Special Local Regulation: Annual Dragon Boat Races, Portland, OR, 14132-14134 [E6-4017]
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14132
Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules
under section 202, and have concluded
that, on balance, this proposed rule
provides the most cost-effective and
least burdensome alternative to achieve
the stated objectives associated with the
same.
List of Subjects in 31 CFR Part 103
Administrative practice and
procedure, Authority delegations
(Government agencies), Banks and
banking, Currency, Gambling, Indian
gaming, Investigations, Law
enforcement, Reporting and
recordkeeping requirements.
Authority and Issuance
For the reasons set forth in the
preamble, part 103 of Title 31 of the
Code of Federal Regulations is proposed
to be amended as follows:
PART 103—FINANCIAL
RECORDKEEPING AND REPORTING
OF CURRENCY AND FINANCIAL
TRANSACTIONS
1. The authority citation for part 103
continues to read as follows:
Authority: 12 U.S.C. 1829b and 1951–1959;
31 U.S.C. 5311–5314, 5316–5332; title III,
secs. 311, 312, 313, 314, 319, 326, 352, Pub.
L. 107–56, 115 Stat. 307.
Section 103.22 is amended by:
A. Revising paragraphs (b)(2)(i)(A),
(E), (G), and (H), and adding a new
paragraph (b)(2)(i)(I);
B. Revising paragraphs (b)(2)(ii)(A),
(E), (F), (H), and (I), and adding a new
paragraph (b)(2)(ii)(J); and
C. Adding a new paragraph (b)(2)(iii).
The revisions and additions read as
follows:
(F) Payments by a casino to a
customer based on receipt of funds
through wire transfers;
*
*
*
*
*
(H) Exchanges of currency for
currency, including foreign currency;
(I) Travel and complementary
expenses and gaming incentives; and
(J) Payment for tournament, contests
and other promotions.
(iii) Other provisions of this part
notwithstanding, a transaction in
currency or currency transaction for
purposes of §§ 102.22(b)(2) and (c)(3)
shall not include:
(A) Transactions between a casino
and a currency dealer or exchanger, or
between a casino and a check casher, as
those terms are defined in § 103.11(uu),
so long as such transactions are
conducted pursuant to a contractual or
other arrangement with a casino
covering the financial services in
§§ 103.22(b)(2)(i)(H), 103.22(b)(2)(ii)(G),
and 103.22(b)(2)(ii)(H); and
(B) Jackpots from slot machines or
video lottery terminals.
*
*
*
*
*
Dated: March 14, 2006.
Robert W. Werner,
Director, Financial Crimes Enforcement
Network.
[FR Doc. E6–4072 Filed 3–20–06; 8:45 am]
BILLING CODE 4820–03–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD13–06–007]
RIN 1625–AA08
*
cprice-sewell on PROD1PC66 with PROPOSALS
§ 103.22 Reports of transactions in
currency.
Special Local Regulation: Annual
Dragon Boat Races, Portland, OR
*
*
*
*
(b) * * *
(2) * * *
(i) * * *
(A) Purchases of chips, tokens, and
other gaming instruments;
*
*
*
*
*
(E) Bets of currency, including money
plays;
*
*
*
*
*
(G) Purchases of a casino’s check;
(H) Exchanges of currency for
currency, including foreign currency;
and
(I) Bills inserted into electronic
gaming devices.
(ii) * * *
(A) Redemptions of chips, tokens,
tickets, and other gaming instruments;
*
*
*
*
*
(E) Payments on bets;
VerDate Aug<31>2005
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Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish a permanent special local
regulation for the Dragon Boat Races
held annually the second Saturday and
Sunday of June on the waters of the
Willamette River, Portland, Oregon.
These special local regulations limit the
movement of non-participating vessels
in the regulated race area. This
proposed rule is needed to provide for
the safety of life on navigable waters
during the event.
DATES: Comments and related material
must reach the Coast Guard on or before
April 20, 2006.
