Safety Zone; Mentor Harbor Offshore Powerboat Race, Mentor, OH, 37038-37040 [05-12726]
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37038
Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Rules and Regulations
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
adopted by voluntary consensus
standards bodies.
VerDate jul<14>2003
15:51 Jun 27, 2005
Jkt 205001
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 M16475.1D,
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:
drawn between the following points:
southeasterly from a point along the
shoreline at latitude 39°21′50″ N.,
longitude 074°24′37″ W., to latitude
39°20′40″ N., longitude 074°23′50″ W.,
thence southwesterly to latitude
39°19′33″ N., longitude 074°26′52″ W.,
thence northwesterly to a point along
the shoreline at latitude 39°20′43″ N.,
longitude 074°27′40″ W., thence
northeasterly along the shoreline to
latitude 39°21′50″ N., longitude
074°24′37″ W. All coordinates reference
Datum NAD 1983.
(c) Special local regulations. (1)
Except for participating vessels 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 an Official
Patrol.
(d) Enforcement period. This section
will be enforced from 9:30 a.m. to 3:30
p.m. on July 17, 2005.
Dated: June 20, 2005.
Sally Brice-O’Hara,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 05–12728 Filed 6–27–05; 8:45 am]
BILLING CODE 4190–15–M
I
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 100.35–T05–067 to
read as follows:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
I
§ 100.35–T05–067
City, NJ.
Atlantic Ocean, Atlantic
(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 Sector
Delaware Bay.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Delaware Bay with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(3) Participating Vessels Include all
vessels participating in the OPA
Atlantic City Grand Prix under the
auspices of the Marine Event Permit
issued to the event sponsor and
approved by Commander, Coast Guard
Sector Delaware Bay.
(b) Regulated area. The regulated area
is established for the waters of the
Atlantic Ocean, adjacent to Atlantic
City, New Jersey, bounded by a line
PO 00000
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33 CFR Part 165
[CGD09–05–026]
RIN 1625–AA00
Safety Zone; Mentor Harbor Offshore
Powerboat Race, Mentor, OH
Coast Guard, DHS
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
the 2005 Mentor Harbor Offshore
Powerboat Race. The safety zone is
necessary to ensure the safety of the
people participating in this event on
July 10, 2005. The safety zone will
restrict vessels from portions of the
southern shore of Lake Erie.
DATES: This rule is effective from 12
p.m. (local) through 4 p.m. (local) on
Sunday July 10, 2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket (CGD09–05–
026) and are available for inspection or
E:\FR\FM\28JNR1.SGM
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Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Rules and Regulations
37039
copying at the U.S. Coast Guard Marine
Safety Office Cleveland, 1055 East Ninth
Street, Cleveland, Ohio 44114, between
the hours of 7:30 a.m. and 3:30 p.m.,
Monday through Friday, except Federal
Holidays.
FOR FURTHER INFORMATION CONTACT: LT
Allen Turner, U.S. Coast Guard Marine
Safety Office Cleveland, at (216) 937–
0128.
This determination is based on
limited time that the safety zone will be
in effect, and the extensive advance
notice will be made to the maritime
community via Local Notice to
Mariners, facsimile, and marine safety
information broadcasts. This regulation
is tailored to impose a minimal impact
on maritime interests without
compromising safety.
compliance, please contact Marine
Safety Office Cleveland (see
ADDRESSES).
SUPPLEMENTARY INFORMATION:
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant 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
commercial vessels intending to transit
a portion of the activated safety zone.
This safety zone would not have a
significant economic impact on a
substantial number of small entities for
the following reasons: The proposed
zone is only in effect for a few hours on
the day of the event. Before the
activation of the safety zone, the Coast
Guard will issue maritime advisories
available to users who may be impacted
through notification in the Local Notice
to Mariners, facsimile, and marine
safety information broadcasts.
Additionally, the Coast Guard has not
received any reports from small entities
that will be negatively affected.
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.
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has 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.
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. The exact
date of the event was not known with
sufficient time to allow for the
publication of an NPRM followed by an
effective date before the event.
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 this rule would be
contrary to the public interest of
ensuring the safety of spectators and
vessels during this event, and
immediate action is necessary to
prevent possible loss of life or property.
