Special Local Regulations; National Maritime Week Tugboat Races, Seattle, WA, 23936-23938 [05-9078]
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23936
Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Rules and Regulations
incorrectly retained in the rule
language. This document corrects the
amendatory language to remove those
subparagraphs.
List of Subjects
14 CFR Part 121
Air carriers, Aircraft, Aviation safety,
Reporting and recordkeeping
requirements, Safety, Transportation.
recurring action, the time and date
when the next action is required;
*
*
*
*
*
Issued in Washington, DC, on May 2, 2005.
Rebecca MacPherson,
Assistant Chief Counsel, Regulations
Division.
[FR Doc. 05–9138 Filed 5–5–05; 8:45 am]
BILLING CODE 4910–13–P
14 CFR Part 129
Air carriers, Aircraft, Aviation safety,
Reporting and recordkeeping
requirements.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
The Correcting Amendment
Accordingly, Title 14 of the Code of
Federal Regulations (CFR) parts 121 and
129 are amended as follows:
I
PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
1. The authority citation for part 121
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 40119,
41706, 44101, 44701–44702, 44705, 44709–
44711, 44713, 44716–44717, 44722, 44901,
44903–44904, 44912, 45101–45105, 46105,
46301.
2. Amend § 121.368 by revising
paragraph (d)(8) to read as follows:
I
§ 121.368 Aging airplane inspections and
records reviews.
(d) * * *
(8) Current status of applicable
airworthiness directives, including the
date and methods of compliance, and if
the airworthiness directive involves
recurring action, the time and date
when the next action is required;
*
*
*
*
*
PART 129—OPERATIONS: FOREIGN
AIR CARRIERS AND FOREIGN
OPERATORS OF U.S.-REGISTERED
AIRCRAFT ENGAGED IN COMMON
CARRIAGE
3. The authority citation for part 129
continues to read as follows:
I
Authority: 49 U.S.C. 1372, 40113, 40119,
44101, 44701–44702, 44705, 44709–44711,
44713, 44716–44717, 44722, 44901–44904,
44906, 44912, 46105, Pub. L. 107–71 sec 104.
4. Amend § 129.33 by revising
paragraph (c)(8) to read as follows:
I
§ 129.33 Aging airplane inspections and
records reviews for U.S.-registered
multiengine aircraft.
(c) * * *
(8) Current status of applicable
airworthiness directives, including the
date and methods of compliance, and if
the airworthiness directive involves
VerDate jul<14>2003
09:53 May 05, 2005
Jkt 205001
33 CFR Part 100
[CGD13–05–004]
RIN 1625–AA08
Special Local Regulations; National
Maritime Week Tugboat Races, Seattle,
WA
Background and Purpose
Coast Guard, DHS.
ACTION: Final rule.
AGENCY:
SUMMARY: The Coast Guard is
permanently amending the special local
regulation governing general navigation
and anchorage in the vicinity of the
Annual National Maritime Week
Tugboat Races, Seattle, Washington.
Changes made to this regulation will
clarify its annual enforcement date. This
change is intended to better inform the
boating public and to improve the level
of safety at this event. Entry into the
area established is prohibited unless
authorized by the Captain of the Port.
DATES: This rule is effective May 6,
2005.
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 [CGD13–05–004] and are
available for inspection or copying at
Marine Safety Office Puget Sound, 1519
Alaskan Way South, Seattle,
Washington 98134 between 8 a.m. and
4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
LTJG J. L. Hagen, c/o Captain of the Port
Puget Sound, 1519 Alaskan Way South,
Seattle, WA 98134, (206) 217–6002 or
(800) 688–6664.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Regulatory Information
On March 29, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Special Local Regulations;
National Maritime Week Tugboat Races,
Seattle, WA’’ in the Federal Register (70
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
FR 15786). We received no letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
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. Only the enforcement dates
currently published in 33 CFR 100.1306
will be changed by this modification.