ADDRESSES: You may mail comments
and related material to U.S. Coast Guard
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
Sector Portland, 6767 N. Basin Ave,
Portland, Oregon 97217. Waterways
Management maintains the public
docket [CGD13–06–007] for this
rulemaking. Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, will
become part of this docket and will be
available for inspection or copying at
U.S. Coast Guard Sector Portland
between 7 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
MST1 Charity Keuter, c/o Captain of the
Port Portland, 6767 N. Basin Ave,
Portland, OR 97217–3992, phone (503)
240–9311.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD13–06–007),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know if your comments reached us,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Public Meeting
We do not plan to hold a public
meeting. But you may submit a request
for a meeting by writing to U.S. Coast
Guard Sector Portland at the address
under ADDRESSES explaining why one
would be beneficial. If we determine
that one would aid this rulemaking, we
will hold one at a time and place
announced by a later notice in the
Federal Register.
Background and Purpose
This event may result in a number of
recreational vessels congregating near
the boat races. The regulated area is
needed to protect event participants.
Dragon Boats have very little freeboard
and are susceptible to swamping.
Accordingly, regulatory action is needed
in order to provide for the safety of
spectators and participants during the
event.
Discussion of Proposed Rule
This rule would control vessel
movements from entering the race event
E:\FR\FM\21MRP1.SGM
21MRP1
Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules
area. This regulated area will assist in
minimizing the inherent danger
associated with these races. In the event
that one of the dragon boats should
capsize due to excess speed from river
traffic, emergency assistance must have
immediate access to the craft. The Coast
Guard, through this action, intends to
promote the safety of personnel, vessels,
and facilities in the area. Due to these
concerns, public safety requires these
regulations to provide for the safety of
life on the navigable waters.
The Coast Guard proposes to create
this regulation by revising § 100.1302,
rather than create a new section in the
Code of Federal Regulations because the
annual Clarkston, Washington, Limited
Hydroplane Races that currently exist in
that section, is no longer an event which
occurs with any regularity. Those races
have not been conducted for at least five
years and the sponsor has stated that
they will no longer occur. The Dragon
Boat Races in Portland, Oregon,
however, is an event that that takes
place annually and would benefit from
a permanent rule.
cprice-sewell on PROD1PC66 with PROPOSALS
Regulatory Evaluation
This proposed 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 proposed rule to be so minimal
that a full Regulatory Evaluation of the
regulatory policies and procedures of
DHS is unnecessary. This expectation is
based on the fact that the regulated area
established by the proposed regulation
will encompass a small portion of the
river for eighteen hours over two days.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit a portion of
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15:06 Mar 20, 2006
Jkt 208001
14133
the Willamette River from 8 a.m. (PDT)
to 5 p.m. (PDT) on June 10th and 11th,
2006 and hereafter annually on the
second Saturday and Sunday in June.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This regulated area will not
have significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
in effect for only 18 hours and vessel
traffic will be allowed to safely pass
through the area with a ‘‘no wake’’ zone
enforced.
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.
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.
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 proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
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 Petty Officer
Charity Keuter at (503) 240–9301. 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.
Protection of Children
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed 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
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
Taking of Private Property
This proposed 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 proposed 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.
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed 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.
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14134
Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules
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 proposed 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.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 made a preliminary determination
that there are no factors in this case that
would limit the use of a categorical
exclusion under section 2.B.2 of the
Instruction. Therefore, we believe that
this rule should be categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction, from further
environmental documentation. Under
figure 2–1, paragraph (34)(h), of the
Instruction, an ‘‘Environmental Analysis
Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule. Comments on this
section will be considered before we
make the final decision on whether to
categorically exclude this rule from
further environmental review.
List of Subjects in 33 CFR Part 100
cprice-sewell on PROD1PC66 with PROPOSALS
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
§ 100.1302 Special Local Regulation,
Annual Dragon Boat Races, Portland,
Oregon.
(a) Regulated Area. All waters of the
Willamette River shore to shore,
bordered on the north by the Hawthorne
Bridge, and on the south by the
Marquam Bridge.
(b) Enforcement Period. The event is
a two day event which will be enforced
annually from 8 a.m. (PDT) to 5 p.m.
(PDT) on the second Saturday and
Sunday of June. In 2006, this regulation
will be enforced from 8 a.m. until 5 p.m.
on Saturday, June 10th and Sunday June
11th.
(c) Special Local Regulation. (1) Non
participant vessels are prohibited from
entering the race area unless authorized
by the Coast Guard Patrol Commander.
(2) All persons or vessels not
registered with the sponsor as
participants or not part of the regatta
patrol are considered spectators.
