Special Local Regulation for Marine Events; Pasquotank River, Camden, NC, 20049-20051 [05-7699]
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Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Rules and Regulations
Dated: March 24, 2005.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 05–7730 Filed 4–15–05; 8:45 am]
‘‘take into account its $80 of excluded
COD.’’ and add in their place the words
‘‘take into account its $80 of excluded
COD income.’’.
BILLING CODE 4160–01–S
Cynthia E. Grigsby,
Acting Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel, (Procedures and
Administration).
[FR Doc. 05–7636 Filed 4–15–05; 8:45 am]
DEPARTMENT OF THE TREASURY
Internal Revenue Service
BILLING CODE 4830–01–P
26 CFR Part 1
[TD 9192]
RIN 1545–BC38; RIN 1545–BC74; RIN 1545–
BC95
DEPARTMENT OF HOMELAND
SECURITY
Guidance Under Section 1502;
Application of Section 108 to Members
of a Consolidated Group; Correction
Coast Guard
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final regulations.
[CGD05–05–022]
AGENCY:
SUMMARY: This document corrects final
regulations, (TD 9192) that were
published in the Federal Register on
Tuesday, March 22, 2005 (70 FR 14395),
that govern the application of section
108 when a member of a consolidated
group realizes discharge of indebtedness
income.
DATES: This correction is effective on
March 22, 2005.
FOR FURTHER INFORMATION CONTACT:
Amber Cook, (202) 622–7530 (not a tollfree number).
SUPPLEMENTARY INFORMATION:
Background
The final regulations, temporary
regulations, and removal of temporary
regulations (TD 9192) that is the subject
of this correction is under section 1502
of the Internal Revenue Code.
Need for Correction
As published, (TD 9192) contains an
error that may prove to be misleading
and is in need of clarification.
Correction of Publication
Accordingly, the publication of the
final regulations, temporary regulations,
and removal of temporary regulations
(TD 9192) that were the subject of FR.
Doc. 05–5528, are corrected as follows:
I
PART 1—INCOME TAXES
1. The authority citation for 26 CFR
part 1 continues to read as follows:
I
Authority: 26 U.S.C. 7805, unless
otherwise noted. Section 1.1502–11 also
issued under 26 U.S.C. 1502.
§ 1.1502–11
[Corrected]
I 2. In § 1.1502–11, paragraph (c)(5),
Example 3, (ii)(E), remove the words
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33 CFR Part 100
RIN 1625–AA08
Special Local Regulation for Marine
Events; Pasquotank River, Camden,
NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing temporary special local
regulations during the ‘‘Camden Spring
Race’’, a marine event to be held over
the waters of the Pasquotank River at
Camden, North Carolina. 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 Pasquotank River during
the event.
DATES: This rule is effective from 9:30
a.m. on April 23, to 6:30 p.m. on April
24, 2005.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket CGD05–05–022 and are available
for inspection or copying at Commander
(oax), Fifth Coast Guard District, 431
Crawford Street, Portsmouth, Virginia
23704–5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Dennis Sens, Project Manager, Auxiliary
and Recreational Boating Safety 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
PO 00000
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Fmt 4700
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20049
an NPRM would be impracticable. The
event will take place on April 23 and
24, 2005. There is not sufficient time to
allow for a notice and comment period,
prior to the event. Immediate action is
needed to protect the safety of life at sea
from the danger posed by high-speed
powerboats.
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. Delaying the effective date
would be contrary to the public interest,
since immediate action is needed to
ensure the safety of the event
participants, spectator craft and other
vessels transiting the event area.
However advance notifications will be
made to affected waterway users via
marine information broadcasts and area
newspapers.
Background and Purpose
On April 23 and 24, 2005, the
Carolina Virginia Racing Association
will sponsor the ‘‘Camden Spring Race’’,
on the waters of the Pasquotank River at
Camden, North Carolina. The event will
consist of approximately 70
hydroplanes and runabout powerboats
conducting high-speed competitive
races on the Pasquotank River in the
vicinity of Shipyard Landing, Camden,
North Carolina. A fleet of approximately
50 spectator vessels is expected to
gather nearby to view the competition.
