Special Local Regulations for Marine Events; Patapsco River, Inner Harbor, Baltimore, MD, 40914-40916 [E6-11377]
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40914
Federal Register / Vol. 71, No. 138 / Wednesday, July 19, 2006 / Rules and Regulations
dates of activity, and environmental and
other information. A nonrefundable
service fee of $1,900 must accompany
your application.
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*
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PART 280—PROSPECTING FOR
MINERALS OTHER THAN OIL, GAS,
AND SULPHUR ON THE OUTER
CONTINENTAL SHELF
28. The authority citation for part 280
is revised to read as follows:
I
Authority: 43 U.S.C. 1331 et seq., 42 U.S.C.
4332 et seq., 31 U.S.C. 9701.
29. In § 280.12, revise paragraph (a) to
read as follows:
I
§ 280.12 What must I include in my
application or notification?
(a) Permits. You must submit to the
Regional Director a signed original and
three copies of the permit application
form (Form MMS–134) at least 30 days
before the startup date for activities in
the permit area. If unusual
circumstances prevent you from
meeting this deadline, you must
immediately contact the Regional
Director to arrange an acceptable
deadline. The form includes names of
persons, type, location, purpose, and
dates of activity, as well as
environmental and other information. A
nonrefundable service fee of $ 1,900
must accompany your application.
*
*
*
*
*
[FR Doc. E6–11405 Filed 7–18–06; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–06–043]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Patapsco River, Inner Harbor,
Baltimore, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
mstockstill on PROD1PC68 with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing special local regulations
during the ‘‘Catholic Charities Dragon
Boat Races’’, a marine event to be held
September 9, 2006 on the waters of the
Patapsco River, Inner Harbor, Baltimore,
MD. 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
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15:11 Jul 18, 2006
Jkt 208001
restrict vessel traffic in a portion of the
Baltimore Inner Harbor during the
event.
DATES: This rule is effective from 5:30
a.m. to 6:30 p.m. on September 9, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket (CGD05–06–
043) 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:
Dennis Sens, Project Manager, Fifth
Coast Guard District, Inspections and
Investigations Branch, at (757) 398–
6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 4, 2006, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations for
Marine Events; Patapsco River, Inner
Harbor, Baltimore, MD in the Federal
Register (71 FR 26285). We received no
letters commenting on the proposed
rule. No public meeting was requested,
and none was held.
Background and Purpose
On September 9, 2006, Associated
Catholic Charities, Inc. will sponsor
Dragon Boat Races in the Inner Harbor
at Baltimore, MD. The event will consist
of 40 teams rowing Chinese Dragon
Boats in heats of 2 to 4 boats for a
distance of 400 meters. Due to the need
for vessel control during the event, the
Coast Guard will temporarily restrict
vessel traffic in the event area to provide
for the safety of participants, spectators
and other transiting vessels.
Discussion of Comments and Changes
The Coast Guard did not receive
comments 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 the Patapsco River,
Inner Harbor, Baltimore, Maryland.
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
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the Department of Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. Although this
regulation will prevent traffic from
transiting a portion of the Baltimore
Inner Harbor 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
the Local Notice to Mariners, marine
information broadcasts, and area
newspapers, so mariners can adjust
their plans accordingly. Additionally,
the regulated area has been narrowly
tailored to impose the least impact on
general navigation yet provide the level
of safety deemed necessary. Vessel
traffic will be able to transit the
regulated area at slow speed between
heats, when the Coast Guard Patrol
Commander deems it is safe to do so.
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 would not
have a significant economic impact on
a substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor in
the affected portions of the Baltimore
Inner Harbor during the event.
Although this regulation prevents
traffic from transiting a portion of the
Baltimore Inner Harbor during the
event, this rule would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule would
be in effect for only a limited period.
Vessel traffic will be able to transit the
regulated area between heats, when the
Coast Guard Patrol Commander deems it
is safe to do so. Before the enforcement
period, we will issue maritime
advisories so mariners can adjust their
plans accordingly.
E:\FR\FM\19JYR1.SGM
19JYR1
Federal Register / Vol. 71, No. 138 / Wednesday, July 19, 2006 / Rules and Regulations
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.
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 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 rule under that Order and have
determined that it does not have
implications for federalism.
mstockstill on PROD1PC68 with RULES
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 would not result in
such an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule would not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
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15:11 Jul 18, 2006
Jkt 208001
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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would not have a substantial
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.
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40915
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guides the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA)(42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction, from further
environmental documentation. Special
local regulations issued in conjunction
with a regatta or marine parade permit
are specifically excluded from further
analysis and documentation under that
section.
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.
I 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:
I
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 100.35—T05–043
to read as follows: § 100.35—T05–043
Patapsco River, Inner Harbor, Baltimore,
MD.
