[Federal Register Volume 70, Number 112 (Monday, June 13, 2005)]
[Proposed Rules]
[Pages 34078-34080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11589]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / 
Proposed Rules  

[[Page 34078]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Huntington-05-002]
RIN 1625-AA00


Safety Zone; Huntington, WV

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for the waters of the Ohio River. This safety zone is needed to protect 
participating vessels and mariners during the Huntington Challenge 
Tunnel Boat Race. With the exception of participating vessels and 
mariners, all vessels and persons are prohibited from transiting within 
this safety zone unless authorized by the Captain of the Port 
Huntington or a designated representative.

DATES: Comments and related material must reach the Coast Guard on or 
before July 13, 2005.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard, Marine Safety Office Huntington, 1415 Sixth Avenue, Huntington, 
West Virginia 25701, Attn: Petty Officer Andrew Caldwell. Marine Safety 
Office Huntington 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 Marine Safety Office Huntington, 1415 Sixth Avenue, 
Huntington, West Virginia, 25701 between 8 a.m. and 4 p.m., Monday 
through Friday except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer (PO) Andrew Caldwell, 
Marine Safety Office Huntington, WV, at (304) 529-5524, extension 2119.

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 [COTP 
Huntington 05-002], 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 Marine Safety Office Huntington at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The Big Sandy Superstore Arena will be conducting the Huntington 
Challenge Tunnel Boat Race on August 13 and 14, 2005. Race boats will 
be traveling at a very high rate of speed and at times may not be able 
to stop to avoid a collision if spectator or other vessels are 
operating in close proximity of the race course. A safety zone is 
needed to protect the race boats, operators and spectators from the 
potential safety hazards associated with this boat race.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone for 
the waters of the Ohio River beginning at mile 307.5 and ending at mile 
308.8, extending the entire width of the river. With the exception of 
participant vessels and those mariners operating participant vessels, 
all vessels and persons are prohibited from transiting within this 
safety zone unless authorized by the Captain of the Port Huntington or 
a designated representative. The term ``participant vessel'' includes 
all vessels registered with race officials to race or work in the 
event. They include race boats, rescue boats, tow boats and picket 
boats associated with the race. This rule is effective from 10 a.m. on 
August 13, 2005 until 7 p.m. on August 14, 2005. This rule will only be 
enforced from 10 a.m. until 7 p.m. on each day that it is effective. 
During non-enforcement hours all vessels will be allowed to transit 
through the safety zone without having to obtain permission from the 
Captain of the Port Huntington or a designated representative. The 
Captain of the Port Huntington will inform the public through broadcast 
notice to mariners of the enforcement periods for the safety zone.

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).
    This regulation will only be in effect for nine hours each day and 
notifications to the maritime community will be made through broadcast 
notice to mariners. During non-enforcement hours all vessels will be 
allowed to transit through the safety zone without having to obtain 
permission from the Captain of the Port Huntington or a designated 
representative. Additionally, 30-minute breaks will be scheduled every 
three hours to allow awaiting vessels to pass through the safety zone. 
The impacts on routine navigation are expected to be minimal.

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.

[[Page 34079]]

    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 may be small entities: the owners and operators 
of commercial and recreational vessels intending to transit the Ohio 
River during the effective period. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: (1) This rule will only be enforced from 10 
a.m. until 7 p.m. on each day that it is effective; (2) During non-
enforcement hours all vessels will be allowed to transit through the 
safety zone without permission from the Captain of the Port Huntington 
or a designated representative; and (3) 30-minute breaks will be 
scheduled every three hours to allow awaiting vessels to pass through 
the safety zone.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 could better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small businesses, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Petty Officer Andrew Caldwell at 
(304) 529-5524, extension 2119. 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 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 does not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect 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 does not 
create an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it 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 
system 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 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)(g), of the Instruction, from further environmental 
documentation because this rule is not expected to result in any 
significant adverse environmental impact as described in the National 
Environmental Policy Act of 1969 (NEPA).
    Under figure 2-1, paragraph (34)(g), of the Instruction, as 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this proposed 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 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping

[[Page 34080]]

requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. A new temporary Sec.  165.T08-053 is added to read as follows:


Sec.  165.T08-053  Safety Zone; Ohio River, Mile 307.5 to 308.8 
Huntington, WV.

    (a) Definition. As used in this section--
    Participant Vessel includes all vessels registered with race 
officials to race or work in the event. These vessels include race 
boats, rescue boats, tow boats and picket boats associated with the 
race.
    (b) Location. The following area is a safety zone: all waters of 
the Ohio River beginning at mile 307.5 and ending at mile 308.8, 
extending the entire width of the river.
    (c) Effective date. This rule is effective from 10 a.m. on August 
13, 2005 until 7 p.m. on August 14, 2005.
    (d) Periods of Enforcement. This rule will be enforced from 10 a.m. 
until 7 p.m. on each day that it is effective. The Captain of the Port 
Huntington or a designated representative will inform the public 
through broadcast notice to mariners of the enforcement periods for the 
safety zone.
    (e) Regulations: (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited to all 
persons and vessels except participant vessels and those vessels 
specifically authorized by the Captain of the Port Huntington or a 
designated representative.
    (2) Persons or vessels other than participating vessels and 
mariners requiring entry into or passage through the zone must request 
permission from the Captain of the Port Huntington or designated on-
scene patrol personnel. They may be contacted on VHF-FM Channel 13 or 
16 or by telephone at (304) 529-5524.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Huntington and designated on-scene U.S. Coast 
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard.

    Dated: April 25, 2005.
J.M. Michalowski,
Commander, U.S. Coast Guard, Captain of the Port Huntington.
[FR Doc. 05-11589 Filed 6-10-05; 8:45 am]
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