Special Local Regulation; Sunfish World Championship Regatta, Charleston Harbor, SC, 58281-58283 [E6-16334]
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Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations
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.
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.lD
and Department of Homeland Security
Management Directive 5100.1, which
guides the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction, from further
environmental documentation. Special
local regulations issued in conjunction
with a regatta or marine parade permit
are specifically excluded from further
analysis and documentation under that
section.
Under figure 2–1, paragraph (34)(h),
of the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
mstockstill on PROD1PC61 with RULES
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:
I
14:44 Oct 02, 2006
1. The authority citation for part 100
continues to read as follows:
I
Jkt 211001
Dated: September 18, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E6–16314 Filed 10–2–06; 8:45 am]
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
BILLING CODE 4910–15–P
2. Add a temporary § 100.35–T05–075
to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 100.35–T05–075
VA.
Coast Guard
I
Technical Standards
VerDate Aug<31>2005
PART 100—REGATTAS AND MARINE
PARADES
58281
Back River, Poquoson,
(a) Definitions: The following
definitions apply to this section; (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 Poquoson Seafood
Festival Workboat races under the
auspices of a Marine Event Permit
issued to the event sponsor and
approved by Commander, Coast Guard
Sector Hampton Roads.
(4) Regulated area includes the waters
of the Back River, Poquoson, Virginia,
bounded on the north by a line drawn
along latitude 37°06′30″ North, bounded
on the south by a line drawn along
latitude 37°06′15″ North, bounded on
the east by a line drawn along longitude
076°18′52″ West and bounded on the
west by a line drawn along longitude
076°19′30″ West. All coordinates
reference Datum NAD 1983.
(b) Special local regulations: (1)
Except for event participants and
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area.
(2) The operator of any vessel in the
regulated area shall: (i) Stop the vessel
immediately when directed to do so by
any Official Patrol.
(ii) Proceed as directed by any 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.
(c) Effective period. This section will
be enforced from 12 p.m. to 5 p.m. on
October 15, 2006.
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
33 CFR Part 100
[CGD07–06–174]
RIN 1625–AA08
Special Local Regulation; Sunfish
World Championship Regatta,
Charleston Harbor, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing temporary special local
regulations for the Sunfish World
Championship Regatta located in
Charleston Harbor, South Carolina. The
event will run from October 1, 2006
through October 6, 2006. This
Regulation is necessary to ensure safety
and security during this international
event, while also reducing the impact to
commercial traffic in Charleston Harbor.
DATES: This rule is effective from 8 a.m.
on October 1, 2006 until 6 p.m. on
October 6, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket CGD 07–06–
174 and are available for inspection or
copying at Coast Guard Sector
Charleston, Prevention Department
(WWM) between 7 a.m. and 3:30 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
CWO Hunter G. Crider, U.S. Coast
Guard Sector Charleston, South
Carolina, at (843) 724–7647.
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. An NPRM
would be impracticable and contrary to
the public interest since the specific
details of this event, including the race
course location, and dates were not
provided to the Coast Guard with
sufficient time to publish an NPRM and
receive public comments. This
regulation is necessary to ensure the
safety and security of participants and
E:\FR\FM\03OCR1.SGM
03OCR1
58282
Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations
vessel traffic during this event. The
Coast Guard will provide additional
notification of this event to the public
through broadcast notice to mariners
and a Coast Guard Patrol Commander
will be on-scene to provide notice to
spectators and other vessels in the area.
For the same reasons mentioned
above, and 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.
Background and Purpose
The Sunfish World Championship
Regatta is a sailing race that will consist
of one hundred Sunfish sailboats of
identical design and build, each
approximately 16 feet in length,
participating in race events over several
days. In order to ensure safety during
this event, the Coast Guard has defined
a regulated area within Charleston
Harbor where the competition will take
place and to ensure the safety and
security of the competitors, the Coast
Guard is establishing a ‘‘no entry’’ zone
around the fleet of participating vessels.
When by necessity a course is set across
the South Channel, which includes the
Atlantic Intracoastal Waterway, the ‘‘no
entry’’ zone will have the effect of
temporarily closing the South Channel
to non-participant vessel traffic in order
to allow the fleet to pass safely.