(a) Definitions: The following
definitions apply to this section:
(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 Baltimore.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(3) Participant inclues all vessels
participating in the Catholic Charities
Dragon Boat races under the auspices of
a Marine Event Permit issued to the
event sponsor and approved by
Commander, Coast Guard Sector
Baltimore.
(4) Regulated area inclues the waters
of the Patapsco River, Baltimore, MD,
I
E:\FR\FM\19JYR1.SGM
19JYR1
40916
Federal Register / Vol. 71, No. 138 / Wednesday, July 19, 2006 / Rules and Regulations
Inner Harbor from shoreline to
shoreline, bounded on the east by a line
drawn along longitude 076°36′30″ West.
All coordinates reference Datum NAD
1983.
(b) Special local regulations: (1)
Except for event participants and
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area.
(2) The operator of any vessel in the
regulated area shall: (i) Stop the vessel
immediately when directed to do so by
any Official Patrol.
(ii) Proceed as directed by any 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.
(c) Effective period. This section will
be enforced from 5:30 a.m. to 6:30 p.m.
on September 9, 2006.
Dated: July 6, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E6–11377 Filed 7–18–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD13–06–015]
RIN 1625–AA09
Drawbridge Operation Regulations;
Duwamish Waterway, Seattle, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
mstockstill on PROD1PC68 with RULES
ACTION:
SUMMARY: The Coast Guard is
temporarily revising the operating
regulations for the First Avenue South
dual drawbridges across the Duwamish
Waterway, mile 2.5, at Seattle,
Washington. The change will enable the
bridge owner to keep the bridges closed
during night hours for a period longer
than 60 days. This will facilitate
painting the structure while properly
containing debris and paint.
DATES: This temporary rule is effective
from July 15 to September 30, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CG13–06–015
and are available for inspection or
copying at the office of Commander
(dpw), 13th Coast Guard District, 915
Second Avenue, Seattle, WA 98174–
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15:11 Jul 18, 2006
Jkt 208001
Background and Purpose
the channel spans. When the drawspans
are open there is unlimited vertical
clearance for the central 120 feet of the
spans. An adjacent, parallel bascule
bridge was constructed and completed
in 1999. Drawbridge openings are
provided for recreational vessels, large
barges, and floating construction
equipment. The operating regulations
currently in effect for these drawbridges
at 33 Code of Federal Regulations
117.1041 provide that the spans need
not open for the passage of vessels from
6 a.m. to 9 a.m. and from 3 p.m. to 6
p.m. Monday through Friday, except for
Federal holidays. The draws shall open
at any time for a vessel of 5,000 gross
tons and over and for a vessel towing
such a vessel or en route to take in tow
a vessel of that size.
The temporary rule will enable the
owner to paint the structure after
preparing the surfaces of the steel truss
beneath the roadway. All of this work
must be accomplished within a
containment system that permits no
material to fall into the waterway. This
containment system will have to be
modified for drawspan openings.
The temporary closed period is from
9 p.m. to 5 a.m. Sunday through Friday
from July 15 to September 30, 2006.
This operating scheme was authorized
last year for the same purpose and
generated no objections or complaints
from waterway users.
Our previous analysis indicated that
most vessel operators will not be
inconvenienced by the hours of
temporary closure. This conclusion
seems to have been borne out as no
complaints were received during the
previous season of work. Others would
receive enough notice to plan trips at
other hours. Vessel traffic includes
tugboats, barges, derrick barges,
sailboats and motorized recreational
boats including large yachts. The
majority of vessels pass through the
dual bascule spans during hours other
than those affected night hours.
First Avenue South is a heavily
traveled commuter arterial that serves
Boeing Company plants and other
industrial facilities in south Seattle. The
dual bascule spans need not open for
the passage of vessels from 6 a.m. to 9
a.m. and from 6 p.m. to 9 p.m. Monday
through Friday. Vessels of 5000 gross
tons or more are exempted from these
closed periods. However, vessels of this
size infrequently ply this reach of the
waterway. The dual spans open an
average of four times a day.
The dual First Avenue South
drawbridges provide 32 feet of vertical
clearance at mean high water for the
central 100 feet of horizontal distance in
Discussion of Comments and Changes
No comments or letters were received
in response to the NPRM. No changes to
the proposed regulation were made.
