006. ADDRESSES: You may mail comments and related material to the Waterways Safety Branch, U.S. Coast Guard Sector San Francisco, Yerba Buena Island, San Francisco, California 94130. The Waterways Safety Branch maintains the public docket for this rulemaking. Comments and material received from the public, as well as documents indicated in this preamble as being E:\FR\FM\19MYP1.SGM 19MYP1 Federal Register / Vol. 71, No. 97 / Friday, May 19, 2006 / Proposed Rules available in the docket, will become part of this docket and will be available for inspection or copying at the Waterways Safety Branch between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Petty Officer Brian Clark, U.S. Coast Guard Sector San Francisco, at (415) 399–3440, or the 24-hour Sector Command Center at (415) 399–3547. 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 CGD 11–06–004, 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 that your submission reached us, please enclose a stamped, selfaddressed 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. cprice-sewell on PROD1PC66 with PROPOSALS Public Meeting We do not plan to hold a public meeting at this time. But you may submit a request for a meeting by writing to the Waterways Safety Branch at the address 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 separate notice in the Federal Register. Background and Purpose The Sacramento Convention and Visitors Bureau, is sponsoring a waterfront festival on July 21, 22, and 23, 2006 in the waters of the Sacramento River in Downtown Sacramento. The marine event includes boat racing, speed trials, water-skiing, and wakeboard competitions and is meant for entertainment purposes. The event name, ‘‘Bridge to Bridge Waterfront Festival’’, references the center of the activity, which is located between the Tower Bridge and the I Street Bridge. In order to protect spectators, participants, vessels, and other property from the hazards associated with the high-speed vessel exhibitions that will be on display, we propose to establish special local regulations that will create a temporary regulated area around the VerDate Aug<31>2005 14:37 May 18, 2006 Jkt 208001 event located on the Sacramento waterfront. Discussion of Rule The Coast Guard proposes to establish temporary special local regulations on all navigable waters of the Sacramento River in an area approximately four thousand yards long by two hundred yards wide, bounded by the following positions: 38° 35′49.0″ N, 121° 30′30.0″ W; thence to 38° 35′49.0″ N, 121° 30′23.0″ W; thence to 38° 33′40.0″ N, 121° 30′59.0″ W; thence to 38° 33′46.0″ N, 121° 31′11.0″ W; thence returning to the point of origin. These regulations will be in effect during boat races, speed trials, wakeboard competitions, and water-skiing events scheduled between 12 p.m. and 5 p.m. on July 21, between 9 a.m. and 5 p.m. on July 22, and between 9 a.m. and 4 p.m. on July 23, 2006. The effect these proposed temporary special local regulations will be to restrict general navigation in the Sacramento River extending from the mouth of the American River south to the entrance of the Miller Park Marina during scheduled events. 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 specified times. The Patrol Commander of the event will allow vessel traffic to pass through the event area from approximately 2 p.m. to 2:30 p.m. on July 21, 2006, and from 12 p.m. to 12:30 p.m. on July 22 and July 23, 2006. These regulations are needed to keep spectators and vessels a safe distance away from the waterfront festival during scheduled events in order to protect spectators, participants, vessels, and other property from the hazards associated with the high-speed vessel exhibitions that will be on display. 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. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 29113 Although these proposed special local regulations will restrict boating traffic within a portion of the Sacramento River, the effect of this proposed rule will not be significant as the regulated area will be short in duration, the Bridge to Bridge Waterfront Festival is meant for public entertainment, and access to pass through the area will be permitted each day during designated times. The entities most likely to be affected are pleasure craft engaged in recreational activities and sightseeing. 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 will not have a significant economic impact on a substantial number of small entities for several reasons: (i) This proposed rule will encompass only a small portion of the waterway for a limited period of time, (ii) access to pass through the area will be permitted each day during designated times, and (iii) the maritime public will be advised in advance of these special local regulations via public notice to mariners. The small entities most likely to be affected by this proposed rule are owners and operators of pleasure craft engaged in recreational activities and sightseeing. If you think that your business, organization, or government 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 process. If the rule will affect your small business, organization, or government jurisdiction and you have questions concerning its provisions, options for compliance, or assistance in understanding this rule, please contact E:\FR\FM\19MYP1.SGM 19MYP1 29114 Federal Register / Vol. 71, No. 97 / Friday, May 19, 2006 / Proposed Rules Indian Tribal Governments This proposed 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. Petty Officer Brian Clark, U.S. Coast Guard Sector San Francisco, at (415) 399–3440. 