Discussion of Rule
The regulated area contains
Charleston Harbor’s ‘‘Middle Ground’’,
Anchorage area ‘‘Alpha’’ and is bound
by the following GPS points connected
to each other in a clockwise direction:
mstockstill on PROD1PC61 with RULES
A. 32°46.3′ N 079°53.6′ W
B. 32°47.1′ N 079°52.5′ W
C. 32°43.1′ N 079°52.5′ W
D. 32°45.3′ N 079°55.1′ W
E. 32°46.5′ N 079°55.4′ W
F. 32°46.6′ N 079°54.9′ W
G. 32°46.3′ N 079°54.6′ W and back to point
‘‘A’’.
While the regulation is enforced, nonparticipating vessels will be prohibited
from anchoring or mooring within the
regulated area unless authorized by the
Captain of the Port (COTP), Charleston,
South Carolina or the Coast Guard
Patrol Commander. During the
designated race times, the sailing
committee will establish and mark one
or more race courses within the
boundaries of the regulated area. Each
course will be designed to have races
that last approximately 2 hours in
duration. There will be no more than 3
races held on any given day. All races
will occur between the hours of 8 a.m.
and 6 p.m. local time. Given the
intended course designs and skill of the
VerDate Aug<31>2005
14:44 Oct 02, 2006
Jkt 211001
competitors, it is expected that at any
given time, the participants will occupy
only a portion of the regulated area. A
‘‘no entry’’ zone will follow the fleet
around courses set within the regulated
area. The ‘‘no entry’’ zone extends 200
yards ahead of the lead vessel and 50
yards from all participants.
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 DHS (44 FR 11040, February 26,
1979). The Coast Guard expects the
economic impact of this proposal to be
so minimal that a full Regulatory
Evaluation under paragraph 10e of the
regulatory policies and procedures of
DHS is unnecessary. This rule is only
effective for six hours on each day of the
regatta, and will expire thereafter.
Small Entities
Frm 00040
Fmt 4700
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could 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 revisions or options for
compliance, please contact the person
listed under FOR FURTHER INFORMATION
CONTACT for assistance in understanding
this rule. 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
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 may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit through the
regulated area of Charleston Harbor
during the hours of 8 a.m. to 6 p.m. on
each day from October 1, 2006 through
October 6, 2006. This special local
regulation will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. This regulation will
only be enforced a total of 10 hours per
day. Further, the courses will be set
within the regulated area to minimize
the impact on commercial traffic and
recreational vessel traffic. Lastly, it is
anticipated that the ‘‘no entry’’ zone
will only overlay the South Channel less
than 6 times per day, at intervals of less
than 30 minutes each time.
PO 00000
Assistance for Small Entities
Sfmt 4700
This 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 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
an 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 E.O. 12630,
Governmental Actions and Interference
E:\FR\FM\03OCR1.SGM
03OCR1
Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations
with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of E.O.
12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and
reduce burden.
Protection of Children
We have analyzed this rule under E.O.
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 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.
mstockstill on PROD1PC61 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
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
VerDate Aug<31>2005
14:44 Oct 02, 2006
Jkt 211001
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.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(h), of the
Instruction, from further environmental
documentation. 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.
58283
regulated area unless authorized by the
Coast Guard Captain of the Port of
Charleston or Coast Guard Patrol
Commander.
(2) Spectators and other nonparticipant vessels may enter and transit
through the regulated area but are
prohibited from entering into a mobile
buffer zone extending 50 yards in all
directions around all participants and
extending 200 yards ahead of the lead
boat during races.
(3) Spectators and non-participant
vessels are prohibited from anchoring,
mooring or otherwise stopping their
vessel within the confines of any
Navigational channel unless authorized
or directed by the Coast Guard Patrol
Commander.
(d) Enforcement Period. This rule will
be enforced from 8 a.m. to 6 p.m. daily
from October 1, 2006 through October 6,
2006.
(e) Effective Dates. This rule is
effective from October 1 to October 6,
2006.
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:
Dated: September 21, 2006.
J.A. Watson,
Captain, U.S. Coast Guard, Commander,
Seventh Coast Guard District, Acting.