Background and Purpose
The following area is a safety zone:
All waters located within 400 yards of
the triangular race course as drawn by
a line from position 41°43′49″ N,
081°21′18″ W to position 41°46′02″ N,
081°20′51″ W and to 41°45′34″ N,
081°18′04″ W. Entry into, transit
through, or anchoring within this safety
zone is not allowed unless authorized
by the Captain of the Port Cleveland or
his designated on-scene representative.
The designated on-scene representative
will be the Coast Guard Patrol
Commander. The Coast Guard Patrol
Commander may be contacted via VHF
Channel 16.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866 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 this rule 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 paragraph
10(e) of the regulatory policies and
procedures of DHS is unnecessary.
VerDate jul<14>2003
15:51 Jun 27, 2005
Jkt 205001
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 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
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
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
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule 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
The Coast Guard has 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 concern 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 would not have a substantial
E:\FR\FM\28JNR1.SGM
28JNR1
37040
Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Rules and Regulations
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
procedure; and related management
system 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 proposed rule
under Commandant Instruction
M16475.1D, which guides 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 categorical
exclusion under Section 2.B.2 of the
Instruction. Therefore, we believe this
rule should be categorically excluded
under figure 2–1, paragraph 34(g) of the
Instruction, from further environmental
documentation.
A preliminary ‘‘Environmental
Analysis Check List’’ is available in the
docket where indicated under
VerDate jul<14>2003
15:51 Jun 27, 2005
Jkt 205001
Comments on this section
will be considered before we make the
final decision on whether the rule
should be categorically excluded from
further environmental review.
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. Add § 165.T09–026 to read as
follows:
§ 165.T09–026 Safety Zone; 2005 Mentor
Harbor Offshore Classic, Mentor, OH.
(a) Location. The following area is a
safety zone: All waters located within
400 yards of the triangular race course
as drawn by a line from position
41°43′49″ N, 081°21′18″ W to position
41°46′02″ N, 081°20′51″ W and to
41°45′34″ N, 081°18′04″ W.
(b) Effective Period. This section is
effective from noon (local) until 4 p.m.
(local) on Sunday July 10, 2005.
(c) Regulations. Entry into, transit
through, or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port Cleveland or his
designated on-scene representative. The
designated on-scene representative will
be the Coast Guard Patrol Commander.
The Coast Guard Patrol Commander
may be contacted via VHF Channel 16.
Dated: June 21, 2005.
Lorne W. Thomas,
Commander, U.S. Coast Guard, Captain of
the Port Cleveland.
[FR Doc. 05–12726 Filed 6–27–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 1 and 3
RIN 2900–AM09
Presumptions of Service Connection
for Diseases Associated With Service
Involving Detention or Internment as a
Prisoner of War
AGENCY:
PO 00000
Department of Veterans Affairs.
Frm 00032
Fmt 4700
Sfmt 4700
Affirmation of interim final rule
as final rule.
ACTION:
SUMMARY: This document affirms as
final, without change, an interim final
rule that established presumptions of
service connection for atherosclerotic
heart disease, hypertensive vascular
disease, and stroke in former prisoners
of war; set forth guidelines to govern
future actions by the Department of
Veterans Affairs (VA) to establish
presumptions of service connection for
other diseases associated with service
involving detention or internment as a
prisoner of war; and revised VA’s
regulations to conform to statutory
changes made by the Veterans Benefits
Act of 2003.
DATES: The interim final rule became
effective on October 7, 2004.
FOR FURTHER INFORMATION CONTACT:
Maya Ferrandino, Consultant,
Compensation and Pension Service,
Policy and Regulations Staff, Veterans
Benefits Administration, 810 Vermont
Avenue, NW., Washington, DC 20420,
(202) 273–7232.
SUPPLEMENTARY INFORMATION:
Background
In a document published in the
Federal Register on October 7, 2004 (69
FR 60083), VA issued an interim final
rule that set forth guidelines to govern
VA’s determinations as to whether
presumptions of service connection are
warranted for any disease based on a
finding that the disease may be
associated with service involving
detention or internment as a prisoner of
war (POW). The interim final rule also
established presumptions of service
connection, pursuant to those
guidelines, for atherosclerotic heart
disease, hypertensive vascular disease,
stroke, and their complications in
former POWs. Finally, the interim final
rule revised VA’s regulations to reflect
statutory changes made by section 201
of the Veterans Benefits Act of 2003,
Public Law No. 108–183, which revised
38 U.S.C. 1112(b) to remove, for certain
POW presumptive diseases, the
previous requirement that the former
POW must have been detained or
interned for at least 30 days in order to
qualify for the presumption. We
solicited public comments on the
interim final rule and we received
comments from one individual.
