[Federal Register Volume 71, Number 135 (Friday, July 14, 2006)]
[Rules and Regulations]
[Pages 40012-40014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10585]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-06-108]
RIN 1625-AA08


Special Local Regulation; Annual Greater Jacksonville Kingfish 
Tournament; Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: This rule temporarily suspends the current special local 
regulations, established for the Annual Greater Jacksonville Kingfish 
Tournament, Jacksonville, Florida, and adds a temporary final rule for 
the event due to changes in the tournament this year. This special 
local regulation is necessary to reflect the changes made to the 
tournament by the sponsor and to ensure the safety of participating 
vessels and spectators within the regulated area.

DATES: This rule is effective from July 17, 2006 to July 22, 2006.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket are part of docket [CGD 07-06-108] and are available for 
inspection and copying at Coast Guard Sector Jacksonville Prevention 
Department, 7820 Arlington Expressway, Suite 400, Jacksonville, 
Florida, 32211, between 8 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ensign Kira Peterson at Coast Guard 
Sector Jacksonville Prevention Department, Florida, tel: (904) 232-
2640, ext. 108.

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 a NPRM. The changes to this event were 
not relayed to the Coast Guard with enough time to allow for public 
comment. Publishing a NPRM with a comment period would delay the rule's 
effective date and is contrary to public interest because immediate 
action is necessary to protect the public and waters of the United 
States.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. The Coast Guard will 
issue a broadcast notice to mariners and Coast Guard or local law 
enforcement vessels will be in the vicinity of this zone to advise 
mariners of the restriction.

Background and Purpose

    The Greater Jacksonville Kingfish Tournament is held annually the 
second full week of July along the waters of the St. Johns River and 
the Atlantic Ocean. This regulation will temporarily change the eastern 
boundary of the regulated area found in paragraph (a) of Section 
100.710 from Lighted Buoy 7 (LLNR 7145) in approximate position 30-
23.56N, 081-23.04W, and Lighted Buoy 8 (LLNR 7150) in position 30-
24.03N, 081-23.01W, to Lighted Buoy 10 (LLNR 2190) at approximate 
position 30-24.376N, 081-24.998W. Changes are also being made to the 
effective dates found in paragraph (c) of Section 100.710 as the 
tournament will now take place the second full week after July 4th. 
Additionally, a new paragraph (b) is being added to define ``Minimum 
Safe Speed'' and existing paragraphs (b) and (c) are being redesignated 
(c) and (d) accordingly. Coast Guard Sector Jacksonville will issue a 
Local Notice to Mariners announcing times and dates the regulated area 
is in effect. Vessels transiting within the regulated area must travel 
at a Minimum Safe Speed.

Discussion of Rule

    This temporary rule is necessary to accommodate the changes by the

[[Page 40013]]

sponsor to the Annual Greater Jacksonville Kingfish Tournament. The 
regulated area found in 33 CFR 100.710 paragraph (a) will be revised to 
reflect the new eastern boundary set at Lighted Buoy 10 (LLNR 2190) at 
approximate position 30-24.376N, 081-24.998W. The tournament date found 
in paragraph (c) will reflect the new tournament date set for the 
second full week after July 4th (July 17 through July 22, 2006). 
Additionally, a new paragraph (b) will be added to define ``Minimum 
Safe Speed''. ``Minimum Safe Speed'' is the new speed restriction which 
will replace the current ``No Wake Speed''.
    Vessels transiting within the regulated area must travel at a 
Minimum Safe Speed. The regulated area is needed to control vessel 
traffic during the event to enhance the safety of participants and 
transiting vessels.

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.

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 
would not have a significant economic impact on a substantial number of 
small entities because the regulation only requires that vessels 
operate at a minimum safe speed within the zone, and does not prohibit 
any vessel or person from entering the zone.
    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 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 ENS Kira Peterson Sector 
Jacksonville Prevention Department, at (904) 232-2640, Ext. 108.

Collection of Information

    This 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 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 would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it 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 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,

[[Page 40014]]

which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(h) of the Instruction from further 
environmental documentation.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' is not required for this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard proposes to 
amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  100.710  [Suspended]

0
2. From July 17 to 22, 2006, suspend Sec.  100.710.

0
3. From July 17 to 22, 2006, add a new temporary Sec.  100.T07-108 to 
read as follows:


Sec.  100.T07-108  Annual Greater Jacksonville Kingfish Tournament; 
Jacksonville, Florida.

    (a) Regulated Area. A regulated area is established for the waters 
of the St. Johns River lying between an eastern boundary of the St. 
Johns River Lighted Buoy 10 (LLNR 2190) in approximate position 30-
24.376N, 081-24.998W, and the western boundary formed by Lighted Buoy 
25 (LLNR 7305) in approximate position 30-23.40N, 081-28.26W, and Short 
Cut Light 26 (LLNR 7130) in approximate position 30-23.46N, 081-28.16W 
with the northern and southern boundaries formed by the banks of the 
St. Johns and extended north from the boundary formed by the St. Johns 
River and the Intracoastal Waterway, Sisters Creek, to Lighted Buoy 83 
(LLNR 38330) on the Intracoastal Waterway.
    (b) Definition. The following definition applies to this section:
    Minimum Safe Speed means the speed at which a vessel proceeds when 
it is fully off plane, completely settled in the water and not creating 
excessive wake. Due to the different speeds at which vessels of 
different sizes and configurations may travel while in compliance with 
this definition, no specific speed is assigned to minimum safe speed. 
In no instance should minimum safe speed be interpreted as a speed less 
than that required for a particular vessel to maintain steerageway. A 
vessel is not proceeding at minimum safe speed if it is:
    (1) On a plane;
    (2) In the process of coming up onto or coming off a plane; or
    (3) Creating an excessive wake.
    (c) Regulations. Vessels operating in the regulated area must 
operate at Minimum Safe Speed.
    (d) Enforcement Period. This section will be enforced from 5 a.m. 
to 10 p.m. on July 17 to July 22, 2006.

    Dated: June 12, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
 [FR Doc. E6-10585 Filed 7-13-06; 8:45 am]
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