Special Local Regulations for Marine Events; Pamlico River, Washington, NC, 25214-25217 [E7-8509]
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Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules
not be reduced if it were continued. The
applicant must conduct the following
test sequence four times, for a total time
of not less than 120 minutes:
*
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*
*
*
(4) 30-minute OEI power, continuous
OEI power, or maximum continuous
power. Five minutes at whichever is the
greatest of rated 30-minute OEI power,
rated continuous OEI power, or rated
maximum continuous power, except
that, during the first test sequence, this
period shall be 65 minutes. However,
where the greatest rating power is 30minute OEI power, that sixty-five
minute period shall consist of 30
minutes at 30-minute OEI power
followed by 35 minutes at whichever is
the greater of continuous OEI power or
maximum continuous power.
*
*
*
*
*
(8) Idle. One minute at flight idle.
*
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8. Amend § 33.88 by removing
paragraph (b), redesignating (c) and (d)
as paragraphs (b) and (c), respectively;
and revising the text of the paragraph (a)
and the new paragraph (b) to read as
follows:
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§ 33.88
Engine overtemperature test.
(a) In addition to the test requirements
for the ratings as provided in paragraph
(b) of this section, each engine must run
for 5 minutes at maximum permissible
rpm with the gas temperature at least 75
°F (42 °C) higher than the maximum
rating’s steady-state operating limit.
Following this run, the turbine assembly
must be within serviceable limits.
(b) Each engine for which 30-second
OEI and 2-minute OEI ratings are
desired, that incorporates a means for
automatic temperature control within its
operating limitations in accordance with
§ 33.67(d), must run for a period of 4
minutes at the maximum power-on rpm
with the gas temperature at least 35 °F
(19 °C) higher than the maximum
operating limit at 30-second OEI rating.
Following this run, the turbine assembly
may exhibit distress beyond the limits
for an overtemperature condition
provided the engine is shown by
analysis or test, as found necessary by
the FAA, to maintain the integrity of the
turbine assembly.
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*
9. Revise § 33.93(b)(2) to read as
follows:
§ 33.93
Teardown inspection.
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(b) * * *
(2) Each engine may exhibit
deterioration in excess of that permitted
in paragraph (a)(2) of this section,
including some engine parts or
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components that may be unsuitable for
further use. The applicant must show by
inspection, analysis, test, or by any
combination thereof as found necessary
by the FAA, that structural integrity of
the engine is maintained; or
*
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10. Amend Appendix A to part 33 by
revising A33.4 to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–07–032]
RIN 1625–AA08
Appendix A to Part 33—Instructions for
Continued Airworthiness
Special Local Regulations for Marine
Events; Pamlico River, Washington,
NC
*
AGENCY:
*
*
*
*
A33.4 AIRWORTHINESS LIMITATIONS
SECTION
The Instructions for Continued
Airworthiness must contain a section titled
Airworthiness Limitations that is segregated
and clearly distinguishable from the rest of
the manual.
(a) For all engines:
(1) The Airworthiness Limitations section
must set forth each mandatory replacement
time, inspection interval, and related
procedure required for type certification. If
the Instructions for Continued Airworthiness
consist of multiple documents, the section
required under this paragraph must be
included in the principal manual.
(2) This section must contain a legible
statement in a prominent location that reads:
‘‘The Airworthiness Limitations section is
FAA approved and specifies maintenance
required under §§ 43.16 and 91.403 of Title
14 of the Code of Federal Regulations unless
an alternative program has been FAA
approved.’’
(b) For rotorcraft engines having 30-second
OEI and 2-minute OEI ratings:
(1) The Airworthiness Limitations section
must also prescribe the mandatory post-flight
inspections and maintenance actions
associated with any use of either 30-second
OEI or 2-minute OEI ratings. The applicant
must validate the adequacy of these
inspections and maintenance actions; and
(2) The applicant must establish an inservice engine evaluation program to ensure
the continued adequacy of the data for
§ 33.5(b)(4) pertaining to power availability
and the adequacy of the instructions for
mandatory post flight inspection and
maintenance actions. The program must
include service engine tests or equivalent
service engine test experience on engines of
similar design and evaluations of service
usage of the 30-second OEI or 2-minute OEI
ratings.
Issued in Washington, DC, on April 13,
2007.
John J. Hickey,
Director, Aircraft Certification Service.
[FR Doc. E7–7943 Filed 5–3–07; 8:45 am]
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ACTION:
Coast Guard, DHS.
Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to
establish temporary special local
regulations for the ‘‘SBIP—Fountain
Powerboats Kilo Run and Super Boat
Grand Prix’’, a marine event to be held
August 3 and August 5, 2007, on the
waters of the Pamlico River, near
Washington, North Carolina. 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 the Pamlico River
during the event.
