Special Local Regulations for Marine Events; Western Branch, Elizabeth River, Portsmouth, VA, 15898-15900 [E8-6154]
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15898
Federal Register / Vol. 73, No. 59 / Wednesday, March 26, 2008 / Rules and Regulations
§ 218.57
defined as a check or wire transfer
message.
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Subpart D—Oil, Gas and Sulfur
Offshore
Subpart B—Oil and Gas, General
§ 218.154
37. Amend § 218.50 by revising
paragraph (b) to read as follows:
I
§ 218.50
Timing of payment.
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(b) Invoices will be issued and
payable as final collection actions.
Payments made on an invoice are due
as specified by the invoice.
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I 38. Amend § 218.51 by revising the
definition of ‘‘Invoice Document
Identification’’ in paragraph (a) and
revising paragraphs (f)(1) and (f)(2) to
read as follows:
§ 218.155
How to make payments.
sroberts on PROD1PC70 with RULES
§ 218.52 How does a lessee designate a
Designee?
(a) If you are a lessee under 30 U.S.C.
1702(7), and you want to designate a
person to make all or part of the
payments due under a lease on your
behalf under 30 U.S.C. 1712(a), you
must notify MMS or the applicable
delegated state in writing of such
designation by submitting Form MMS–
4425, Designation Form for Royalty
Payment Responsibility. Your
notification for each lease must include
the following:
(1) The lease number for the lease;
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(4) * * *
(i) A lessee of record (record title
owner) in the lease; or
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(c) If you want to terminate a
designation you made under paragraph
(a) of this section, you must submit a
revised Form MMS–4425 before the
termination stating:
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16:40 Mar 25, 2008
Jkt 214001
Method of payment.
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(a) * * *
Invoice Document Identification—The
MMS-assigned invoice document
identification (three-alpha and ninenumeric characters).
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(f) * * * (1) For Form MMS–2014
payments, you must include both your
payor code and your payor-assigned
document number.
(2) For invoice payments, including
RIK invoice payments, you must
include both your payor code and
invoice document identification.
*
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I 39. Amend § 218.52 by revising
paragraphs (a) introductory text, (a)(1),
(a)(4)(i) and (c) introductory text to read
as follows:
VerDate Aug<31>2005
[Amended]
41. Amend § 218.154, paragraph (c),
by removing the words ‘‘paragraph (a) of
this section’’ and adding in their place
the words ‘‘paragraph (b) of this
section.’’
I 42. Amend § 218.155, paragraph
(b)(2), by revising the fourth and fifth
sentences to read as follows:
I
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§ 218.51
[Removed]
40. Remove § 218.57.
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(b) * * *
(2) * * * The one-fifth bonus
amounts submitted with bids other than
the highest valid bid will be returned to
respective bidders after bids are opened,
recorded, and ranked. Return of such
amounts will not affect the status,
validity, or ranking of bids. * * *
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PART 227—DELEGATION TO STATES
43. Amend § 227.401(f) by revising to
read as follows:
I
§ 227.401 What are a state’s
responsibilities if it processes production
reports or royalty reports?
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(f) For production reports, maintain
adequate system software edits to
ensure compliance with the provisions
of 30 CFR part 210—Forms and Reports,
the MMS Minerals Production Reporter
Handbook, any interagency
memorandum of understanding to
which MMS is a party, and the
Standards;
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[FR Doc. E8–5929 Filed 3–25–08; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2008–0074]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Western Branch, Elizabeth
River, Portsmouth, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing temporary special local
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regulations during the ‘‘Virginia State
Hydroplane Championship’’ power boat
races, a marine event to be held on the
waters of the Western Branch of the
Elizabeth River at Portsmouth, Virginia
on April 19 and 20, 2008. 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 the Western Branch of the
Elizabeth River during the event.
This rule is effective from 8 a.m.
on April 19, 2008 through 6 p.m. on
April 20, 2008.
DATES:
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0074 and are available online at
www.regulations.gov. They are also
available for inspection or copying at
two locations: The Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays,
and the Fifth Coast Guard District,
Inspections and Investigations Branch,
431 Crawford Street, Portsmouth, VA
23704 between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Dennis Sens, Project Manager, Fifth
Coast Guard District, Inspections and
Investigations Branch, at (757) 398–
6204.
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. Publishing
an NPRM would be impracticable and
contrary to public interest since
immediate action is needed to minimize
potential danger to the public during the
event. The danger posed by high speed
power boat races makes special local
regulations necessary to provide for the
safety of event participants, support
vessels, spectator craft and other vessels
transiting the event area. For the safety
concerns noted, it is in the public
interest to have these regulations in
effect during the event. The Coast Guard
will issue broadcast notice to mariners
to advise vessel operators of
navigational restrictions. On scene Coast
Guard and local law enforcement
vessels will also provide actual notice to
mariners.
