Special Local Regulations for Marine Events; Delaware River, Delaware City, DE, 26225-26227 [06-4191]
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Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Rules and Regulations
City National Bank and Trust Company
Anytown, VA 00000–0000
Dear Mr./Mrs. XXXXXXXXX
In connection with a legitimate law
enforcement inquiry and pursuant to section
3402(5) and section 3408 of the Right to
Financial Privacy Act of 1978, 12 U.S.C. 3401
et. seq., and [cite Component’s
implementation of this Part], you are
requested to provide the following account
information pertaining to the subject:
[Describe the specific records to be
examined]
The [DoD Component] is without authority
to issue an administrative summons or
subpoena for access to these financial records
which are required for [Describe the nature
or purpose of the inquiry].
A copy of this request was [personally
served upon or mailed to the subject on
[date] who has [10 or 14] days in which to
challenge this request by filing an application
in an appropriate United States District Court
if the subject desires to do so.
Upon the expiration of the above
mentioned time period and absent any filing
or challenge by the subject, you will be
furnished a certification certifying in writing
that the applicable provisions of the Act have
been complied with prior to obtaining the
requested records. Upon your receipt of a
Certificate of Compliance with the Right to
Financial Privacy Act of 1978, you will be
relieved of any possible liability to the
subject in connection with the disclosure of
the requested financial records.
[Official Signature Block]
mstockstill on PROD1PC68 with RULES
Appendix L to Part 275—Format for
Customer Notice for Administrative or
Judicial Subpoena or for a Formal
Written Request
[Official Letterhead]
[Date]
Mr./Ms. XXXXX X. XXXX
1500 N. Main Street
Anytown, VA 00000–0000
Dear Mr./Ms. XXXX:
Information or records concerning your
transactions held by the financial institution
named in the attached [administrative
subpoena or summons] [judicial subpoena]
[request] are being sought by the [Agency/
Department] in accordance with the Right to
Financial Privacy Act of 1978, Title 12,
United States Code, Section 3401 et seq., and
[Component’s implementing document], for
the following purpose(s):
[List the purpose(s)]
If you desire that such records or
information not be made available, you must:
1. Fill out the accompanying motion paper
and sworn statement or write one of your
own, stating that you are the customer whose
records are being requested by the
Government and either giving the reasons
you believe that the records are not relevant
to the legitimate law enforcement inquiry
stated in this notice or any other legal basis
for objecting to the release of the records.
2. File the motion and statement by
mailing or delivering them to the clerk of any
one of the following United States District
Courts:
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15:18 May 03, 2006
Jkt 208001
[List applicable courts]
3. Serve the Government authority
requesting the records by mailing or
delivering a copy of your motion and
statement to: [Give title and address].
4. Be prepared to come to court and
present your position in further detail.
5. You do not need to have a lawyer,
although you may wish to employ one to
represent you and protect your rights.
If you do not follow the above procedures,
upon the expiration of 10 days from the date
of personal service or 14 days from the date
of mailing of this notice, the records or
information requested therein may be made
available. These records may be transferred
to other Government authorities for
legitimate law enforcement inquiries, in
which event you will be notified after the
transfer.
[Signature]
[Name and title of official]
[DoD Component]
[Telephone]
Attachments—3
1. Copy of request
2. Motion papers
3. Sworn statement
Appendix M to Part 275—Format for
Certificate of Compliance With the
Right to Financial Privacy Act of 1978
[Official Letterhead]
[Date]
Mr./Mrs. XXXXXXXXX
Manager
Army Federal Credit Union
Fort Anywhere, VA 00000–0000
Dear Mr./Mrs. XXXXXXXXX
I certify, pursuant to section 3403(b) of the
Right to Financial Privacy Act of 1978, 12
U.S.C. 3401 et. seq., that the applicable
provisions of that statute have been complied
with as to the [Customer’s authorization,
administrative subpoena or summons, search
warrant, judicial subpoena, formal written
request, emergency access, as applicable]
presented on [date], for the following
financial records of [customer’s name]:
[Describe the specific records]
Pursuant to section 3417(c) of the Right to
Financial Privacy Act of 1978, good faith
reliance upon this certificate relieves your
institution and its employees and agents of
any possible liability to the customer in
connection with the disclosure of these
financial records.
[Official Signature Block]
Appendix N to Part 275—Obtaining
Access to Financial Records Overseas
A. The provisions of 12 U.S.C. Chapter 35
do not govern obtaining access to financial
records maintained by military banking
contractors overseas or other financial
institutions in offices located on DoD
installations outside the United States, the
District of Columbia, Guam, American
Samoa, Puerto Rico, or the Virgin Islands.
B. Access to financial records held by such
contractors or institutions is preferably
obtained by customer authorization.
PO 00000
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26225
However, in those cases where it would not
be appropriate to obtain this authorization or
where such authorization is refused and the
financial institution is not otherwise willing
to provide access to its records:
1. A law enforcement activity may seek
access by the use of a search authorization
issued pursuant to established Component
procedures; Rule 315, Military Rules of
Evidence (Part III, Manual for CourtsMartial); and Article 46 of the Uniform Code
of Military Justice.
