[Federal Register Volume 71, Number 97 (Friday, May 19, 2006)]
[Proposed Rules]
[Pages 29112-29115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7610]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD 11-06-004]
RIN 1625-AA08


Special Local Regulations for Marine Event; Sacramento River 
Bridge-to-Bridge Waterfront Festival, San Francisco Bay and Sacramento 
River, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations in the navigable waters of the Sacramento River for a 
waterfront festival to be held on July 21 through July 23, 2006. The 
event includes boat racing, speed trials, water-skiing, and wakeboard 
competitions. The proposed special local regulations are intended to 
prohibit vessels and people from entering into or remaining within a 
regulated area in order to ensure the safety of participants and 
spectators.

DATES: Comments and related material must reach the Coast Guard on or 
before June 19, 2006.

ADDRESSES: You may mail comments and related material to the Waterways 
Safety Branch, U.S. Coast Guard Sector San Francisco, Yerba Buena 
Island, San Francisco, California 94130. The Waterways Safety Branch 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being

[[Page 29113]]

available in the docket, will become part of this docket and will be 
available for inspection or copying at the Waterways Safety Branch 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer Brian Clark, U.S. Coast 
Guard Sector San Francisco, at (415) 399-3440, or the 24-hour Sector 
Command Center at (415) 399-3547.

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 CGD 11-06-
004, 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 
that your submission 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 plan to hold a public meeting at this time. But you may 
submit a request for a meeting by writing to the Waterways Safety 
Branch 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 separate notice in the 
Federal Register.

Background and Purpose

    The Sacramento Convention and Visitors Bureau, is sponsoring a 
waterfront festival on July 21, 22, and 23, 2006 in the waters of the 
Sacramento River in Downtown Sacramento. The marine event includes boat 
racing, speed trials, water-skiing, and wakeboard competitions and is 
meant for entertainment purposes. The event name, ``Bridge to Bridge 
Waterfront Festival'', references the center of the activity, which is 
located between the Tower Bridge and the I Street Bridge.
    In order to protect spectators, participants, vessels, and other 
property from the hazards associated with the high-speed vessel 
exhibitions that will be on display, we propose to establish special 
local regulations that will create a temporary regulated area around 
the event located on the Sacramento waterfront.

Discussion of Rule

    The Coast Guard proposes to establish temporary special local 
regulations on all navigable waters of the Sacramento River in an area 
approximately four thousand yards long by two hundred yards wide, 
bounded by the following positions: 38[deg] 35'49.0'' N, 121[deg] 
30'30.0'' W; thence to 38[deg] 35'49.0'' N, 121[deg] 30'23.0'' W; 
thence to 38[deg] 33'40.0'' N, 121[deg] 30'59.0'' W; thence to 38[deg] 
33'46.0'' N, 121[deg] 31'11.0'' W; thence returning to the point of 
origin. These regulations will be in effect during boat races, speed 
trials, wakeboard competitions, and water-skiing events scheduled 
between 12 p.m. and 5 p.m. on July 21, between 9 a.m. and 5 p.m. on 
July 22, and between 9 a.m. and 4 p.m. on July 23, 2006.
    The effect these proposed temporary special local regulations will 
be to restrict general navigation in the Sacramento River extending 
from the mouth of the American River south to the entrance of the 
Miller Park Marina during scheduled events. 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 specified 
times. The Patrol Commander of the event will allow vessel traffic to 
pass through the event area from approximately 2 p.m. to 2:30 p.m. on 
July 21, 2006, and from 12 p.m. to 12:30 p.m. on July 22 and July 23, 
2006. These regulations are needed to keep spectators and vessels a 
safe distance away from the waterfront festival during scheduled events 
in order to protect spectators, participants, vessels, and other 
property from the hazards associated with the high-speed vessel 
exhibitions that will be on display.

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 these proposed special local regulations will restrict 
boating traffic within a portion of the Sacramento River, the effect of 
this proposed rule will not be significant as the regulated area will 
be short in duration, the Bridge to Bridge Waterfront Festival is meant 
for public entertainment, and access to pass through the area will be 
permitted each day during designated times. The entities most likely to 
be affected are pleasure craft engaged in recreational activities and 
sightseeing.

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 will not have a significant economic impact on a substantial 
number of small entities for several reasons: (i) This proposed rule 
will encompass only a small portion of the waterway for a limited 
period of time, (ii) access to pass through the area will be permitted 
each day during designated times, and (iii) the maritime public will be 
advised in advance of these special local regulations via public notice 
to mariners. The small entities most likely to be affected by this 
proposed rule are owners and operators of pleasure craft engaged in 
recreational activities and sightseeing.
    If you think that your business, organization, or government 
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 process. 
If the rule will affect your small business, organization, or 
government jurisdiction and you have questions concerning its 
provisions, options for compliance, or assistance in understanding this 
rule, please contact

[[Page 29114]]

Petty Officer Brian Clark, U.S. Coast Guard Sector San Francisco, at 
(415) 399-3440.
    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 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 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 will not result in such an 
expenditure, we do discuss the effects of this proposed rule elsewhere 
in this preamble.

Taking of Private Property

    This proposed 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 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 proposed 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 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 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 proposed 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 those sections.
    A draft ``Environmental Analysis Check List'' and a draft 
``Categorical Exclusion Determination'' (CED) will be available in the 
docket where indicated under ADDRESSES. Comments on this section will 
be considered before we make the final decision on whether the rule 
should be categorically excluded 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 amends 
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, Department of Homeland Security 
Delegation No. 0170.1.

    2. Add temporary Sec.  100.35-T11-088 to read as follows:


Sec.  100.35-T11-088  Sacramento River Bridge-to-Bridge Waterfront 
Festival, San Francisco Bay and Sacramento River, CA.

    (a) Regulated Area. A regulated area is established for all 
navigable waters of the Sacramento River in an area approximately four 
thousand yards long by two hundred yards wide, bounded by the following 
positions: 38[deg] 35'49.0'' N, 121[deg]30'30.0'' W; thence to 
38[deg]35'49.0'' N, 121[deg]30'23.0'' W; thence to 38[deg] 33'40.0'' N, 
121[deg]30'59.0'' W; thence to 38[deg]33'46.0'' N, 121[deg]31'11.0'' W; 
thence returning to the point of origin. This area includes the portion 
of the Sacramento River extending from the mouth of the American River 
south to the entrance of the Miller Park Marina.
    (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 San Francisco.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector San Francisco with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (c) Special Local Regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.

[[Page 29115]]

    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol.
    (ii) Proceed as directed by an Official Patrol.
    (d) Enforcement Period. This section will be enforced from 12 p.m. 
to 5 p.m. on July 21, 9 a.m. to 5 p.m. on July 22, and from 9 a.m. to 4 
p.m. on July 23, 2006. The Patrol Commander of the event will allow 
vessel traffic to pass through the event area from approximately 2 p.m. 
to 2:30 p.m. on July 21, 2006 and from 12 p.m. to 12:30 p.m. on July 22 
and July 23, 2006. If the event concludes prior to the scheduled 
termination time, the Coast Guard will cease enforcement of the special 
local regulations and will announce that fact via Broadcast Notice to 
Mariners.

    Dated: April 30, 2006.
J.A. Breckenridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. E6-7610 Filed 5-18-06; 8:45 am]
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