Special Local Regulations for Marine Events; Willoughby Bay, Norfolk, VA, 61032-61034 [05-21017]
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61032
Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations
U.S.C. 2601 et seq.), the United States
entered into a bilateral agreement with
the Republic of Nicaragua on October
20, 2000, concerning the imposition of
import restrictions on certain categories
of archeological material from the PreHispanic cultures of the Republic of
Nicaragua. On October 26, 2000,
Customs and Border Protection (CBP)
published T.D. 00–75 in the Federal
Register (65 FR 64140), which amended
19 CFR 12.104g(a) to reflect the
imposition of these restrictions and
included a list designating the types of
articles covered by the restrictions.
Import restrictions listed in 19 CFR
12.104g(a) are ‘‘effective for no more
than five years beginning on the date on
which the agreement enters into force
with respect to the United States. This
period can be extended for additional
periods not to exceed five years if it is
determined that the factors which
justified the initial agreement still
pertain and no cause for suspension of
the agreement exists’’ (19 CFR
12.104g(a)).
After reviewing the findings and
recommendations of the Cultural
Property Advisory Committee, the
Acting Assistant Secretary for
Educational and Cultural Affairs, United
States Department of State, concluding
that the cultural heritage of Nicaragua
continues to be in jeopardy from pillage
of Pre-Hispanic archaeological
resources, made the necessary
determination to extend the import
restrictions for an additional five years
on September 1, 2005. Accordingly, CBP
is amending 19 CFR 12.104g(a) to reflect
the extension of the import restrictions.
The Designated List of Pre-Columbian
(Pre-Hispanic) Archaeological Materials
from Nicaragua covered by these import
restrictions is set forth in T.D. 00–75.
The Designated List and accompanying
image database may also be found at the
following Internet Web site address:
https://exchanges.state.gov/culprop. The
restrictions on the importation of these
archaeological materials from the
Republic of Nicaragua are to continue in
effect for an additional 5 years.
Importation of such material continues
to be restricted unless:
(1) Accompanied by appropriate
export certification issued by the
Government of Nicaragua; or
(2) With respect to Pre-Columbian
material from archaeological sites
throughout Nicaragua, documentation
exists that exportation from Nicaragua
occurred prior to October 26, 2000.
Inapplicability of Notice and Delayed
Effective Date
This amendment involves a foreign
affairs function of the United States and
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15:59 Oct 19, 2005
Jkt 208001
is, therefore, being made without notice
or public procedure (5 U.S.C. 553(a)(1)).
In addition, CBP has determined that
such notice or public procedure would
be impracticable and contrary to the
public interest because the action being
taken is essential to avoid interruption
of the application of the existing import
restrictions (5 U.S.C. 553(b)(B)). For the
same reasons, pursuant to 5 U.S.C.
553(d)(3), a delayed effective date is not
required.
Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required, the provisions
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) do not apply.
Executive Order 12866
‘‘T.D. 00–75 extended by CBP Dec. 05–
33’’.
Robert C. Bonner,
Commissioner, Bureau of Customs and Border
Protection.
Approved: October 17, 2005.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 05–21049 Filed 10–19–05; 8:45 am]
BILLING CODE 9110–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–05–098]
This amendment does not meet the
criteria of a ‘‘significant regulatory
action’’ as described in Executive Order
12866.
RIN 1625–AA08
Special Local Regulations for Marine
Events; Willoughby Bay, Norfolk, VA
Signing Authority
AGENCY:
This regulation is being issued in
accordance with 19 CFR 0.1(a)(1).
ACTION:
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and
inspection, Imports, Prohibited
merchandise.
Amendment to CBP Regulations
For the reasons set forth above, part 12
of Title 19 of the Code of Federal
Regulations (19 CFR part 12), is
amended as set forth below:
I
PART 12—SPECIAL CLASSES OF
MERCHANDISE
1. The general authority citation for
part 12 and the specific authority
citation for § 12.104g continue to read as
follows:
I
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202
(General Note 3(i), Harmonized Tariff
Schedule of the United States (HTSUS)),
1624;
*
*
*
*
*
Sections 12.104 through 12.104i also
issued under 19 U.S.C. 2612;
*
*
*
*
*
§ 12.104
[Amended]
2. In § 12.104g(a), the table of the list
of agreements imposing import
restrictions on described articles of
cultural property of State Parties is
amended in the entry for Nicaragua by
removing the reference to ‘‘T.D. 00–75’’
in the column headed ‘‘Decision No.’’
and adding in its place the language
I
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Coast Guard, DHS.
Temporary final rule.
SUMMARY: The Coast Guard is
establishing temporary special local
regulations for ‘‘Hampton Roads
Sailboard Classic’’, a marine event to be
held on the waters of Willoughby Bay,
Norfolk, Virginia. 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
portions of Willoughby Bay during the
event.