Due to calendar cycles, the event may
fall on the second or third Saturday in
May. This modification will correct the
error to allow for the regulated area to
be enforced when the event occurs. In
2005, the event falls on the second
Saturday in May which is a period less
than 30 days from the date this final
rule will be published. It is in the public
interest that this special local regulation
be enforced on the date of the event to
protect the safety of event participants
and spectators.
Each year in May, the Annual
National Maritime Week Tugboat Races,
are held on the waters of Puget Sound
in Elliott Bay near Seattle, Washington.
Special local regulations in 33 CFR
100.1306 are enforced each year during
the event to provide for public safety by
controlling the movement of spectators
and participants in the area of the race
course.
This rule permanently amends 33
CFR 100.1306 requiring compliance
with the regulation each year on either
the second or third Saturday in May.
Specific times of compliance will be
published in the Federal Register each
year as a notice of enforcement.
The remainder of the existing
regulation remains unchanged.
Discussion of Comments and Changes
The Coast Guard received no
comments in response to the NPRM
proposing this final rule.
Discussion of Rule
The Coast Guard is permanently
amending 33 CFR 100.1306—Annual
National Maritime Week Tugboat Races,
Seattle, Washington, to require
compliance with the regulation each
year in May on the second or third
Saturday. The current regulation does
not accurately describe the enforcement
period. Due to calendar cycles, the event
may fall on the second or third Saturday
in May. This modification will correct
the error to allow for the regulated area
to be enforced for the safety of the
public when the event occurs.
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06MYR1
Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Rules and Regulations
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). Although this rule will restrict
access to the regulated area, the effect of
this rule will not be significant because:
(i) Vessels desiring to transit this area of
Elliott Bay may do so by scheduling
their trips in the early morning or
evening when the restrictions on general
navigation imposed by this section will
not be in effect; (ii) the regulated area is
limited in size; and (iii) the duration of
the event is less than four hours.
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 will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to operate near or
anchor in the vicinity of the regulated
area.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: (i) Vessels desiring to
transit this area of Elliott Bay may do so
by scheduling their trips in the early
morning or evening when the
restrictions on general navigation
imposed by this section will not be in
effect; (ii) the regulated area is limited
in size; and (iii) the duration of the
event is less than four hours. For these
reasons, the Coast Guard certifies under
5 U.S.C. 605(b) that this change will not
have a significant economic impact on
a substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
VerDate jul<14>2003
09:53 May 05, 2005
Jkt 205001
we offered 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 will affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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). 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 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
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
23937
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
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
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06MYR1
23938
Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Rules and Regulations
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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. Under figure 2–1,
paragraph (34)(h), of the Instruction, an
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are not required for this
rule.
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:
I
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. In § 100.1306 revise paragraph (c) to
read as follows:
I
§ 100.1306 National Maritime Week
Tugboat Races, Seattle, WA.
*
*
*
*
*
(c) Enforcement dates. This section is
enforced annually on the second or
third Saturday in May from 12 p.m. to
4:30 p.m. The event will be one day
only and the specific date will be
published each year in the Federal
Register. In 2005, this section will be
enforced from 12 p.m. to 4:30 p.m. on
Saturday May 14.
Dated: April 25, 2005.
J.M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 05–9078 Filed 5–5–05; 8:45 am]
BILLING CODE 4910–15–P
09:53 May 05, 2005
National Highway Traffic Safety
Administration
49 CFR Part 565
[Docket No. NHTSA–2005–21073]
Environment
VerDate jul<14>2003
DEPARTMENT OF TRANSPORTATION
Jkt 205001
Vehicle Identification Number
Requirements; Technical Amendment
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule; technical
amendment.
AGENCY:
SUMMARY: This document contains a
technical amendment to the agency’s
Vehicle Identification Number (VIN)
requirements. The amendment clarifies
the definition of ‘‘model year’’ included
in that regulation.
DATES: This rule is effective June 6,
2005.
Mr.