DATES: Comments and related material
must reach the Coast Guard on or before
June 4, 2007.
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 415 at the same address between
9 a.m. and 2 p.m., Monday through
Friday, except Federal holidays; fax
them to (757) 398–6203; or e-mail them
to Dennis.M.Sens@uscg.mil. The
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,
Inspections and Investigations Branch,
at (757) 398–6204.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD05–07–032),
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Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules
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 Coast
Guard at 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.
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Background and Purpose
On August 3 and August 5, 2007,
Super Boat International Productions
Inc. will sponsor the ‘‘SBIP—Fountain
Super Boat Kilo Run and Super Boat
Grand Prix’’, on the Pamlico River, near
Washington, North Carolina. The event
will consist of approximately 40 highspeed powerboats racing in heats along
a 5-mile oval course on August 3 and 5,
2007. Preliminary speed trials along a
straight one-kilometer course will be
conducted on August 3, 2007.
Approximately 20 boats will participate
in the speed trials. Approximately 100
spectator vessels will gather nearby to
view the speed trials and the race. If
either the speed trials or races are
postponed due to weather, they will be
held the next day. During the speed
trials and the races, 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 Pamlico River
near Washington, North Carolina. The
temporary special local regulations will
be enforced from 6:30 a.m. to 12:30 p.m.
on August 3, 2007, and from 10:30 a.m.
to 4:30 p.m. on August 5, 2007. If either
the speed trials or races are postponed
due to weather, then the temporary
special local regulations will be
enforced during the same time period
the next day. The effect of the temporary
special local regulations will be to
restrict general navigation in the
regulated area during the speed trials
and races. Except for persons or vessels
authorized by the Coast Guard Patrol
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Commander, no person or vessel may
enter or remain in the regulated area.
Non-participating vessels will be
allowed to transit the regulated area
between races, when the Coast Guard
Patrol Commander determines it is safe
to do so. These regulations are needed
to control vessel traffic during the event
to enhance the safety of participants,
spectators and transiting vessels.
Regulatory Evaluation
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order. It is not
‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security
(DHS).
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
Although this proposed regulation
will prevent traffic from transiting a
portion of the Pamlico River near
Washington, North Carolina during the
event, the effect of this regulation will
not be significant due to the limited
duration that the regulated area will be
in effect. Extensive advance
notifications will be made to the
maritime community via Local Notice to
Mariners, marine information
broadcasts, local radio stations and area
newspapers, so mariners can adjust
their plans accordingly. Vessel traffic
may be able to transit the regulated area
between races, when the Coast Guard
Patrol Commander deems it is safe to do
so.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule would affect
the following entities, some of which
might be small entities: The owners or
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operators of vessels intending to transit
this section of the Pamlico River during
the event.
This proposed rule would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
enforced for only a short period, from
6:30 a.m. to 12:30 p.m. on August 3,
2007 and from 10:30 a.m. to 4:30 p.m.
on August 5, 2007. The regulated area
will apply to a segment of the Pamlico
River near the Washington, North
Carolina waterfront. Marine traffic may
be allowed to pass through the regulated
area with the permission of the Coast
Guard Patrol Commander. In the case
where the Patrol Commander authorizes
passage through the regulated area
during the event, vessels will be
required to proceed at the minimum
speed necessary to maintain a safe
course that minimizes wake near the
race course. Before the enforcement
period, we would issue maritime
advisories so mariners can adjust their
plans accordingly.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the Coast
Guard at the address listed under
ADDRESSES. The Coast Guard will not
retaliate against small entities that
question or complain about this rule or
any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
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Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
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This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
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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.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
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
2. Add temporary § 100.35–T05–032
to read as follows:
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(h), of the
Instruction, from further environmental
documentation. Special local
regulations issued in conjunction with a
regatta or marine parade permit are
specifically excluded from further
analysis and documentation under that
section.
Under figure 2–1, paragraph (34)(h),
of the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule. Comments on this
section will be considered before we
make the final decision on whether to
categorically exclude this rule from
further environmental review.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
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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.
§ 100.35–T05–032, Pamlico River,
Washington, North Carolina.
(a) Regulated area. The regulated area
is established for the waters of the
Pamlico River including Chocowinity
Bay, from shoreline to shoreline,
bounded on the south by a line running
northeasterly from Camp Hardee at
Latitude 35°28′23″ North, longitude
076°59′23″ West, to Broad Creek Point at
latitude 35°29′04″ North, longitude
076°58′44″ West, and bounded on the
north by the Norfolk Southern Railroad
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 North
Carolina.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector North Carolina with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(3) Participant includes all vessels
participating in the ‘‘Fountain Super
Boat Grand Prix’’ under the auspices of
the Marine Event Permit issued to the
event sponsor and approved by
Commander, Coast Guard Sector North
Carolina.