E:\FR\FM\26MRR1.SGM
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Federal Register / Vol. 73, No. 59 / Wednesday, March 26, 2008 / Rules and Regulations
Background and Purpose
On April 19 and 20, 2008, Virginia
Boat Racing Association will sponsor
the ‘‘Virginia State Hydroplane
Championship’’ hydroplane races on the
waters of the Western Branch, Elizabeth
River at Portsmouth, Virginia. The event
will consist of approximately 60
hydroplane powerboats conducting
high-speed competitive races on the
Western Branch of the Elizabeth River
in the vicinity of Portsmouth City Park,
Portsmouth, Virginia. A fleet of
spectator vessels is expected to gather
near the event site to view the
competition. To provide for the safety of
participants, spectators, support and
transiting vessels, the Coast Guard will
temporarily restrict vessel traffic in the
event area during the hydroplane races.
Discussion of Rule
The special local regulations will be
enforced from 8 a.m. to 6 p.m. on April
19 and 20, 2008, and will restrict
navigation in the regulated area during
the hydroplane 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 during the effective period. The
regulated area is needed to control
vessel traffic during the event to
enhance the safety of participants and
transiting vessels.
In addition to notice in the Federal
Register, the maritime community will
be provided extensive advance
notification via the Local Notice to
Mariners, marine information
broadcasts, local newspapers and radio
stations so mariners can adjust their
plans accordingly.
sroberts on PROD1PC70 with RULES
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. Although this
regulation will prevent traffic from
transiting a portion of the Western
Branch of the Elizabeth River during the
event, the effect of this regulation will
not be significant due to the limited
duration that the regulated area will be
VerDate Aug<31>2005
16:40 Mar 25, 2008
Jkt 214001
15899
in effect and the extensive advance
notifications that will be made to the
maritime community via the Local
Notice to Mariners, marine information
broadcasts, and area newspapers, so
mariners can adjust their plans
accordingly. Additionally, the regulated
area has been narrowly tailored to
impose the least impact on general
navigation yet provide the level of safety
deemed necessary. Vessel traffic will be
able to transit the regulated area
between heats, when the Coast Guard
Patrol Commander deems it is safe to do
so.
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). 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.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
a portion of the Western Branch,
Elizabeth River during the event.
This rule would not have a significant
economic impact on a substantial
number of small entities for the
following reasons. This rule would be in
effect for only a limited period. Vessel
traffic will be able to transit the
regulated area between heats, when the
Coast Guard Patrol Commander deems it
is safe to do so. Before the enforcement
period, we will issue maritime
advisories so mariners can adjust their
plans accordingly.
Federalism
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the 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
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Fmt 4700
Sfmt 4700
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).
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 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 create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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15900
Federal Register / Vol. 73, No. 59 / Wednesday, March 26, 2008 / Rules and Regulations
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.
Instruction, from further environmental
documentation. Special local
regulations issued in conjunction with a
regatta or marine event 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.
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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, and Waterways.
sroberts on PROD1PC70 with RULES
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
VerDate Aug<31>2005
16:40 Mar 25, 2008
Jkt 214001
Words of Issuance and Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
I
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35–T05–018
to read as follows:
I
§ 100.35–T05–018, Western Branch,
Elizabeth River, Portsmouth, VA.
(a) Regulated area includes all waters
of the Western Branch, Elizabeth River
bounded by a line connecting the
following points: latitude 36°50′06″ N,
longitude 076°22′27″ W, thence to
latitude 36°50′06″ N, longitude
076°21′57″ W, thence to latitude
36°50′15″ N, longitude 076° 21′55.8″ W,
thence to latitude 36°50′15″ N,
longitude 076°22′27″ W, thence to point
of origin. 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 Virginia State
Hydroplane Championship 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 event participants and
persons or vessels authorized by the
Coast Guard Patrol Commander, no
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Fmt 4700
Sfmt 4700
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.
(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.
(d) Enforcement period. This section
will be enforced from 8 a.m. to 6 p.m.
on April 19 and 20, 2008. A notice of
enforcement of this section will be
disseminated through the Fifth Coast
Guard District Local Notice to Mariners
announcing the specific event date and
times. Notice will also be made via
broadcast notice to mariners on VHFFM marine band radio channel 22
(157.1 MHz).
Dated: March 17, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E8–6154 Filed 3–25–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2008–0177]
Drawbridge Operation Regulations;
Harlem River, New York City, NY
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the TBTA Bridge across
the Harlem River, mile 1.3, at New York
City, New York. Under this temporary
deviation the TBTA Bridge may remain
in the closed position from May 1, 2008
through August 31, 2008. This deviation
is necessary to facilitate scheduled
bridge maintenance.
