Special Local Regulations for Marine Events; Mill Creek, Fort Monroe, Hampton, VA, 36991-36993 [E6-10255]
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Federal Register / Vol. 71, No. 125 / Thursday, June 29, 2006 / Rules and Regulations
employees engaged in hand packing of
produce into containers, whether done
on the ground, on a moving machine, or
in a temporary packing shed, except that
Wyoming retains enforcement
responsibility over agricultural
temporary labor camps for employees
engaged in egg, poultry, or red meat
production, or the post-harvest
processing of agricultural or
horticultural commodities.
*
*
*
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*
I 7. Amend § 1952.345 by revising the
last sentence of paragraph (b)(1) to read
as follows:
§ 1952.345
Level of Federal enforcement.
*
*
*
*
*
(b)(1) * * * Federal jurisdiction is
also retained for employment at Warren
Air Force Base; employment at the U.S.
Department of Energy’s Naval Petroleum
and Oil Shale Reserve; Federal
government employers and employees;
and the U.S. Postal Service (USPS),
including USPS employees, and
contract employees and contractoroperated facilities engaged in USPS mail
operations.
*
*
*
*
*
Kerr-Philpott System; Federal
government employers and employees;
and the U.S. Postal Service (USPS),
including USPS employees, and
contract employees and contractoroperated facilities engaged in USPS mail
operations.
*
*
*
*
*
I 10. Amend § 1952.375 by revising the
last sentence of paragraph (b)(1) to read
as follows:
§ 1952.375
Level of Federal enforcement.
*
*
*
*
*
(b)(1) * * * Federal jurisdiction is
also retained with respect to
employment at the U.S. Department of
Energy’s Southeastern Power
Administration Kerr-Philpott System;
Federal government employers and
employees; and the U.S. Postal Service
(USPS), including USPS employees, and
contract employees and contractoroperated facilities engaged in USPS mail
operations.
*
*
*
*
*
[FR Doc. 06–5789 Filed 6–28–06; 8:45 am]
BILLING CODE 4510–26–P
Subpart DD—New Mexico
DEPARTMENT OF HOMELAND
SECURITY
8. Amend § 1952.365 by revising
paragraph (a)(9) to read as follows:
Coast Guard
§ 1952.365
33 CFR Part 100
I
Level of Federal enforcement.
*
*
*
*
*
(a) * * *
(9) Enforcement of occupational safety
and health standards with regard to
employment at the U.S. Department of
Energy’s Western Area Power
Administration site at Elephant Butte;
Federal government employers and
employees; and the U.S. Postal Service
(USPS), including USPS employees and
contract employees and contractoroperated facilities engaged in USPS mail
operations; and
*
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*
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*
Subpart EE—Virginia
9. Amend § 1952.374 by revising the
second sentence of paragraph (b) to read
as follows:
I
§ 1952.374
Final approval determination.
cprice-sewell on PROD1PC66 with RULES
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(b) * * * The plan does not cover
private sector maritime employment;
worksites located within Federal
military facilities as well as on other
Federal enclaves where civil
jurisdiction has been ceded by the State
to the Federal government; employment
at the U.S. Department of Energy’s
Southeastern Power Administration
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Jkt 208001
[CGD05–06–025]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Mill Creek, Fort Monroe,
Hampton, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing temporary 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.
This rule is effective from 7:30
a.m. on August 18, 2006 to 6:30 p.m. on
August 20, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket CGD05–06–
025 and are available for inspection or
copying at Commander (dpi), Fifth
DATES:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
36991
Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704–
5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Dennis Sens, Project Manager,
Inspections and Investigations Branch,
at (757) 398–6204.
SUPPLEMENTARY INFORMATION
Regulatory Information
On April 17, 2006, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations for
Marine Events; Mill Creek, Fort Monroe,
Hampton, VA in the Federal Register
(71 FR 19672). We received no letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
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 Comments and Changes
The Coast Guard did not receive
comments in response to the notice of
proposed rulemaking (NPRM) published
in the Federal Register. Accordingly,
the Coast Guard is establishing
temporary special local regulations on
specified waters of Mill Creek, Fort
Monroe, Hampton, Virginia.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866 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 temporary rule to be so minimal
that a full Regulatory Evaluation under
the regulatory policies and procedures
of DHS is unnecessary.
Although this regulation prevents
traffic from transiting a portion of Mill
Creek, near Fort Monroe, Hampton,
E:\FR\FM\29JNR1.SGM
29JNR1
36992
Federal Register / Vol. 71, No. 125 / Thursday, June 29, 2006 / Rules and Regulations
Virginia during the event, the effect of
this regulation will not be significant
due to the limited duration that the
regulated area will be in effect and the
extensive advance notifications that will
be made to the maritime community via
marine information broadcasts, local
commercial radio stations and area
newspapers so mariners can adjust their
plans accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we 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 will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit this section
of Mill Creek, Hampton, Virginia during
the event.
This rule will 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. Affected waterway users
may pass safely around the regulated
area with approval from the patrol
commander. Before the enforcement
period, we will issue maritime
advisories so mariners can adjust their
plans accordingly.
cprice-sewell on PROD1PC66 with RULES
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 rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
VerDate Aug<31>2005
14:28 Jun 28, 2006
Jkt 208001
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
Collection of Information
This 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 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 rule will not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
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
does not concern 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 would not have a substantial
and direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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
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
marine event 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
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Federal Register / Vol. 71, No. 125 / Thursday, June 29, 2006 / Rules and Regulations
I
(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.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
Dated: June 16, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E6–10255 Filed 6–28–06; 8:45 am]
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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 100 as follows:
Regulatory Information
On August 16, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled Drawbridge Operation
Regulations; Broward County Bridges,
Discussion of Comments and Changes
We received 89 comments: 2 petitions
with 58 signatures in favor of the
schedules, 79 letters from individual
1. The authority citation for part 100
continues to read as follows:
BILLING CODE 4910–15–P
Authority: 33 U.S.C. 1233, Department of
Homeland Security Delegation No. 0170.1.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
§ 100.35–T05–025
VA.
cprice-sewell on PROD1PC66 with RULES
I 2. Add a temporary section, § 100.35–
T05–025 to read as follows:
33 CFR Part 117
(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
076°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 participating vessels
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.