DATES: This rule is effective from 9 a.m.
on October 29, 2005 to 5 p.m. on
October 30, 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 CGD05–05–098 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 M. Sens, Project Manager,
Auxiliary and Recreational Boating
Safety Branch, at (757) 398–6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On September 2, 2005, we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Special Local
Regulations for Marine Events;
Willoughby Bay, Norfolk, VA’’ in the
Federal Register (70 FR 52338). We
E:\FR\FM\20OCR1.SGM
20OCR1
Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations
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. Delaying its effective date
would be contrary to public interest,
since immediate action is needed to
protect event participants, spectator
craft and other vessels transiting the
event area from the dangers of highspeed power boats racing. However
advance notifications will be made to
affected waterway users via marine
information broadcasts, local radio
stations and area newspapers.
Background and Purpose
On October 29 and 30, 2005, the
Windsurfing Enthusiasts of Tidewater
will sponsor the ‘‘Hampton Roads
Sailboard Classic’’, on the waters of
Willoughby Bay, Norfolk, Virginia. The
event will consist of approximately 30
sailboards racing in heats along several
courses within Willoughby Bay.
Spectator vessels are anticipated to
gather near the event site to view the
competition. To provide for the safety of
event participants, spectators and
transiting vessels during the event, the
Coast Guard will temporarily restrict
vessel movement in the event area
during the sailboard races.
Discussion of Comments and Changes
No comments were received in
response to the notice of proposed
rulemaking (NPRM) published in the
Federal Register. Accordingly, the Coast
Guard is establishing temporary special
local regulations on specified waters of
Willoughby Bay. Since no comments
were received, no changes to this
regulation were made.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We expect the economic impact of
this temporary rule to be so minimal
that a full Regulatory Evaluation under
the regulatory policies and procedures
of DHS is unnecessary.
Although this regulation prevents
traffic from transiting a segment of
Willoughby Bay during the event, the
VerDate Aug<31>2005
15:59 Oct 19, 2005
Jkt 208001
impact 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 marine information
broadcasts, local radio stations and area
newspapers so mariners can adjust their
plans accordingly.
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 transit this section
of Willoughby Bay during the event.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. Transiting vessels
will be able to safely navigate around
the regulated area. Before the
enforcement period, we will issue
maritime advisories so mariners can
adjust their plans accordingly.
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 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
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
61033
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,
E:\FR\FM\20OCR1.SGM
20OCR1
61034
Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations
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.
analysis and documentation under those
sections. 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.
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.
List of Subjects in 33 CFR Part 100
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD,
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 event permit are
specifically excluded from further
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15:59 Oct 19, 2005
Jkt 208001
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. Add temporary § 100.35–T05–098
to read as follows:
I
§ 100.35–T05–098,
Norfolk, Virginia.
North
North
North
North
North
North
North
Longitude
076°18′42.0″
076°18′00.0″
076°18′14.0″
076°17′55.0″
076°18′06.0″
076°19′08.0″
076°18′42.0″
West
West
West
West
West
West
West
All coordinates reference Datum NAD
1983.
(b) 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
Hampton Roads.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Hampton Roads
with a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(3) Participant includes all vessels
participating in the Hampton Roads
Sailboard Classic under the auspices of
the Marine Event Permit issued to the
event sponsor and approved by
Commander, Coast Guard Sector
Hampton Roads.
(c) Special Local Regulations: (1)
Except for 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:
PO 00000
Frm 00010
Dated: October 11, 2005.
S. Ratti,
Captain, U.S. Coast Guard, Commander, Fifth
Coast Guard District, Acting.
[FR Doc. 05–21017 Filed 10–19–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Willoughby Bay,
(a) Regulated area. The regulated area
is established for the waters of
Willoughby Bay contained within the
following coordinates:
Latitude
36°58′36.0″
36°58′00.0″
36°57′49.0″
36°57′36.0″
36°57′26.0″
36°58′15.0″
36°58′36.0″
(i) Stop the vessel immediately when
directed to do so by any Official Patrol
and then proceed only as directed.
(ii) All persons and vessels shall
comply with the instructions of the
Official Patrol.
(iii) When authorized to transit the
regulated area, all vessels shall proceed
at the minimum speed necessary to
maintain a safe course that minimizes
wake near the race course.
(d) Enforcement period. This section
will be enforced from 9 a.m. to 5 p.m.
on October 29 and 30, 2005.
Fmt 4700
Sfmt 4700
33 CFR Part 100
[CGD05–05–104]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Spa Creek, Annapolis, MD
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: On September 1, 2005, the
Coast Guard published a notice of
proposed rulemaking (NPRM) in the
Federal Register requesting public
comments regarding establishment of
permanent special local regulations for
‘‘Tug-of-War’’, a marine event
conducted over the waters of Spa Creek
between Eastport and Annapolis,
Maryland. 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
portions of Spa Creek during the event.