[FR Doc. E6–16334 Filed 10–2–06; 8:45 am]
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
DEPARTMENT OF HOMELAND
SECURITY
I
1. The authority citation for part 100
continues to read as follows:
Coast Guard
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1
33 CFR Part 117
2. Add § 100.35T–07–174 to read as
follows:
BILLING CODE 4910–15–P
[CGD07–06–204]
I
§ 100.35T–07–174 Special Local
Regulation; Sunfish World Championship
Regatta, Charleston, South Carolina
(a) Regulated Area—The regulated
area is bounded by an imaginary line
connecting the following coordinates in
order as described below:
A. 32°46.3′ N 079°53.6′ W
B. 32°47.1′ N 079°52.5′ W
C. 32°43.1′ N 079°52.5′ W
D. 32°45.3′ N 079°55.1′ W
E. 32°46.5′ N 079°55.4′ W
F. 32°46.6′ N 079°54.9′ W
G. 32°46.3′ N 079°54.6′ W and back to point
‘‘A’’.
(b) Coast Guard Patrol Commander.
The Coast Guard Patrol Commander is
a commissioned, warrant, or petty
officer of the Coast Guard that has been
designated as such by the Captain of the
Port, Charleston, South Carolina.
(c) Regulations.
(1) No person or vessel shall be
anchored or moored within the
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
RIN 1625–AA09
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway Mile
1072.2, Hollywood, Broward County,
FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
temporarily changing the regulation
governing the operation of the
Hollywood Boulevard Drawbridge
across the Atlantic Intracoastal
Waterway mile 1072.2, Hollywood,
Broward County, Florida, due to repair
work on the bridge. This rule will
provide for worker and mariner safety
during the repairs to this drawbridge.
The drawbridge will be on single-leaf
operations during most of the repair
period and several waterway closures
will be needed.
DATES: This rule is effective from
October 3, 2006 to July 27, 2007.
E:\FR\FM\03OCR1.SGM
03OCR1
]]>Agencies
[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Rules and Regulations]
[Pages 58281-58283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16334]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-06-174]
RIN 1625-AA08
Special Local Regulation; Sunfish World Championship Regatta,
Charleston Harbor, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations for the Sunfish World Championship Regatta located in
Charleston Harbor, South Carolina. The event will run from October 1,
2006 through October 6, 2006. This Regulation is necessary to ensure
safety and security during this international event, while also
reducing the impact to commercial traffic in Charleston Harbor.
DATES: This rule is effective from 8 a.m. on October 1, 2006 until 6
p.m. on October 6, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD 07-06-174 and are available for
inspection or copying at Coast Guard Sector Charleston, Prevention
Department (WWM) between 7 a.m. and 3:30 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: CWO Hunter G. Crider, U.S. Coast Guard
Sector Charleston, South Carolina, at (843) 724-7647.
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. An NPRM would be impracticable
and contrary to the public interest since the specific details of this
event, including the race course location, and dates were not provided
to the Coast Guard with sufficient time to publish an NPRM and receive
public comments. This regulation is necessary to ensure the safety and
security of participants and
[[Page 58282]]
vessel traffic during this event. The Coast Guard will provide
additional notification of this event to the public through broadcast
notice to mariners and a Coast Guard Patrol Commander will be on-scene
to provide notice to spectators and other vessels in the area.
For the same reasons mentioned above, and 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.
Background and Purpose
The Sunfish World Championship Regatta is a sailing race that will
consist of one hundred Sunfish sailboats of identical design and build,
each approximately 16 feet in length, participating in race events over
several days. In order to ensure safety during this event, the Coast
Guard has defined a regulated area within Charleston Harbor where the
competition will take place and to ensure the safety and security of
the competitors, the Coast Guard is establishing a ``no entry'' zone
around the fleet of participating vessels. When by necessity a course
is set across the South Channel, which includes the Atlantic
Intracoastal Waterway, the ``no entry'' zone will have the effect of
temporarily closing the South Channel to non-participant vessel traffic
in order to allow the fleet to pass safely.