2. An intelligence organization may seek
access pursuant to Procedure 7 of DoD
5240.1–R.
3. Information obtained under this
appendix shall be properly identified as
financial information and transferred only
where an official need-to-know exists.
Failure to identify or limit access in
accordance with this paragraph does not
render the information inadmissible in
courts-martial or other proceedings.
4. Access to financial records maintained
by all other financial institutions overseas by
law enforcement activities shall be in
accordance with the local foreign statutes or
procedures governing such access.
Dated: April 27, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer, DoD.
[FR Doc. 06–4144 Filed 5–3–06; 8:45 am]
BILLING CODE 5001–06–M
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–06–035]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Delaware River, Delaware City,
DE
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing temporary special local
regulations during the ‘‘6th Annual
Escape from Fort Delaware Triathlon’’,
an event to be held June 10, 2006 on the
waters of the Delaware River at
Delaware City, DE. These special local
regulations are necessary to provide for
the safety of life on navigable waters
during the event. This action is
intended to temporarily restrict vessel
traffic in a portion of the Delaware River
during the 6th Annual Escape from Fort
Delaware Triathlon.
DATES: This rule is effective from 5:30
a.m. to 10:30 a.m. on June 10, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket (CGD05–06–
E:\FR\FM\04MYR1.SGM
04MYR1
26226
Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Rules and Regulations
035) and are available for inspection or
copying at Commander (dpi), 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: D.
M. Sens, Project Manager, Compliance
and Inspection Branch, at (757) 398–
6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
an NPRM would be impracticable and
contrary to public interest because
immediate action is necessary to protect
those using the waterway. Because of
the danger posed to the swimmers
competing within a confined area,
special local regulations are necessary to
provide for the safety of event
participants, support craft and other
vessels transiting the event area. For the
safety reasons noted, it is in the public
interest to have these regulations in
effect during the event. However
advance notifications will be made to
users of the waterway via marine
information broadcasts, local notice to
mariners, area newspapers and radio
stations.
Background and Purpose
mstockstill on PROD1PC68 with RULES
On June 10, 2006, the Escape from
Fort Delaware Triathlon, Inc. will
sponsor the ‘‘6th Annual Escape from
Fort Delaware Triathlon’’. The
swimming segment of the event will
consist of approximately 500 swimmers
competing across a one mile course
along the Delaware River between Pea
Patch Island and Delaware City,
Delaware. The competition will begin at
Pea Patch Island. The participants will
swim across to the finish line located at
the Delaware City Wharf, swimming
approximately one mile, across
Bulkhead Shoal Channel.
Approximately 20 support vessels will
accompany the swimmers. Due to the
need for vessel control during the
swimming event, the Coast Guard will
temporarily restrict vessel traffic in the
event area to provide for the safety of
participants, support craft and other
transiting vessels.
Discussion of Rule
The Coast Guard is establishing
temporary special local regulations on
specified waters of the Delaware River
between Fort Delaware on Pea Patch
VerDate Aug<31>2005
15:18 May 03, 2006
Jkt 208001
Island and the Delaware City Wharf at
Delaware City, Delaware. The temporary
special local regulations will be in effect
from 5:30 a.m. to 10:30 a.m. on June 10,
2006. The effect will be to restrict
general navigation in the regulated area
during the event. Except for persons or
vessels authorized by the Coast Guard
Patrol Commander, no person or vessel
may enter or remain in the regulated
area. Vessel traffic may be allowed to
transit the regulated area at slow speed
as the swim progresses, when the Coast
Guard Patrol Commander determines it
is safe to do so. The Patrol Commander
will notify the public of specific
enforcement times by Marine Radio
Safety Broadcast. These regulations are
needed to control vessel traffic during
the event to enhance the safety of
participants, spectators and transiting
vessels.
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.
Although this regulation restricts
vessel traffic from transiting a portion of
the Delaware River during the event, the
effect of this regulation will not be
significant due to the limited duration
that the regulated area will be in effect
and the extensive advance notifications
that will be made to the maritime
community via marine information
broadcasts, area newspapers and radio
stations 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 the Delaware River during the event.
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. This rule will be in
effect for only a short period, from 5:30
a.m. to 10:30 a.m. on June 10, 2006.
Vessels desiring to transit the event area
will be able to transit the regulated area
at slow speed as the swim progresses,
when the Coast Guard Patrol
Commander determines it is safe to do
so. 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 want to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. If the rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
the address listed under ADDRESSES. The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
E:\FR\FM\04MYR1.SGM
04MYR1
Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Rules and Regulations
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.
mstockstill on PROD1PC68 with RULES
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
VerDate Aug<31>2005
15:18 May 03, 2006
Jkt 208001
require a Statement of Energy Effects
under Executive Order 13211.
I
Technical Standards
26227
§ 100.35–T05–035, Delaware River,
Delaware City, DE.
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.