DATES: Effective October 20, 2005. For
2005 only, this rule is enforced from
9:30 a.m. to 12 p.m. on October 29,
2005. Thereafter, this rule will be
enforced annually from 10:30 a.m. to
2:30 p.m. on the first Saturday in
November.
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 CGD05–05–104 and are available
for inspection or copying at Commander
(oax), Fifth Coast Guard District, 431
Crawford Street, Portsmouth, Virginia
ADDRESSES:
E:\FR\FM\20OCR1.SGM
20OCR1
]]>Agencies
[Federal Register Volume 70, Number 202 (Thursday, October 20, 2005)]
[Rules and Regulations]
[Pages 61032-61034]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21017]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-05-098]
RIN 1625-AA08
Special Local Regulations for Marine Events; Willoughby Bay,
Norfolk, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations for ``Hampton Roads Sailboard Classic'', a marine event to
be held on the waters of Willoughby Bay, Norfolk, Virginia. 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 portions of Willoughby Bay during the event.
DATES: This rule is effective from 9 a.m. on October 29, 2005 to 5 p.m.
on October 30, 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 CGD05-05-098 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 M. Sens, Project Manager,
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On September 2, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations for Marine Events;
Willoughby Bay, Norfolk, VA'' in the Federal Register (70 FR 52338). We
[[Page 61033]]
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. Delaying its effective date would
be contrary to public interest, since immediate action is needed to
protect event participants, spectator craft and other vessels
transiting the event area from the dangers of high-speed power boats
racing. However advance notifications will be made to affected waterway
users via marine information broadcasts, local radio stations and area
newspapers.
Background and Purpose
On October 29 and 30, 2005, the Windsurfing Enthusiasts of
Tidewater will sponsor the ``Hampton Roads Sailboard Classic'', on the
waters of Willoughby Bay, Norfolk, Virginia. The event will consist of
approximately 30 sailboards racing in heats along several courses
within Willoughby Bay. Spectator vessels are anticipated to gather near
the event site to view the competition. To provide for the safety of
event participants, spectators and transiting vessels during the event,
the Coast Guard will temporarily restrict vessel movement in the event
area during the sailboard races.
Discussion of Comments and Changes
No comments were received in response to the notice of proposed
rulemaking (NPRM) published in the Federal Register. Accordingly, the
Coast Guard is establishing temporary special local regulations on
specified waters of Willoughby Bay. Since no comments were received, no
changes to this regulation were made.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this temporary rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation prevents traffic from transiting a segment
of Willoughby Bay during the event, the impact 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 marine information broadcasts, local
radio stations and area newspapers so mariners can adjust their plans
accordingly.
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
transit this section of Willoughby Bay during the event.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons.
Transiting vessels will be able to safely navigate around the regulated
area. Before the enforcement period, we will issue maritime advisories
so mariners can adjust their plans accordingly.
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 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,
[[Page 61034]]
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.
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 event permit are specifically
excluded from further analysis and documentation under those sections.
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. Add temporary Sec. 100.35-T05-098 to read as follows:
Sec. 100.35-T05-098, Willoughby Bay, Norfolk, Virginia.
(a) Regulated area. The regulated area is established for the
waters of Willoughby Bay contained within the following coordinates:
Latitude Longitude
36[deg]58'36.0'' North 076[deg]18'42.0'' West
36[deg]58'00.0'' North 076[deg]18'00.0'' West
36[deg]57'49.0'' North 076[deg]18'14.0'' West
36[deg]57'36.0'' North 076[deg]17'55.0'' West
36[deg]57'26.0'' North 076[deg]18'06.0'' West
36[deg]58'15.0'' North 076[deg]19'08.0'' West
36[deg]58'36.0'' North 076[deg]18'42.0'' West
All coordinates reference Datum NAD 1983.
(b) 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 Hampton Roads.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Hampton Roads with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(3) Participant includes all vessels participating in the Hampton
Roads Sailboard Classic under the auspices of the Marine Event Permit
issued to the event sponsor and approved by Commander, Coast Guard
Sector Hampton Roads.
(c) Special Local Regulations: (1) Except for 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 and then proceed only as directed.
(ii) All persons and vessels shall comply with the instructions of
the Official Patrol.
(iii) When authorized to transit the regulated area, all vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the race course.
(d) Enforcement period. This section will be enforced from 9 a.m.
to 5 p.m. on October 29 and 30, 2005.
Dated: October 11, 2005.
S. Ratti,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,
Acting.
[FR Doc. 05-21017 Filed 10-19-05; 8:45 am]
BILLING CODE 4910-15-P