Eric Stas, Office of the Chief Counsel
(telephone (202) 366–2992) (fax (202)
366–3820); National Highway Traffic
Safety Administration, 400 Seventh
Street, SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Part 565
specifies the format, content, and
physical requirements for the VIN
system. The VIN system simplifies
vehicle identification information
retrieval and increases the accuracy and
efficiency of vehicle recall campaigns.
Section 565.3 provides definitions for
the part and contains a definition for
‘‘model year.’’ One of the items of the
information included in the vehicle’s
VIN is its model year.
Before NHTSA published a final rule
establishing part 565 (48 FR 22567, May
19, 1983), the VIN requirements
comprised Federal Motor Vehicle Safety
Standard (FMVSS) No. 115. The final
rule essentially moved the VIN
requirements to Part 565 from FMVSS
No. 115 without changing any
substantive requirements of FMVSS No.
115.
However, the new Part 565 did
contain some minor technical changes.
One of the changes concerned the
definition of ‘‘model year.’’ In its
migration from FMVSS No. 115 to Part
565, the definition of ‘‘model year’’ was
changed slightly, with the word
‘‘calendar’’ added to the text. Under the
current definition, ‘‘model year’’ is
defined as ‘‘the year used to designate
a discrete vehicle model irrespective of
the calendar year in which the vehicle
was actually produced, so long as the
actual period is less than 2 calendar
years’’ (emphasis added). Prior to the
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
change, the definition of ‘‘model year’’
read ‘‘the year used to designate a
discrete vehicle model irrespective of
the calendar year in which the vehicle
was actually produced, so long as the
actual period is less than 2 years’’
(emphasis added).
On November 19, 2002, we received
a letter from Erika Jones, Esq., asking
whether 49 CFR § 565.6(d)(1) permits a
manufacturer to designate vehicles as
belonging to a single model year, where
the production period for such vehicles
falls within three different calendar
years but runs for less than 24 months
in total. Relying on the ‘‘less than 2
calendar years’’ phrase of Section
565.3(j), we responded on February 4,
2003 to Ms. Jones’ inquiry, concluding
that Part 565 does not permit a
manufacturer to designate a single
model year where the production period
falls over a period of three calendar
years.
On January 7, 2005, we received a
letter from General Motors (GM) asking
us to reconsider our conclusion, as
stated in our February 4, 2003 letter to
Ms. Erika Jones. GM stated that our
interpretation was contrary to actual,
long-standing industry practices and
discussed the practical impacts of our
interpretation. GM further argued that
the interpretation creates an
unnecessary burden for vehicle
manufacturers because it is common
practice for a manufacturer to use a
model year designation for the
production of a vehicle that spans over
three calendar years, particularly when
a manufacturer introduces a substantial
design change for a vehicle model. This
practice allows the manufacturer to
‘‘obtain early experience with the
performance of a new model and to
correct problems, including potential
safety defects, before a large volume of
vehicles has been delivered to dealers
and customers.’’
After considering GM’s arguments, we
decided to rescind our February 4, 2003
interpretation. In a letter to GM dated
February 16, 2005, we stated that we
would interpret the term ‘‘model year’’
as a period not to exceed 24 months. We
noted that in the preamble to the 1983
rule establishing Part 565, we had
stated, ‘‘[t]he substantive requirements
of Standard 115 are unchanged by this
action.’’ That is, it was not the agency’s
intention to change the substantive
requirements of the VIN regulation or to
alter existing industry practices.
We now recognize that the addition of
the term ‘‘calendar’’ created confusion.
We are accordingly issuing this
technical amendment to clarify the
definition of ‘‘model year’’, consistent
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]]>Agencies
[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Rules and Regulations]
[Pages 23936-23938]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9078]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD13-05-004]
RIN 1625-AA08
Special Local Regulations; National Maritime Week Tugboat Races,
Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is permanently amending the special local
regulation governing general navigation and anchorage in the vicinity
of the Annual National Maritime Week Tugboat Races, Seattle,
Washington. Changes made to this regulation will clarify its annual
enforcement date. This change is intended to better inform the boating
public and to improve the level of safety at this event. Entry into the
area established is prohibited unless authorized by the Captain of the
Port.