Due to the need for vessel control
during the event, vessel traffic will be
temporarily restricted to provide for the
safety of participants, spectators and
transiting vessels.
Discussion of Rule
The Coast Guard is establishing
temporary special local regulations on
specified waters of the Pasquotank River
adjacent to Shipyard Landing, Camden,
North Carolina. The regulated area
includes a section of the Pasquotank
River approximately 800 yards long, by
260 yards wide. The temporary special
local regulations will be enforced from
9:30 a.m. to 6:30 p.m. on April 23 and
24, 2005, and will restrict general
navigation in the regulated area during
the power boat race. 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 enforcement period.
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
E:\FR\FM\18APR1.SGM
18APR1
20050
Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Rules and Regulations
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 Pasquotank
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 Pasquotank 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.
If you think that your business,
organization, or governmental
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16:07 Apr 15, 2005
Jkt 205001
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 the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. 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
the address listed under ADDRESSES. 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 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 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.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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.
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
E:\FR\FM\18APR1.SGM
18APR1
Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Rules and Regulations
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 parade permit are
specifically excluded from further
analysis and documentation under that
section.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
I 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:
I
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 100.35–T05–022 to
read as follows:
I
§ 100.35–T05–022
Camden, NC.
Pasquotank River,
(a) 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 Group Cape
Hatteras.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Group Cape Hatteras with
a commissioned, warrant, or petty
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16:07 Apr 15, 2005
Jkt 205001
officer on board and displaying a Coast
Guard ensign.
(3) Participant includes all vessels
participating in the Camden Spring Race
under the auspices of the Marine Event
Permit issued to the event sponsor and
approved by Commander, Coast Guard
Group Cape Hatteras.
(b) Regulated area includes all waters
of the Pasquotank River, in an area
bound by the following points:
36°21′21.9″ N, 076°13′29.6″ W; thence to
36°21′17.8″ N, 076°13′37.8″ W; thence to
36°21′38.9″ N, 076°13′54.6″ W; thence to
36°21′43.3″ N, 076°13′45″ W; thence to
point of origin. All coordinates
reference Datum: NAD 1983.
(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) Unless otherwise directed by the
Official Patrol, operate at a minimum
wake speed not to exceed six (6) knots.
(d) Effective period. This section will
be effective from 9:30 a.m. on April 23,
to 6:30 p.m. on April 24, 2005.
(e) Enforcement period. It is expected
that this section will be enforced from
9:30 a.m. to 6:30 p.m. on April 23 and
24, 2005.
Dated: March 29, 2005.
Sally Brice-O’Hara,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 05–7699 Filed 4–15–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–04–215]
RIN 1625–AA09
Drawbridge Operation Regulations;
Chincoteague Channel, Chincoteague,
VA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the operating regulations that govern the
operation of the SR 175 Bridge, at mile
3.5, at Chincoteague, Virginia. The final
rule will require the draw to open on
PO 00000
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Fmt 4700
Sfmt 4700
20051
demand from midnight to 6 a.m., and on
the hour from 6 a.m. to midnight, except
from 7 a.m. to 5 p.m. on the last
consecutive Wednesday and Thursday
in July of every year, the draw need not
be opened. This change will reduce
vehicular traffic congestion, increasing
public safety and will extend the
structural and operational integrity of
the movable span, while still balancing
the needs of marine and vehicular
traffic.
DATES: This rule is effective May 18,
2005.
ADDRESSES: You may mail comments
and related material to Commander
(obr), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street,
Portsmouth, VA 23704–5004. The Fifth
Coast Guard District 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 Commander
(obr), Fifth Coast Guard District between
8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary
Heyer, Bridge Management Specialist,
Fifth Coast Guard District, at (757) 398–
6629.
SUPPLEMENTARY INFORMATION:
Regulatory History
On December 30, 2004 we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Drawbridge Operation
Regulation; Chincoteague Channel,
Chincoteague, VA’’ in the Federal
Register (69 FR 78373). We received six
letters commenting on the proposed
rule. No public hearing was requested.
Background and Purpose
The Virginia Department of
Transportation (VDOT) owns and
operates this swing-type bridge. The
current regulation allows the SR 175
Bridge, mile 3.5, at Chincoteague to
open on signal except the draw shall
remain in the closed position to vessels
from 7 a.m. to 5 p.m. on the last
consecutive Wednesday and Thursday
in July of every year.