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 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 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 will not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. Taking of Private Property This proposed 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 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. cprice-sewell on PROD1PC66 with PROPOSALS Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed 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. VerDate Aug<31>2005 14:37 May 18, 2006 Jkt 208001 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, 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 proposed rule is categorically excluded, under figure 2–1, paragraph (34)(h), of PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 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. A draft ‘‘Environmental Analysis Check List’’ and a draft ‘‘Categorical Exclusion Determination’’ (CED) will be available in the docket where indicated under ADDRESSES. Comments on this section will be considered before we make the final decision on whether the rule should be categorically excluded 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 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: Authority: 33 U.S.C. 1233, Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 100.35–T11–088 to read as follows: § 100.35–T11–088 Sacramento River Bridge-to-Bridge Waterfront Festival, San Francisco Bay and Sacramento River, CA. (a) Regulated Area. A regulated area is established for all navigable waters of the Sacramento River in an area approximately four thousand yards long by two hundred yards wide, bounded by the following positions: 38° 35′49.0″ N, 121°30′30.0″ W; thence to 38°35′49.0″ N, 121°30′23.0″ W; thence to 38° 33′40.0″ N, 121°30′59.0″ W; thence to 38°33′46.0″ N, 121°31′11.0″ W; thence returning to the point of origin. This area includes the portion of the Sacramento River extending from the mouth of the American River south to the entrance of the Miller Park Marina. (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 San Francisco. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector San Francisco 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. E:\FR\FM\19MYP1.SGM 19MYP1 Federal Register / Vol. 71, No. 97 / Friday, May 19, 2006 / Proposed Rules (2) The operator of any vessel in the regulated area shall: (i) Stop the vessel immediately when directed to do so by any Official Patrol. (ii) Proceed as directed by an Official Patrol. (d) Enforcement Period. This section will be enforced from 12 p.m. to 5 p.m. on July 21, 9 a.m. to 5 p.m. on July 22, and from 9 a.m. to 4 p.m. on July 23, 2006. The Patrol Commander of the event will allow vessel traffic to pass through the event area from approximately 2 p.m. to 2:30 p.m. on July 21, 2006 and from 12 p.m. to 12:30 p.m. on July 22 and July 23, 2006. If the event concludes prior to the scheduled termination time, the Coast Guard will cease enforcement of the special local regulations and will announce that fact via Broadcast Notice to Mariners. Friday, except Federal holidays, or fax them to (757) 398–6203. The Inspections and Investigations 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, Fifth Coast Guard District, Inspections and Investigations Branch, at (757) 398– 6204. Dated: April 30, 2006. J.A. Breckenridge, Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard District. [FR Doc. E6–7610 Filed 5–18–06; 8:45 am] Request for Comments BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [CGD05–06–036] RIN 1625–AA08 Special Local Regulations for Marine Events; Chesapeake Bay, Cape Charles, VA Coast Guard, DHS. ACTION: Notice of proposed rulemaking. cprice-sewell on PROD1PC66 with PROPOSALS AGENCY: SUMMARY: The Coast Guard proposes to establish special local regulations during the ‘‘East Coast Boat Racing Club power boat race’’, a marine event to be held over the waters of the Chesapeake Bay adjacent to Cape Charles, 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 on the Chesapeake Bay in the vicinity of Cape Charles Beach, Cape Charles, Virginia during the event. DATES: Comments and related material must reach the Coast Guard on or before June 19, 2006. 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 119 at the same address between 9 a.m. and 2 p.m., Monday through VerDate Aug<31>2005 14:37 May 18, 2006 Jkt 208001 SUPPLEMENTARY INFORMATION: 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 (CGD05–06–036), 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 5, 2006, the East Coast Boat Racing Club of New Jersey will sponsor a power boat race, on the waters of the Chesapeake Bay, Cape Charles, Virginia. The event will consist of approximately 20 New Jersey Speed Garveys and Jersey Speed Skiffs conducting high-speed competitive races along an oval race course in close proximity to Cape Charles Beach, Cape Charles, Virginia. A fleet of spectator vessels is expected to gather nearby to view the competition. Due to the need for vessel control during the event, PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 29115 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 Piankatank River. The temporary special local regulations will be effective from 11:30 a.m. to 4:30 p.m. on August 5, 2006, with a rain date at the same time on August 6, 2006, and will restrict general navigation in the regulated area during the event. 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. 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 regulation will prevent traffic from transiting a portion of the Chesapeake Bay 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 the Local Notice to Mariners, marine information broadcasts, and area newspapers, so mariners can adjust their plans accordingly. Additionally, the regulated area has been narrowly tailored to impose the least impact on general navigation yet provide the level of safety deemed necessary. 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 E:\FR\FM\19MYP1.SGM 19MYP1