(c) Special local regulations. (1)
Except for event participants and
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area.
(2) The operator of any vessel in the
regulated area must: (i) Stop the vessel
immediately when directed to do so by
any Official Patrol and then proceed
only as directed.
(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 6:30 a.m. to 12:30
p.m. on August 3, 2007, and from 10:30
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a.m. to 4:30 p.m. on August 5, 2007. If
either the speed trials or the races are
postponed due to weather, then the
temporary special local regulations will
be enforced during the same time period
the next day.
Dated: April 24, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E7–8509 Filed 5–3–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–07–006]
RIN 1625–AA00
Safety Zone, Chicago Harbor, Navy
Pier Southeast, Chicago, IL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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SUMMARY: The Coast Guard is proposing
to establish a Safety Zone in Chicago
Harbor. This zone is intended to restrict
vessels from portions of Chicago Harbor
during fireworks displays that pose a
hazard to public safety. This zone is
necessary to protect the public from the
hazards associated with fireworks
displays.
DATES: Comments and related materials
must reach the Coast Guard on or before
June 4, 2007.
ADDRESSES: You may mail comments
and related material to Commander
Coast Guard Sector Lake Michigan, 2420
South Lincoln Memorial Drive,
Milwaukee, WI 53207. The Sector Lake
Michigan Prevention Department
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
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have further questions on this rule,
contact CWO Brad Hinken, Prevention
Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at (414) 747–
7154.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to submit
comments and related materials. If you
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submit a comment, please include your
name and address, identify the docket
number for this rulemaking [CGD09–07–
006], indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. You may submit your
comments and material by mail (see
ADDRESSES). If you submit them by mail
or delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit them by mail and
would like to know that they reached
the facility, please enclose a stamped,
self-addressed postcard or envelope. We
will consider all comments and material
received during the comment period,
which may result in a modification to
the rule.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a public meeting (see 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
This safety zone is necessary to
protect vessels and people from the
hazards associated with fireworks
displays. Such hazards include the
explosive danger of fireworks and debris
falling into the water that may cause
death or serious bodily harm.
Discussion of Rule
The proposed safety zone is necessary
to ensure the safety of vessels and
people during fireworks displays in
Chicago Harbor. The proposed safety
zone encompasses the waters of Lake
Michigan within Chicago Harbor
between the east end of the Chicago
Lock guidewall and Chicago Harbor
breakwater.
The Coast Guard Patrol Commander
will be on-scene while the safety zone
is enacted and inform the public that
the safety zone is being enforced. The
Captain of the Port will cause notice of
enforcement of the safety zone
established by this section to be made
by all appropriate means to the affected
segments of the public including
publication in the Federal Register as
practicable, in accordance with 33 CFR
165.7(a). Such means of notification
may also include, but are not limited to
Broadcast Notice to Mariners or Local
Notice to Mariners. The Captain of the
Port will issue a Broadcast Notice to
Mariners notifying the public when
enforcement of the safety zone
established by this section is suspended.
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The proposed safety zone replaces 33
CFR 165.918 Safety Zones; Annual
fireworks events in the Captain of the
Port Chicago Zone, (13) and (14). The
safety zone will encompass the waters
of Lake Michigan within Chicago Harbor
between the east end of the Chicago
Lock guidewall and the Chicago Harbor
breakwater beginning at 41°53′24″ N,
087°35′26″ W; then south to 41°53′09″
N, 087°35′26″ W; then east to 41°53′09″
N, 087°36′09″ W; then north to
41°53′24″ N, 087°36′09″ W; then back to
the point of origin.
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. It has not
been reviewed by the Office of
Management and Budget 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. The Coast Guard’s
use of this safety zone will be periodic
in nature and will likely not exceed
forty, one-hour events per year. This
safety zone will only be enforced during
the time the safety zone is actually in
use. Furthermore, this safety zone has
been designed to allow vessels to transit
unrestricted to portions of the harbor
not affected by the zone. The Coast
Guard expects insignificant adverse
impact to mariners from the activation
of this zone.
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.
We suspect that there may be small
entities affected by this rule but are
unable to provide more definitive
information as to the number of small
entities that may be affected. The risk,
outlined above, is severe and requires
that immediate action be taken. The
Coast Guard will evaluate whether a
substantial number of small entities are
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]]>Agencies
[Federal Register Volume 72, Number 86 (Friday, May 4, 2007)]
[Proposed Rules]
[Pages 25214-25217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8509]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-07-032]
RIN 1625-AA08
Special Local Regulations for Marine Events; Pamlico River,
Washington, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish temporary special local
regulations for the ``SBIP--Fountain Powerboats Kilo Run and Super Boat
Grand Prix'', a marine event to be held August 3 and August 5, 2007, on
the waters of the Pamlico River, near Washington, North Carolina. 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 the Pamlico River during the
event.