1067 between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Austin Pratt, Chief Bridge Section,
Commander (dpw), 13th Coast Guard
District, 915 Second Avenue, Seattle,
WA 98174–1067, (206) 220–7282.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 24, 2006, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Drawbridge Operation
Regulations; Duwamish River, Seattle,
Washington’’ in the Federal Register (71
FR 29871). We received no letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication of this temporary
final rule in the Federal Register, as is
normally required by the Administrative
Procedure Act. The Coast Guard
experienced administrative problems
that made compliance with the 30-day
rule impracticable within the work
schedule that the bridge owner had
previously set. Compliance with the 30day rule would require rescheduling the
repair work, perhaps for a significant
amount of time. Timely maintenance of
the heavily-used First Avenue South
bridges helps preserve the safety of
these spans. Thus, a delay of scheduled
maintenance would be contrary to the
public interest. Moreover, compliance
with the 30-day rule at the expense of
delaying scheduled maintenance is
unnecessary. Temporary deviations
from drawbridge schedules for repair or
maintenance are already authorized, for
periods not to exceed 60 days, by 33
CFR 117.35(d). In this case, the bridge
repairs will not pass the 60-day mark
until mid-September, by which time
this temporary final rule will have been
published for far more than 30 days. In
addition, our May 24, 2006 NPRM
alerted the public to our intention to
modify the drawbridge schedule, and
the NPRM received no adverse
comment. Vessels large enough to
require opening of these spans use the
Duwamish Waterway only infrequently.
Steps have been taken to notify affected
vessels that the drawbridge schedule is
being altered, via publication in a local
notice to mariners.
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]]>Agencies
[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Rules and Regulations]
[Pages 40914-40916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11377]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-06-043]
RIN 1625-AA08
Special Local Regulations for Marine Events; Patapsco River,
Inner Harbor, Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations
during the ``Catholic Charities Dragon Boat Races'', a marine event to
be held September 9, 2006 on the waters of the Patapsco River, Inner
Harbor, Baltimore, MD. 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 Baltimore Inner Harbor during the event.
DATES: This rule is effective from 5:30 a.m. to 6:30 p.m. on September
9, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (CGD05-06-043) 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: Dennis Sens, Project Manager, Fifth
Coast Guard District, Inspections and Investigations Branch, at (757)
398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 4, 2006, we published a notice of proposed rulemaking (NPRM)
entitled Special Local Regulations for Marine Events; Patapsco River,
Inner Harbor, Baltimore, MD in the Federal Register (71 FR 26285). We
received no letters commenting on the proposed rule. No public meeting
was requested, and none was held.
Background and Purpose
On September 9, 2006, Associated Catholic Charities, Inc. will
sponsor Dragon Boat Races in the Inner Harbor at Baltimore, MD. The
event will consist of 40 teams rowing Chinese Dragon Boats in heats of
2 to 4 boats for a distance of 400 meters. Due to the need for vessel
control during the event, the Coast Guard will temporarily restrict
vessel traffic in the event area to provide for the safety of
participants, spectators and other transiting vessels.
Discussion of Comments and Changes
The Coast Guard did not receive comments 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 the Patapsco River, Inner Harbor,
Baltimore, Maryland.
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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. Although this regulation will prevent traffic
from transiting a portion of the Baltimore Inner Harbor 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 the Local Notice to Mariners, marine information
broadcasts, and area newspapers, so mariners can adjust their plans
accordingly. Additionally, the regulated area has been narrowly
tailored to impose the least impact on general navigation yet provide
the level of safety deemed necessary. Vessel traffic will be able to
transit the regulated area at slow speed between heats, when the Coast
Guard Patrol Commander deems it is safe to do so.
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
would not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in the affected portions of the
Baltimore Inner Harbor during the event.
Although this regulation prevents traffic from transiting a portion
of the Baltimore Inner Harbor during the event, this rule would not
have a significant economic impact on a substantial number of small
entities for the following reasons. This rule would be in effect for
only a limited period. Vessel traffic will be able to transit the
regulated area between heats, when the Coast Guard Patrol Commander
deems it is safe to do so. Before the enforcement period, we will issue
maritime advisories so mariners can adjust their plans accordingly.
[[Page 40915]]
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.
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 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 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 would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial 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
and Department of Homeland Security Management Directive 5100.1, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(h), of the Instruction, from further environmental
documentation. Special local regulations issued in conjunction with a
regatta or marine parade permit are specifically excluded from further
analysis and documentation under that section.
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 proposes to
amend 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--T05-043 to read as follows: Sec.
100.35--T05-043 Patapsco River, Inner Harbor, Baltimore, MD.
(a) Definitions: The following definitions apply to this section:
(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 Baltimore.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
(3) Participant inclues all vessels participating in the Catholic
Charities Dragon Boat races under the auspices of a Marine Event Permit
issued to the event sponsor and approved by Commander, Coast Guard
Sector Baltimore.
(4) Regulated area inclues the waters of the Patapsco River,
Baltimore, MD,
[[Page 40916]]
Inner Harbor from shoreline to shoreline, bounded on the east by a line
drawn along longitude 076[deg]36'30'' West. All coordinates reference
Datum NAD 1983.
(b) Special local regulations: (1) Except for event participants
and persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area shall: (i)
Stop the vessel immediately when directed to do so by any Official
Patrol.
(ii) Proceed as directed by any 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.
(c) Effective period. This section will be enforced from 5:30 a.m.
to 6:30 p.m. on September 9, 2006.
Dated: July 6, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-11377 Filed 7-18-06; 8:45 am]
BILLING CODE 4910-15-P