Spectator vessels must be moored to a
waterfront facility in a way that will not
interfere with the progress of the event
or have permission to enter the area
from the Mor Coast Guard patrol
commander. Spectators must proceed at
a safe speed as not to cause a wake. This
requirement will be strictly enforced to
preserve the safety of both life and
property.
(3) A succession of sharp, short
signals by whistle or horn from vessels
patrolling the area under the direction
of the Patrol Commander shall serve as
a signal to stop. Vessels signaled shall
stop and shall comply with the orders
of the patrol vessel. Failure to do so may
result in expulsion from the area,
citation for failure to comply, or both.
(4) The Coast Guard Patrol
Commander may be assisted by other
Federal, State and local law
enforcement agencies in enforcing this
regulation.
Dated: February 28, 2006.
R.R. Houck,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. E6–4017 Filed 3–20–06; 8:45 am]
BILLING CODE 4910–15–P
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
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.
2. Revise § 100.1302 to read as
follows:
VerDate Aug<31>2005
15:06 Mar 20, 2006
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DEPARTMENT OF LABOR
Office of Federal Contract Compliance
Programs
41 CFR Part 60–2
RIN 1215–AB53
Affirmative Action and
Nondiscrimination Obligations of
Contractors and Subcontractors;
Equal Opportunity Survey; Correction
Office of Federal Contract
Compliance Programs, Labor.
ACTION: Notice of proposed rulemaking;
correction; and extension of comment
period.
AGENCY:
SUMMARY: On January 20, 2006, the
Office of Federal Contract Compliance
Programs (OFCCP) published in the
Federal Register a notice of proposed
rulemaking (NPRM). The NPRM (71 FR
3373) proposes to amend the regulations
implementing Executive Order 11246 by
removing the current requirement for
nonconstruction federal contractors to
file the Equal Opportunity Survey (‘‘EO
Survey NPRM’’). This document
corrects the e-mail address for
submitting comments on the EO Survey
NPRM. Further, to ensure that all public
comments are received, this document
extends the comment period for the
proposed rule for seven (7) days.
Respondents who sent comments to the
earlier e-mail address are encouraged to
contact the person named below to find
out if their comments were received and
re-submit them to the e-mail address
below if necessary.
DATES: The comment period for the EO
Survey NPRM published January 20,
2006 (71 FR 3373) is extended to March
28, 2006.
FOR FURTHER INFORMATION CONTACT:
James C. Pierce, Acting Director,
Division of Policy, Planning, and
Program Development, Office of Federal
Contract Compliance Programs, 200
Constitution Avenue, NW., Room
N3422, Washington, DC 20210.
Telephone: (202) 693–0102 (voice) or
(202) 693–1337 (TTY).
SUPPLEMENTARY INFORMATION:
Correction
Due to an upgrade in the computer
system, the original e-mail address
published in the proposed rule is not
currently functioning and is not
receiving e-mail comments.
Accordingly, in FR Doc. 06–646
appearing on page 3373, in the Federal
Register of Friday, January 20, 2006, the
e-mail address shown, ‘‘ofccpmail@dol.esa.gov,’’ is corrected to read
‘‘OFCCP-Public@dol.gov.’’
E:\FR\FM\21MRP1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Proposed Rules]
[Pages 14132-14134]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4017]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD13-06-007]
RIN 1625-AA08
Special Local Regulation: Annual Dragon Boat Races, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a permanent special
local regulation for the Dragon Boat Races held annually the second
Saturday and Sunday of June on the waters of the Willamette River,
Portland, Oregon. These special local regulations limit the movement of
non-participating vessels in the regulated race area. This proposed
rule is needed to provide for the safety of life on navigable waters
during the event.
DATES: Comments and related material must reach the Coast Guard on or
before April 20, 2006.
ADDRESSES: You may mail comments and related material to U.S. Coast
Guard Sector Portland, 6767 N. Basin Ave, Portland, Oregon 97217.