DATES: Comments and related material must reach the Coast Guard on or
before June 4, 2007.
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 415 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays; fax them to (757) 398-6203; or e-mail them to
Dennis.M.Sens@uscg.mil. The 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,
Inspections and Investigations Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-07-
032),
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indicate the specific section of this document to which each comment
applies, and give the reason for each comment. Please submit all
comments and related material in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying. If you would like to know they
reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Coast Guard at 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 3 and August 5, 2007, Super Boat International
Productions Inc. will sponsor the ``SBIP--Fountain Super Boat Kilo Run
and Super Boat Grand Prix'', on the Pamlico River, near Washington,
North Carolina. The event will consist of approximately 40 high-speed
powerboats racing in heats along a 5-mile oval course on August 3 and
5, 2007. Preliminary speed trials along a straight one-kilometer course
will be conducted on August 3, 2007. Approximately 20 boats will
participate in the speed trials. Approximately 100 spectator vessels
will gather nearby to view the speed trials and the race. If either the
speed trials or races are postponed due to weather, they will be held
the next day. During the speed trials and the races, 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 Pamlico River near Washington,
North Carolina. The temporary special local regulations will be
enforced from 6:30 a.m. to 12:30 p.m. on August 3, 2007, and from 10:30
a.m. to 4:30 p.m. on August 5, 2007. If either the speed trials or
races are postponed due to weather, then the temporary special local
regulations will be enforced during the same time period the next day.
The effect of the temporary special local regulations will be to
restrict general navigation in the regulated area during the speed
trials and races. Except for persons or vessels authorized by the Coast
Guard Patrol Commander, no person or vessel may enter or remain in the
regulated area. Non-participating vessels will be allowed to transit
the regulated area between races, when the Coast Guard Patrol Commander
determines it is safe to do so. These regulations are needed to control
vessel traffic during the event to enhance the safety of participants,
spectators and transiting vessels.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this proposed regulation will prevent traffic from
transiting a portion of the Pamlico River near Washington, North
Carolina during the event, the effect of this regulation will not be
significant due to the limited duration that the regulated area will be
in effect. Extensive advance notifications will be made to the maritime
community via Local Notice to Mariners, marine information broadcasts,
local radio stations and area newspapers, so mariners can adjust their
plans accordingly. Vessel traffic may be able to transit the regulated
area between races, when the Coast Guard Patrol Commander deems it is
safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit this section of the Pamlico
River during the event.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reasons. This
rule will be enforced for only a short period, from 6:30 a.m. to 12:30
p.m. on August 3, 2007 and from 10:30 a.m. to 4:30 p.m. on August 5,
2007. The regulated area will apply to a segment of the Pamlico River
near the Washington, North Carolina waterfront. Marine traffic may be
allowed to pass through the regulated area with the permission of the
Coast Guard Patrol Commander. In the case where the Patrol Commander
authorizes passage through the regulated area during the event, vessels
will be required to proceed at the minimum speed necessary to maintain
a safe course that minimizes wake near the race course. Before the
enforcement period, we would issue maritime advisories so mariners can
adjust their plans accordingly.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the Coast Guard at the address
listed under ADDRESSES. The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of
[[Page 25216]]
compliance on them. We have analyzed this proposed rule under that
Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation. Special local regulations issued in
conjunction with a regatta or marine parade permit are specifically
excluded from further analysis and documentation under that section.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Add temporary Sec. 100.35-T05-032 to read as follows:
Sec. 100.35-T05-032, Pamlico River, Washington, North Carolina.
(a) Regulated area. The regulated area is established for the
waters of the Pamlico River including Chocowinity Bay, from shoreline
to shoreline, bounded on the south by a line running northeasterly from
Camp Hardee at Latitude 35[deg]28'23'' North, longitude 076[deg]59'23''
West, to Broad Creek Point at latitude 35[deg]29'04'' North, longitude
076[deg]58'44'' West, and bounded on the north by the Norfolk Southern
Railroad 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 North Carolina.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector North Carolina with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(3) Participant includes all vessels participating in the
``Fountain Super Boat Grand Prix'' under the auspices of the Marine
Event Permit issued to the event sponsor and approved by Commander,
Coast Guard Sector North Carolina.
(c) Special local regulations. (1) Except for event participants
and persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area must: (i) Stop
the vessel immediately when directed to do so by any Official Patrol
and then proceed only as directed.
(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 6:30
a.m. to 12:30 p.m. on August 3, 2007, and from 10:30
[[Page 25217]]
a.m. to 4:30 p.m. on August 5, 2007. If either the speed trials or the
races are postponed due to weather, then the temporary special local
regulations will be enforced during the same time period the next day.
Dated: April 24, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-8509 Filed 5-3-07; 8:45 am]
BILLING CODE 4910-15-P