Discussion of Rule
The regulated area contains Charleston Harbor's ``Middle Ground'',
Anchorage area ``Alpha'' and is bound by the following GPS points
connected to each other in a clockwise direction:
A. 32[deg]46.3' N 079[deg]53.6' W
B. 32[deg]47.1' N 079[deg]52.5' W
C. 32[deg]43.1' N 079[deg]52.5' W
D. 32[deg]45.3' N 079[deg]55.1' W
E. 32[deg]46.5' N 079[deg]55.4' W
F. 32[deg]46.6' N 079[deg]54.9' W
G. 32[deg]46.3' N 079[deg]54.6' W and back to point ``A''.
While the regulation is enforced, non-participating vessels will be
prohibited from anchoring or mooring within the regulated area unless
authorized by the Captain of the Port (COTP), Charleston, South
Carolina or the Coast Guard Patrol Commander. During the designated
race times, the sailing committee will establish and mark one or more
race courses within the boundaries of the regulated area. Each course
will be designed to have races that last approximately 2 hours in
duration. There will be no more than 3 races held on any given day. All
races will occur between the hours of 8 a.m. and 6 p.m. local time.
Given the intended course designs and skill of the competitors, it is
expected that at any given time, the participants will occupy only a
portion of the regulated area. A ``no entry'' zone will follow the
fleet around courses set within the regulated area. The ``no entry''
zone extends 200 yards ahead of the lead vessel and 50 yards from all
participants.
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 DHS (44 FR 11040, February 26, 1979). The Coast Guard expects
the economic impact of this proposal to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DHS is unnecessary. This rule is only effective for
six hours on each day of the regatta, and will expire thereafter.
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 may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit through the regulated area of Charleston Harbor during the
hours of 8 a.m. to 6 p.m. on each day from October 1, 2006 through
October 6, 2006. This special local regulation will not have a
significant economic impact on a substantial number of small entities
for the following reasons. This regulation will only be enforced a
total of 10 hours per day. Further, the courses will be set within the
regulated area to minimize the impact on commercial traffic and
recreational vessel traffic. Lastly, it is anticipated that the ``no
entry'' zone will only overlay the South Channel less than 6 times per
day, at intervals of less than 30 minutes each time.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could 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 revisions or options
for compliance, please contact the person listed under FOR FURTHER
INFORMATION CONTACT for assistance in understanding this rule. 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 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 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 an 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 E.O. 12630, Governmental Actions and
Interference
[[Page 58283]]
with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under E.O. 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 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 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.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation. 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.
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 Sec. 100.35T-07-174 to read as follows:
Sec. 100.35T-07-174 Special Local Regulation; Sunfish World
Championship Regatta, Charleston, South Carolina
(a) Regulated Area--The regulated area is bounded by an imaginary
line connecting the following coordinates in order as described below:
A. 32[deg]46.3' N 079[deg]53.6' W
B. 32[deg]47.1' N 079[deg]52.5' W
C. 32[deg]43.1' N 079[deg]52.5' W
D. 32[deg]45.3' N 079[deg]55.1' W
E. 32[deg]46.5' N 079[deg]55.4' W
F. 32[deg]46.6' N 079[deg]54.9' W
G. 32[deg]46.3' N 079[deg]54.6' W and back to point ``A''.
(b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard that
has been designated as such by the Captain of the Port, Charleston,
South Carolina.
(c) Regulations.
(1) No person or vessel shall be anchored or moored within the
regulated area unless authorized by the Coast Guard Captain of the Port
of Charleston or Coast Guard Patrol Commander.
(2) Spectators and other non-participant vessels may enter and
transit through the regulated area but are prohibited from entering
into a mobile buffer zone extending 50 yards in all directions around
all participants and extending 200 yards ahead of the lead boat during
races.
(3) Spectators and non-participant vessels are prohibited from
anchoring, mooring or otherwise stopping their vessel within the
confines of any Navigational channel unless authorized or directed by
the Coast Guard Patrol Commander.
(d) Enforcement Period. This rule will be enforced from 8 a.m. to 6
p.m. daily from October 1, 2006 through October 6, 2006.
(e) Effective Dates. This rule is effective from October 1 to
October 6, 2006.
Dated: September 21, 2006.
J.A. Watson,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District,
Acting.
[FR Doc. E6-16334 Filed 10-2-06; 8:45 am]
BILLING CODE 4910-15-P