DATES: This rule is effective May 6, 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 [CGD13-05-004] and are available for inspection or
copying at Marine Safety Office Puget Sound, 1519 Alaskan Way South,
Seattle, Washington 98134 between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG J. L. Hagen, c/o Captain of the
Port Puget Sound, 1519 Alaskan Way South, Seattle, WA 98134, (206) 217-
6002 or (800) 688-6664.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 29, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations; National Maritime Week
Tugboat Races, Seattle, WA'' in the Federal Register (70 FR 15786). We
received no letters commenting on the proposed rule. No public meeting
was requested, and none was held.
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. Only the enforcement dates
currently published in 33 CFR 100.1306 will be changed by this
modification. Due to calendar cycles, the event may fall on the second
or third Saturday in May. This modification will correct the error to
allow for the regulated area to be enforced when the event occurs. In
2005, the event falls on the second Saturday in May which is a period
less than 30 days from the date this final rule will be published. It
is in the public interest that this special local regulation be
enforced on the date of the event to protect the safety of event
participants and spectators.
Background and Purpose
Each year in May, the Annual National Maritime Week Tugboat Races,
are held on the waters of Puget Sound in Elliott Bay near Seattle,
Washington. Special local regulations in 33 CFR 100.1306 are enforced
each year during the event to provide for public safety by controlling
the movement of spectators and participants in the area of the race
course.
This rule permanently amends 33 CFR 100.1306 requiring compliance
with the regulation each year on either the second or third Saturday in
May. Specific times of compliance will be published in the Federal
Register each year as a notice of enforcement.
The remainder of the existing regulation remains unchanged.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the NPRM
proposing this final rule.
Discussion of Rule
The Coast Guard is permanently amending 33 CFR 100.1306--Annual
National Maritime Week Tugboat Races, Seattle, Washington, to require
compliance with the regulation each year in May on the second or third
Saturday. The current regulation does not accurately describe the
enforcement period. Due to calendar cycles, the event may fall on the
second or third Saturday in May. This modification will correct the
error to allow for the regulated area to be enforced for the safety of
the public when the event occurs.
[[Page 23937]]
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). Although this rule will restrict access to the
regulated area, the effect of this rule will not be significant
because: (i) Vessels desiring to transit this area of Elliott Bay may
do so by scheduling their trips in the early morning or evening when
the restrictions on general navigation imposed by this section will not
be in effect; (ii) the regulated area is limited in size; and (iii) the
duration of the event is less than four hours.
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 will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to operate
near or anchor in the vicinity of the regulated area.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i)
Vessels desiring to transit this area of Elliott Bay may do so by
scheduling their trips in the early morning or evening when the
restrictions on general navigation imposed by this section will not be
in effect; (ii) the regulated area is limited in size; and (iii) the
duration of the event is less than four hours. For these reasons, the
Coast Guard certifies under 5 U.S.C. 605(b) that this change will not
have a significant economic impact on a substantial number of small
entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered 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 will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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). 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 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 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
[[Page 23938]]
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. Under figure 2-1, paragraph (34)(h), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are 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. In Sec. 100.1306 revise paragraph (c) to read as follows:
Sec. 100.1306 National Maritime Week Tugboat Races, Seattle, WA.
* * * * *
(c) Enforcement dates. This section is enforced annually on the
second or third Saturday in May from 12 p.m. to 4:30 p.m. The event
will be one day only and the specific date will be published each year
in the Federal Register. In 2005, this section will be enforced from 12
p.m. to 4:30 p.m. on Saturday May 14.
Dated: April 25, 2005.
J.M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 05-9078 Filed 5-5-05; 8:45 am]
BILLING CODE 4910-15-P