On behalf of the Chincoteague Town
Council residents, and business owners
in the area, VDOT has requested a
change to the existing regulations for the
SR 175 Bridge. This final rule is an
effort to schedule the number of
drawbridge openings thereby reducing
traffic congestion for public safety. By
scheduling the number of openings this
change will also extend the structural
and operational integrity of the movable
E:\FR\FM\18APR1.SGM
18APR1
Agencies
[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Rules and Regulations]
[Pages 20049-20051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7699]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-05-022]
RIN 1625-AA08
Special Local Regulation for Marine Events; Pasquotank River,
Camden, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations during the ``Camden Spring Race'', a marine event to be
held over the waters of the Pasquotank River at Camden, North Carolina.
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 Pasquotank River during the event.
DATES: This rule is effective from 9:30 a.m. on April 23, to 6:30 p.m.
on April 24, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-05-022 and are available for inspection or
copying at Commander (oax), Fifth Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager,
Auxiliary and Recreational Boating Safety 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. The event will take place on April 23 and 24, 2005.
There is not sufficient time to allow for a notice and comment period,
prior to the event. Immediate action is needed to protect the safety of
life at sea from the danger posed by high-speed powerboats.
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. Delaying the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the safety of the event participants, spectator craft and other
vessels transiting the event area. However advance notifications will
be made to affected waterway users via marine information broadcasts
and area newspapers.
Background and Purpose
On April 23 and 24, 2005, the Carolina Virginia Racing Association
will sponsor the ``Camden Spring Race'', on the waters of the
Pasquotank River at Camden, North Carolina. The event will consist of
approximately 70 hydroplanes and runabout powerboats conducting high-
speed competitive races on the Pasquotank River in the vicinity of
Shipyard Landing, Camden, North Carolina. A fleet of approximately 50
spectator vessels is expected to gather nearby to view the competition.
Due to the need for vessel control during the event, vessel traffic
will be temporarily restricted to provide for the safety of
participants, spectators and transiting vessels.
Discussion of Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of the Pasquotank River adjacent to Shipyard
Landing, Camden, North Carolina. The regulated area includes a section
of the Pasquotank River approximately 800 yards long, by 260 yards
wide. The temporary special local regulations will be enforced from
9:30 a.m. to 6:30 p.m. on April 23 and 24, 2005, and will restrict
general navigation in the regulated area during the power boat race.
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 enforcement period.
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
[[Page 20050]]
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 Pasquotank 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 Pasquotank 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.
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 the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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 the address listed under
ADDRESSES. 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 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 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.
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
[[Page 20051]]
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 parade permit are specifically
excluded from further analysis and documentation under that section.
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. Add temporary Sec. 100.35-T05-022 to read as follows:
Sec. 100.35-T05-022 Pasquotank River, Camden, NC.
(a) 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 Group Cape Hatteras.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Group Cape Hatteras with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(3) Participant includes all vessels participating in the Camden
Spring Race under the auspices of the Marine Event Permit issued to the
event sponsor and approved by Commander, Coast Guard Group Cape
Hatteras.
(b) Regulated area includes all waters of the Pasquotank River, in
an area bound by the following points: 36[deg]21'21.9'' N,
076[deg]13'29.6'' W; thence to 36[deg]21'17.8'' N, 076[deg]13'37.8'' W;
thence to 36[deg]21'38.9'' N, 076[deg]13'54.6'' W; thence to
36[deg]21'43.3'' N, 076[deg]13'45'' W; thence to point of origin. All
coordinates reference Datum: NAD 1983.
(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) Unless otherwise directed by the Official Patrol, operate at
a minimum wake speed not to exceed six (6) knots.
(d) Effective period. This section will be effective from 9:30 a.m.
on April 23, to 6:30 p.m. on April 24, 2005.
(e) Enforcement period. It is expected that this section will be
enforced from 9:30 a.m. to 6:30 p.m. on April 23 and 24, 2005.
Dated: March 29, 2005.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-7699 Filed 4-15-05; 8:45 am]
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