DATES: This deviation is effective from
May 1, 2008 through August 31, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0177 and are available online at https://
www.regulations.gov. They are also
available for inspection or copying at
two locations: the Docket Management
Facility (M–30), U.S. Department of
E:\FR\FM\26MRR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 59 (Wednesday, March 26, 2008)]
[Rules and Regulations]
[Pages 15898-15900]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6154]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0074]
RIN 1625-AA08
Special Local Regulations for Marine Events; Western Branch,
Elizabeth River, Portsmouth, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations during the ``Virginia State Hydroplane Championship'' power
boat races, a marine event to be held on the waters of the Western
Branch of the Elizabeth River at Portsmouth, Virginia on April 19 and
20, 2008. 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 the Western Branch of the
Elizabeth River during the event.
DATES: This rule is effective from 8 a.m. on April 19, 2008 through 6
p.m. on April 20, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0074 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and the Fifth
Coast Guard District, Inspections and Investigations Branch, 431
Crawford Street, Portsmouth, VA 23704 between 9 a.m. and 2 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager, Fifth
Coast Guard District, Inspections and Investigations Branch, at (757)
398-6204.
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. Publishing an NPRM would be
impracticable and contrary to public interest since immediate action is
needed to minimize potential danger to the public during the event. The
danger posed by high speed power boat races makes special local
regulations necessary to provide for the safety of event participants,
support vessels, spectator craft and other vessels transiting the event
area. For the safety concerns noted, it is in the public interest to
have these regulations in effect during the event. The Coast Guard will
issue broadcast notice to mariners to advise vessel operators of
navigational restrictions. On scene Coast Guard and local law
enforcement vessels will also provide actual notice to mariners.
[[Page 15899]]
Background and Purpose
On April 19 and 20, 2008, Virginia Boat Racing Association will
sponsor the ``Virginia State Hydroplane Championship'' hydroplane races
on the waters of the Western Branch, Elizabeth River at Portsmouth,
Virginia. The event will consist of approximately 60 hydroplane
powerboats conducting high-speed competitive races on the Western
Branch of the Elizabeth River in the vicinity of Portsmouth City Park,
Portsmouth, Virginia. A fleet of spectator vessels is expected to
gather near the event site to view the competition. To provide for the
safety of participants, spectators, support and transiting vessels, the
Coast Guard will temporarily restrict vessel traffic in the event area
during the hydroplane races.
Discussion of Rule
The special local regulations will be enforced from 8 a.m. to 6
p.m. on April 19 and 20, 2008, and will restrict navigation in the
regulated area during the hydroplane 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 during the effective
period. The regulated area is needed to control vessel traffic during
the event to enhance the safety of participants and transiting vessels.
In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, marine information broadcasts, local newspapers and
radio stations so mariners can adjust their plans accordingly.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. Although this regulation will prevent traffic
from transiting a portion of the Western Branch of the Elizabeth River
during the event, the effect of this regulation will not be significant
due to the limited duration that the regulated area will be in effect
and the extensive advance notifications that will be made to the
maritime community via the Local Notice to Mariners, marine information
broadcasts, and area newspapers, so mariners can adjust their plans
accordingly. Additionally, the regulated area has been narrowly
tailored to impose the least impact on general navigation yet provide
the level of safety deemed necessary. Vessel traffic will be able to
transit the regulated area between heats, when the Coast Guard Patrol
Commander deems it is safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 would affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of the Western Branch, Elizabeth
River during the event.
This rule would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule would be in effect for only a limited period. Vessel traffic will
be able to transit the regulated area between heats, when the Coast
Guard Patrol Commander deems it is safe to do so. 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 offer to assist small
entities in understanding the 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). 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 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 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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
[[Page 15900]]
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. Special local regulations issued in
conjunction with a regatta or marine event 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
Words of Issuance and Regulatory Text
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.
0
2. Add a temporary Sec. 100.35-T05-018 to read as follows:
Sec. 100.35-T05-018, Western Branch, Elizabeth River, Portsmouth, VA.
(a) Regulated area includes all waters of the Western Branch,
Elizabeth River bounded by a line connecting the following points:
latitude 36[deg]50'06'' N, longitude 076[deg]22'27'' W, thence to
latitude 36[deg]50'06'' N, longitude 076[deg]21'57'' W, thence to
latitude 36[deg]50'15'' N, longitude 076[deg] 21'55.8'' W, thence to
latitude 36[deg]50'15'' N, longitude 076[deg]22'27'' W, thence to point
of origin. 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 Virginia
State Hydroplane Championship 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 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.
(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.
(d) Enforcement period. This section will be enforced from 8 a.m.
to 6 p.m. on April 19 and 20, 2008. A notice of enforcement of this
section will be disseminated through the Fifth Coast Guard District
Local Notice to Mariners announcing the specific event date and times.
Notice will also be made via broadcast notice to mariners on VHF-FM
marine band radio channel 22 (157.1 MHz).
Dated: March 17, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-6154 Filed 3-25-08; 8:45 am]
BILLING CODE 4910-15-P