Agencies

[Federal Register Volume 71, Number 97 (Friday, May 19, 2006)]
[Proposed Rules]
[Pages 29112-29115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7610]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD 11-06-004]
RIN 1625-AA08


Special Local Regulations for Marine Event; Sacramento River 
Bridge-to-Bridge Waterfront Festival, San Francisco Bay and Sacramento 
River, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations in the navigable waters of the Sacramento River for a 
waterfront festival to be held on July 21 through July 23, 2006. The 
event includes boat racing, speed trials, water-skiing, and wakeboard 
competitions. The proposed special local regulations are intended to 
prohibit vessels and people from entering into or remaining within a 
regulated area in order to ensure the safety of participants and 
spectators.

DATES: Comments and related material must reach the Coast Guard on or 
before June 19, 2006.

ADDRESSES: You may mail comments and related material to the Waterways 
Safety Branch, U.S. Coast Guard Sector San Francisco, Yerba Buena 
Island, San Francisco, California 94130. The Waterways Safety Branch 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being

[[Page 29113]]

available in the docket, will become part of this docket and will be 
available for inspection or copying at the Waterways Safety Branch 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer Brian Clark, U.S. Coast 
Guard Sector San Francisco, at (415) 399-3440, or the 24-hour Sector 
Command Center at (415) 399-3547.

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 CGD 11-06-
004, 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 
that your submission 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 plan to hold a public meeting at this time. But you may 
submit a request for a meeting by writing to the Waterways Safety 
Branch at the address 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 separate notice in the 
Federal Register.

Background and Purpose

    The Sacramento Convention and Visitors Bureau, is sponsoring a 
waterfront festival on July 21, 22, and 23, 2006 in the waters of the 
Sacramento River in Downtown Sacramento. The marine event includes boat 
racing, speed trials, water-skiing, and wakeboard competitions and is 
meant for entertainment purposes. The event name, ``Bridge to Bridge 
Waterfront Festival'', references the center of the activity, which is 
located between the Tower Bridge and the I Street Bridge.
    In order to protect spectators, participants, vessels, and other 
property from the hazards associated with the high-speed vessel 
exhibitions that will be on display, we propose to establish special 
local regulations that will create a temporary regulated area around 
the event located on the Sacramento waterfront.

Discussion of Rule

    The Coast Guard proposes to establish temporary special local 
regulations on all navigable waters of the Sacramento River in an area 
approximately four thousand yards long by two hundred yards wide, 
bounded by the following positions: 38[deg] 35'49.0'' N, 121[deg] 
30'30.0'' W; thence to 38[deg] 35'49.0'' N, 121[deg] 30'23.0'' W; 
thence to 38[deg] 33'40.0'' N, 121[deg] 30'59.0'' W; thence to 38[deg] 
33'46.0'' N, 121[deg] 31'11.0'' W; thence returning to the point of 
origin. These regulations will be in effect during boat races, speed 
trials, wakeboard competitions, and water-skiing events scheduled 
between 12 p.m. and 5 p.m. on July 21, between 9 a.m. and 5 p.m. on 
July 22, and between 9 a.m. and 4 p.m. on July 23, 2006.
    The effect these proposed temporary special local regulations will 
be to restrict general navigation in the Sacramento River extending 
from the mouth of the American River south to the entrance of the 
Miller Park Marina during scheduled events. 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 specified 
times. The Patrol Commander of the event will allow vessel traffic to 
pass through the event area from approximately 2 p.m. to 2:30 p.m. on 
July 21, 2006, and from 12 p.m. to 12:30 p.m. on July 22 and July 23, 
2006. These regulations are needed to keep spectators and vessels a 
safe distance away from the waterfront festival during scheduled events 
in order to protect spectators, participants, vessels, and other 
property from the hazards associated with the high-speed vessel 
exhibitions that will be on display.

