[Federal Register Volume 71, Number 207 (Thursday, October 26, 2006)]
[Rules and Regulations]
[Pages 62557-62559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17849]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD07-06-191]
RIN 1625-AA08


Special Local Regulation; ChampBoat Grand Prix of Savannah; 
Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation (SLR) for the ChampBoat Grand Prix of Savannah, a speed boat 
race occurring on the Savannah River. The regulated area is defined as 
all waters located between the width of the Savannah River bounded on 
the northern end by the U. S. Highway 17 (Talmadge) Bridge across the 
Savannah River and on the southern end by a line drawn at 146 degrees 
True from Day Board 62 on the left descending bank of the Savannah 
River. This special local regulation is necessary to ensure the safety 
of commercial and recreational vessels and personnel within the 
regulated area.

DATES: This rule is effective from 7 a.m. on November 4, 2006, until 9 
p.m. on November 5, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD07-06-191, and are available for 
inspection or copying at Coast Guard Marine Safety Unit Savannah, 100 
West Oglethorpe Avenue, Suite 1017, Savannah, Georgia 31401 between 
7:30 a.m. and 4 p.m., Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: LT Robert Webb, Waterways Management 
Officer, Coast Guard Marine Safety Unit Savannah, 912-652-4353.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. Under 5 U.S.C. 553(b), the Coast Guard finds that good cause 
exists for not publishing an NPRM. The sponsor's application for this 
event was not submitted to the Coast Guard with sufficient time for a 
public comment period before the event date. Publishing an NPRM, which 
would incorporate a comment period before a final rule could be issued, 
would be contrary to public safety interests since it would delay the 
effective date of the rule until after the date of the event. 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 to advise mariners of the regulated area 
and its requirements.

Background and Purpose

    Speedway Group, Inc. and ChampBoat Series, LLC., submitted an 
application for a marine event permit for the ChampBoat Grand Prix of 
Savannah, to be held November 4-5, 2006, in Savannah, GA. After close 
review of the application and through extensive conversation with port 
stakeholders, the Coast Guard approved the application. The approval of 
the application and issuance of the marine permit was contingent on the 
ability of race coordinators to periodically open the river to 
commercial traffic. The race

[[Page 62558]]

course will consist of a four-buoy, rectangle race course within the 
regulated area. The race buoys although within the regulated area will 
be placed outside of the navigational channel. Scheduled vessel traffic 
will be allowed to transit through the regulated area during a planned 
20-minute stoppage time during each hour of racing. In addition, vessel 
traffic will be allowed to transit in the morning and evening prior to 
and after race events. In the event there is a last minute change in 
scheduled traffic or exigent circumstances, the race coordinators will 
clear the river for vessel traffic to transit through the regulated 
area. Because of the high speeds and inherent dangers associated with 
powerboat racing, the Coast Guard is establishing this temporary 
special local regulation (SLR). This temporary SLR is necessary to 
ensure the safety of commercial and recreational vessels and personnel 
within the regulated area.

Discussion of Rule

    The ChampBoat Grand Prix of Savannah will be held November 4-5, 
2006, in Savannah, GA and will consist of powerboats racing a 
rectangular course at speeds up to 120 miles per hour. The regulated 
area is defined as all waters located between the width of the Savannah 
River bounded on the northern end by the U. S. Highway 17 (Talmadge) 
Bridge across the Savannah River and on the southern end by a line 
drawn at 146 degrees True from Day Board 62 on the left descending bank 
of the Savannah River.

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. Commercial vessel traffic 
will be allowed to transit through the regulated area at scheduled 
times throughout the day and before and after race activities.

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. 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 Savannah River between 8 a.m. 
and 6 p.m. on November 4-5, 2006. This SLR would not have a significant 
economic impact on a substantial number of small entities because it 
would only be in effect between 8 a.m. and 9 p.m. and vessel traffic 
would be allowed to pass through the zone with permission from the 
Coast Guard patrol commander.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pubic Law 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 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking. We also have a point of contact for commenting on actions 
by employees of the Coast Guard. 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).

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 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 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

[[Page 62559]]

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 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
preliminary determination 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, we believe that this rule should be 
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 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; Department of Homeland Security 
Delegation No. 0170.1.


0
2. A new temporary section Sec.  100.35T07-06-191 is added to read as 
follows:


Sec.  100.35T07-06-191  ChampBoat Grand Prix of Savannah; Savannah, 
Georgia.

    (a) Regulated Area. The regulated area is defined as all waters 
located between the width of the Savannah River bounded on the northern 
end by the U.S. Highway 17 (Talmadge) Bridge across the Savannah River 
and on the southern end by a line drawn at 146 degrees True from Day 
Board 62 on the left descending bank of the Savannah River.
    (b) Definitions. The following definitions apply to this section:
    Coast Guard Patrol Commander. The Coast Guard Patrol Commander is a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Sector Charleston, Charleston, 
South Carolina.
    (c) Special Local Regulations. Entry into the regulated area in 
paragraph (a) by other than event participants is prohibited unless 
otherwise authorized by the Coast Guard Patrol Commander. If entry is 
authorized, all persons shall be required to follow the instructions of 
the Coast Guard Patrol Commander. At the completion of scheduled races 
and departure of participants from the regulated area, and between 
scheduled racing events, traffic may resume normal operations, at the 
discretion of the Coast Guard Patrol Commander.
    (d) Enforcement period. This section will be enforced from 7 a.m. 
through 9 p.m. on November 4 and 5, 2006.
    (e) Effective period. This section is effective from 7 a.m. on 
November 4, 2006, until 9 p.m. on November 5, 2006.

    Dated: October 16, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
 [FR Doc. E6-17849 Filed 10-25-06; 8:45 am]
BILLING CODE 4910-15-P