In the October 7, 2004, Federal
Register notice, we explained that VA
generally employs evidentiary
presumptions of service connection to
assist claimants who face unusually
difficult evidentiary burdens in
demonstrating entitlement to VA
E:\FR\FM\28JNR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Rules and Regulations]
[Pages 37038-37040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12726]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-026]
RIN 1625-AA00
Safety Zone; Mentor Harbor Offshore Powerboat Race, Mentor, OH
AGENCY: Coast Guard, DHS
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the 2005 Mentor Harbor Offshore Powerboat Race. The safety zone is
necessary to ensure the safety of the people participating in this
event on July 10, 2005. The safety zone will restrict vessels from
portions of the southern shore of Lake Erie.
DATES: This rule is effective from 12 p.m. (local) through 4 p.m.
(local) on Sunday July 10, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (CGD09-05-026) and are available for
inspection or
[[Page 37039]]
copying at the U.S. Coast Guard Marine Safety Office Cleveland, 1055
East Ninth Street, Cleveland, Ohio 44114, between the hours of 7:30
a.m. and 3:30 p.m., Monday through Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: LT Allen Turner, U.S. Coast Guard
Marine Safety Office Cleveland, at (216) 937-0128.
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. The exact date of the event
was not known with sufficient time to allow for the publication of an
NPRM followed by an effective date before the event.
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 this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this event, and immediate action is necessary to
prevent possible loss of life or property.
Background and Purpose
The following area is a safety zone: All waters located within 400
yards of the triangular race course as drawn by a line from position
41[deg]43'49'' N, 081[deg]21'18'' W to position 41[deg]46'02'' N,
081[deg]20'51'' W and to 41[deg]45'34'' N, 081[deg]18'04'' W. Entry
into, transit through, or anchoring within this safety zone is not
allowed unless authorized by the Captain of the Port Cleveland or his
designated on-scene representative. The designated on-scene
representative will be the Coast Guard Patrol Commander. The Coast
Guard Patrol Commander may be contacted via VHF Channel 16.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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 this rule 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 paragraph 10(e) of the regulatory
policies and procedures of DHS is unnecessary.
This determination is based on limited time that the safety zone
will be in effect, and the extensive advance notice will be made to the
maritime community via Local Notice to Mariners, facsimile, and marine
safety information broadcasts. This regulation is tailored to impose a
minimal impact on maritime interests without compromising safety.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant 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 commercial vessels
intending to transit a portion of the activated safety zone.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: The
proposed zone is only in effect for a few hours on the day of the
event. Before the activation of the safety zone, the Coast Guard will
issue maritime advisories available to users who may be impacted
through notification in the Local Notice to Mariners, facsimile, and
marine safety information broadcasts. Additionally, the Coast Guard has
not received any reports from small entities that will be negatively
affected.
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 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 Marine Safety Office Cleveland
(see ADDRESSES).
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 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 proposed 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
The Coast Guard has 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
concern 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 would not have a substantial
[[Page 37040]]
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 procedure; and related management
system 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 proposed rule under Commandant Instruction
M16475.1D, which guides 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 categorical exclusion under Section
2.B.2 of the Instruction. Therefore, we believe this rule should be
categorically excluded under figure 2-1, paragraph 34(g) of the
Instruction, from further environmental documentation.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
rule should be categorically excluded from further environmental
review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-026 to read as follows:
Sec. 165.T09-026 Safety Zone; 2005 Mentor Harbor Offshore Classic,
Mentor, OH.
(a) Location. The following area is a safety zone: All waters
located within 400 yards of the triangular race course as drawn by a
line from position 41[deg]43'49'' N, 081[deg]21'18'' W to position
41[deg]46'02'' N, 081[deg]20'51'' W and to 41[deg]45'34'' N,
081[deg]18'04'' W.
(b) Effective Period. This section is effective from noon (local)
until 4 p.m. (local) on Sunday July 10, 2005.
(c) Regulations. Entry into, transit through, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Cleveland or his designated on-scene representative. The
designated on-scene representative will be the Coast Guard Patrol
Commander. The Coast Guard Patrol Commander may be contacted via VHF
Channel 16.
Dated: June 21, 2005.
Lorne W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 05-12726 Filed 6-27-05; 8:45 am]
BILLING CODE 4910-15-P