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 these proposed special local regulations will restrict 
boating traffic within a portion of the Sacramento River, the effect of 
this proposed rule will not be significant as the regulated area will 
be short in duration, the Bridge to Bridge Waterfront Festival is meant 
for public entertainment, and access to pass through the area will be 
permitted each day during designated times. The entities most likely to 
be affected are pleasure craft engaged in recreational activities and 
sightseeing.

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 will not have a significant economic impact on a substantial 
number of small entities for several reasons: (i) This proposed rule 
will encompass only a small portion of the waterway for a limited 
period of time, (ii) access to pass through the area will be permitted 
each day during designated times, and (iii) the maritime public will be 
advised in advance of these special local regulations via public notice 
to mariners. The small entities most likely to be affected by this 
proposed rule are owners and operators of pleasure craft engaged in 
recreational activities and sightseeing.
    If you think that your business, organization, or government 
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 process. 
If the rule will affect your small business, organization, or 
government jurisdiction and you have questions concerning its 
provisions, options for compliance, or assistance in understanding this 
rule, please contact

[[Page 29114]]

Petty Officer Brian Clark, U.S. Coast Guard Sector San Francisco, at 
(415) 399-3440.
    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 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 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 will not result in such an 
expenditure, we do discuss the effects of this proposed rule elsewhere 
in this preamble.

Taking of Private Property

    This proposed 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 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 proposed 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 proposed 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 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, 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 proposed 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.
    A draft ``Environmental Analysis Check List'' and a draft 
``Categorical Exclusion Determination'' (CED) will be available in the 
docket where indicated under ADDRESSES. Comments on this section will 
be considered before we make the final decision on whether the rule 
should be categorically excluded 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 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:

    Authority: 33 U.S.C. 1233, Department of Homeland Security 
Delegation No. 0170.1.

    2. Add temporary Sec.  100.35-T11-088 to read as follows:


Sec.  100.35-T11-088  Sacramento River Bridge-to-Bridge Waterfront 
Festival, San Francisco Bay and Sacramento River, CA.

    (a) Regulated Area. A regulated area is established for all 
navigable waters of the Sacramento River in an area approximately four 
thousand yards long by two hundred yards wide, bounded by the following 
positions: 38[deg] 35'49.0'' N, 121[deg]30'30.0'' W; thence to 
38[deg]35'49.0'' N, 121[deg]30'23.0'' W; thence to 38[deg] 33'40.0'' N, 
121[deg]30'59.0'' W; thence to 38[deg]33'46.0'' N, 121[deg]31'11.0'' W; 
thence returning to the point of origin. This area includes the portion 
of the Sacramento River extending from the mouth of the American River 
south to the entrance of the Miller Park Marina.
    (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 San Francisco.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector San Francisco 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.

[[Page 29115]]

    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol.
    (ii) Proceed as directed by an Official Patrol.
    (d) Enforcement Period. This section will be enforced from 12 p.m. 
to 5 p.m. on July 21, 9 a.m. to 5 p.m. on July 22, and from 9 a.m. to 4 
p.m. on July 23, 2006. The Patrol Commander of the event will allow 
vessel traffic to pass through the event area from approximately 2 p.m. 
to 2:30 p.m. on July 21, 2006 and from 12 p.m. to 12:30 p.m. on July 22 
and July 23, 2006. If the event concludes prior to the scheduled 
termination time, the Coast Guard will cease enforcement of the special 
local regulations and will announce that fact via Broadcast Notice to 
Mariners.

    Dated: April 30, 2006.
J.A. Breckenridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. E6-7610 Filed 5-18-06; 8:45 am]
BILLING CODE 4910-15-P