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Jkt 208001
Atlantic Intracoastal Waterway,
Broward County, Florida in the Federal
Register (70 FR 157). We received 86
letters commenting on the proposed
rule. No public meeting was requested,
and none was held
Background and Purpose
At the request of Broward County, the
Coast Guard published a temporary
deviation as a test regulation for
Broward County drawbridges in the
Federal Register (69 FR 67055). The test
was conducted for approximately 90
days to collect data to determine the
feasibility of changing the regulations
on all drawbridges in Broward County
crossing the Atlantic Intracoastal
Waterway, to meet the increased
demands of vehicular traffic and still
provide for the reasonable needs of
navigation. The test results indicated
that the proposed schedule allowed
both vehicular and vessel traffic the
opportunity to predict, on a scheduled
basis, when the bridges might be in the
open position. We received 205
comments, 182 were in favor of the test
schedules, 13 were in favor of keeping
the existing schedules, 8 comments
provided other recommended opening
schedules, and 2 were general in nature.
In light of the test period, the Coast
Guard published a Notice of Proposed
Rulemaking in the Federal Register on
August 16, 2005 (70 FR 48088) [CGD07–
04–136], delineating this proposed new
schedule. Due to the active hurricane
season and lack of public comments to
the previous Notice of Proposed
Rulemaking, we issued a Supplemental
Notice of Proposed Rulemaking in the
Federal Register on January 31, 2006
(71 FR 5030) [CGD07–04–136]. We
received 89 comments: 2 petitions with
58 signatures in favor of the schedules,
79 letters from individual citizens in
favor of the schedules, 2 letters from
municipalities in favor of the schedules,
5 letters from condominium
associations in favor of the schedules,
and 1 letter opposing the new
schedules.
The change in operating regulations
was requested by Broward County to
reduce burdens on county roadways and
to standardize drawbridge openings
throughout the county. The rule will
allow all drawbridges crossing the
Atlantic Intracoastal Waterway in
Broward County to operate on a
standardized schedule that would meet
the reasonable needs of navigation and
address vehicular traffic congestion.
I
Mill Creek, Hampton,
36993
[CGD07–04–136]
RIN 1625–AA09
Drawbridge Operation Regulation;
Broward County Bridges, Atlantic
Intracoastal Waterway, Broward
County, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the regulations governing the operation
of all Broward County drawbridges
across the Atlantic Intracoastal
Waterway, Broward County, Florida.
This rule will require these drawbridges
to open twice an hour. This schedule
will meet the reasonable needs of
navigation while accommodating
increased vehicular traffic flow
throughout the county.
DATES: This rule is effective July 31,
2006.
Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket [CGD07–04–136] and are
available for inspection or copying at
Commander (dpb), Seventh Coast Guard
District, 909 SE 1st Ave., Ste 432 Miami,
Florida 33131–3050 between 7:30 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Gwin Tate, Seventh Coast Guard District
Bridge Branch, (305) 415–6747.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
PO 00000
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]]>Agencies
[Federal Register Volume 71, Number 125 (Thursday, June 29, 2006)]
[Rules and Regulations]
[Pages 36991-36993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10255]
=======================================================================
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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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary 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: This rule is effective from 7:30 a.m. on August 18, 2006 to 6:30
p.m. on August 20, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD05-06-025 and are available for
inspection or copying at Commander (dpi), Fifth Coast Guard District,
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m.
and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager,
Inspections and Investigations Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION
Regulatory Information
On April 17, 2006, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Mill
Creek, Fort Monroe, Hampton, VA in the Federal Register (71 FR 19672).
We received no letters commenting on the proposed rule. No public
meeting was requested, and none was held.
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 Comments and Changes
The Coast Guard did not receive comments in response to the notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing temporary special local
regulations on specified waters of Mill Creek, Fort Monroe, Hampton,
Virginia.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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 temporary rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation prevents traffic from transiting a portion
of Mill Creek, near Fort Monroe, Hampton,
[[Page 36992]]
Virginia during the event, the effect of this regulation will not be
significant due to the limited duration that the regulated area will be
in effect and the extensive advance notifications that will be made to
the maritime community via marine information broadcasts, local
commercial radio stations and area newspapers so mariners can adjust
their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit this section of Mill Creek, Hampton, Virginia during the event.
This rule will 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. Affected waterway users may pass
safely around the regulated area with approval from the patrol
commander. Before the enforcement period, we will issue maritime
advisories so mariners can adjust their plans accordingly.
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 rule so that they can better evaluate
its effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This 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 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 rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
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 does not concern 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 would not have a substantial and 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 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 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 marine event 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
[[Page 36993]]
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.
0
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
0
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.
0
2. Add a temporary section, Sec. 100.35-T05-025 to read as follows:
Sec. 100.35-T05-025 Mill Creek, Hampton, VA.
(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]01'00'' N, to the east a line drawn along longitude
076[deg]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 participating vessels 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: June 16, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-10255 Filed 6-28-06; 8:45 am]
BILLING CODE 4910-15-P