2. Add temporary § 100.35–T05–035
to read as follows:
(a) Regulated area. The regulated area
includes all waters of the Delaware
River within 500 yards either side of a
line drawn southwesterly from a point
near the shoreline at Pea Patch Island,
at latitude 39°35′08″ N, 075°34′18″ W,
thence to latitude 39°34′43.6″ N,
075°35′13″ W, a position located near
the Delaware City Wharf, Delaware City,
DE. 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
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.
(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 shall:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol.
(ii) Proceed as directed by any Official
Patrol.
(d) Enforcement period. This section
will be enforced from 5:30 a.m. to 10:30
a.m. on June 10, 2006.
Dated: April 21, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 06–4191 Filed 5–3–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 33 CFR Part 100
Coast Guard
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 100
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.
PO 00000
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[CGD05–06–006]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Maryland Swim for Life,
Chester River, Chestertown, MD
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing special local regulations for
E:\FR\FM\04MYR1.SGM
04MYR1
]]>Agencies
[Federal Register Volume 71, Number 86 (Thursday, May 4, 2006)]
[Rules and Regulations]
[Pages 26225-26227]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4191]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-06-035]
RIN 1625-AA08
Special Local Regulations for Marine Events; Delaware River,
Delaware City, DE
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations during the ``6th Annual Escape from Fort Delaware
Triathlon'', an event to be held June 10, 2006 on the waters of the
Delaware River at Delaware City, DE. These special local regulations
are necessary to provide for the safety of life on navigable waters
during the event. This action is intended to temporarily restrict
vessel traffic in a portion of the Delaware River during the 6th Annual
Escape from Fort Delaware Triathlon.
DATES: This rule is effective from 5:30 a.m. to 10:30 a.m. on June 10,
2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (CGD05-06-
[[Page 26226]]
035) and are available for inspection or copying at Commander (dpi),
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: D. M. Sens, Project Manager,
Compliance and Inspection Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would be
impracticable and contrary to public interest because immediate action
is necessary to protect those using the waterway. Because of the danger
posed to the swimmers competing within a confined area, special local
regulations are necessary to provide for the safety of event
participants, support craft and other vessels transiting the event
area. For the safety reasons noted, it is in the public interest to
have these regulations in effect during the event. However advance
notifications will be made to users of the waterway via marine
information broadcasts, local notice to mariners, area newspapers and
radio stations.
Background and Purpose
On June 10, 2006, the Escape from Fort Delaware Triathlon, Inc.
will sponsor the ``6th Annual Escape from Fort Delaware Triathlon''.
The swimming segment of the event will consist of approximately 500
swimmers competing across a one mile course along the Delaware River
between Pea Patch Island and Delaware City, Delaware. The competition
will begin at Pea Patch Island. The participants will swim across to
the finish line located at the Delaware City Wharf, swimming
approximately one mile, across Bulkhead Shoal Channel. Approximately 20
support vessels will accompany the swimmers. Due to the need for vessel
control during the swimming event, the Coast Guard will temporarily
restrict vessel traffic in the event area to provide for the safety of
participants, support craft and other transiting vessels.
Discussion of Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of the Delaware River between Fort Delaware on Pea
Patch Island and the Delaware City Wharf at Delaware City, Delaware.
The temporary special local regulations will be in effect from 5:30
a.m. to 10:30 a.m. on June 10, 2006. The effect will be to restrict
general navigation in the regulated area during the event. Except for
persons or vessels authorized by the Coast Guard Patrol Commander, no
person or vessel may enter or remain in the regulated area. Vessel
traffic may be allowed to transit the regulated area at slow speed as
the swim progresses, when the Coast Guard Patrol Commander determines
it is safe to do so. The Patrol Commander will notify the public of
specific enforcement times by Marine Radio Safety Broadcast. These
regulations are needed to control vessel traffic during the event to
enhance the safety of participants, spectators and transiting vessels.
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.
Although this regulation restricts vessel traffic from transiting a
portion of the Delaware River during the event, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts, area newspapers and radio stations 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 the Delaware River during the event.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only a short period, from 5:30 a.m. to 10:30
a.m. on June 10, 2006. Vessels desiring to transit the event area will
be able to transit the regulated area at slow speed as the swim
progresses, when the Coast Guard Patrol Commander determines it is safe
to do so. 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 want to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the address listed under
ADDRESSES. The Coast Guard will not retaliate against small entities
that question or complain about this rule or any policy or action of
the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
[[Page 26227]]
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or 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-T05-035 to read as follows:
Sec. 100.35-T05-035, Delaware River, Delaware City, DE.
(a) Regulated area. The regulated area includes all waters of the
Delaware River within 500 yards either side of a line drawn
southwesterly from a point near the shoreline at Pea Patch Island, at
latitude 39[deg]35'08'' N, 075[deg]34'18'' W, thence to latitude
39[deg]34'43.6'' N, 075[deg]35'13'' W, a position located near the
Delaware City Wharf, Delaware City, DE. 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 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.
(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 shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by any Official Patrol.
(d) Enforcement period. This section will be enforced from 5:30
a.m. to 10:30 a.m. on June 10, 2006.
Dated: April 21, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 06-4191 Filed 5-3-06; 8:45 am]
BILLING CODE 4910-15-P