Waterways Management maintains the public docket [CGD13-06-007] for
this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at U.S. Coast Guard Sector Portland between 7
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: MST1 Charity Keuter, c/o Captain of
the Port Portland, 6767 N. Basin Ave, Portland, OR 97217-3992, phone
(503) 240-9311.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD13-06-
007), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
your comments reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Public Meeting
We do not plan to hold a public meeting. But you may submit a
request for a meeting by writing to U.S. Coast Guard Sector Portland at
the address under ADDRESSES explaining why one would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
Background and Purpose
This event may result in a number of recreational vessels
congregating near the boat races. The regulated area is needed to
protect event participants. Dragon Boats have very little freeboard and
are susceptible to swamping. Accordingly, regulatory action is needed
in order to provide for the safety of spectators and participants
during the event.
Discussion of Proposed Rule
This rule would control vessel movements from entering the race
event
[[Page 14133]]
area. This regulated area will assist in minimizing the inherent danger
associated with these races. In the event that one of the dragon boats
should capsize due to excess speed from river traffic, emergency
assistance must have immediate access to the craft. The Coast Guard,
through this action, intends to promote the safety of personnel,
vessels, and facilities in the area. Due to these concerns, public
safety requires these regulations to provide for the safety of life on
the navigable waters.
The Coast Guard proposes to create this regulation by revising
Sec. 100.1302, rather than create a new section in the Code of Federal
Regulations because the annual Clarkston, Washington, Limited
Hydroplane Races that currently exist in that section, is no longer an
event which occurs with any regularity. Those races have not been
conducted for at least five years and the sponsor has stated that they
will no longer occur. The Dragon Boat Races in Portland, Oregon,
however, is an event that that takes place annually and would benefit
from a permanent rule.
Regulatory Evaluation
This proposed 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 proposed
rule to be so minimal that a full Regulatory Evaluation of the
regulatory policies and procedures of DHS is unnecessary. This
expectation is based on the fact that the regulated area established by
the proposed regulation will encompass a small portion of the river for
eighteen hours over two days.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
a portion of the Willamette River from 8 a.m. (PDT) to 5 p.m. (PDT) on
June 10th and 11th, 2006 and hereafter annually on the second Saturday
and Sunday in June.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This regulated area will not have significant
economic impact on a substantial number of small entities for the
following reasons. This rule will be in effect for only 18 hours and
vessel traffic will be allowed to safely pass through the area with a
``no wake'' zone enforced.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Petty Officer Charity Keuter at
(503) 240-9301. 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 proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed 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 proposed 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed 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.
[[Page 14134]]
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 proposed 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.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 made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(h), of the
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (34)(h), of the Instruction, an ``Environmental Analysis
Check List'' and a ``Categorical Exclusion Determination'' are not
required for this rule. Comments on this section will be considered
before we make the final decision on whether to categorically exclude
this rule from further environmental review.
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 proposes
to amend 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:
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1.
2. Revise Sec. 100.1302 to read as follows:
Sec. 100.1302 Special Local Regulation, Annual Dragon Boat Races,
Portland, Oregon.
(a) Regulated Area. All waters of the Willamette River shore to
shore, bordered on the north by the Hawthorne Bridge, and on the south
by the Marquam Bridge.
(b) Enforcement Period. The event is a two day event which will be
enforced annually from 8 a.m. (PDT) to 5 p.m. (PDT) on the second
Saturday and Sunday of June. In 2006, this regulation will be enforced
from 8 a.m. until 5 p.m. on Saturday, June 10th and Sunday June 11th.
(c) Special Local Regulation. (1) Non participant vessels are
prohibited from entering the race area unless authorized by the Coast
Guard Patrol Commander.
(2) All persons or vessels not registered with the sponsor as
participants or not part of the regatta patrol are considered
spectators. Spectator vessels must be moored to a waterfront facility
in a way that will not interfere with the progress of the event or have
permission to enter the area from the Mor Coast Guard patrol commander.
Spectators must proceed at a safe speed as not to cause a wake. This
requirement will be strictly enforced to preserve the safety of both
life and property.
(3) A succession of sharp, short signals by whistle or horn from
vessels patrolling the area under the direction of the Patrol Commander
shall serve as a signal to stop. Vessels signaled shall stop and shall
comply with the orders of the patrol vessel. Failure to do so may
result in expulsion from the area, citation for failure to comply, or
both.
(4) The Coast Guard Patrol Commander may be assisted by other
Federal, State and local law enforcement agencies in enforcing this
regulation.
Dated: February 28, 2006.
R.R. Houck,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. E6-4017 Filed 3-20-06; 8:45 am]
BILLING CODE 4910-15-P
