Special Local Regulations for Marine Events; Atlantic Ocean, Atlantic City, NJ, Change of Time, 47092-47094 [E6-13495]
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47092
Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Rules and Regulations
definition of ‘‘Homebound’’ by deleting
the above revision and adding two
sentences at the end. See 70 FR 61368.
This rule is published to revise the
definition of ‘‘Homebound’’ by restoring
the deleted sentence and to correct
references in 32 CFR 199.5.
List of Subjects in 32 CFR Part 199
Claims, Dental health, Health care,
Health insurance, Individuals with
disabilities, Military personnel.
Accordingly, 32 CFR part 199 is
amended as follows:
PART 199—[AMENDED]
1. The authority citation for part 199
continues to read as follows:
I
Authority: 5 U.S.C. 301; 10 U.S.C. chapter
55.
2. Section 199.2(b) is corrected by
adding a sentence at the end of the
definition for Homebound to read as
follows:
I
§199.2
Definitions.
*
*
*
*
*
(b) * * *
Homebound. * * * In addition to the
above, absences, whether regular or
infrequent, from the beneficiary’s
primary residence for the purpose of
attending an educational program in a
public or private school that is licensed
and/or certified by a state, shall not
negate the beneficiary’s homebound
status.
*
*
*
*
*
§199.5
[Corrected]
3. Section 199.5(h)(5) is corrected by
revising ‘‘(i)(4)(v)’’ to read ‘‘(h)(3)(v)(A)’’
and by revising ‘‘Individual’’ to read
‘‘Individualized.’’
I
Dated: August 9, 2006.
L.M. Bynum,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 06–6935 Filed 8–15–06; 8:45 am]
BILLING CODE 5001–06–M
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
cprice-sewell on PROD1PC66 with RULES
[CGD05–06–037]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Atlantic Ocean, Atlantic City,
NJ, Change of Time
AGENCY:
Coast Guard, DHS.
VerDate Aug<31>2005
15:48 Aug 15, 2006
Jkt 208001
Temporary final rule;
amendment.
ACTION:
SUMMARY: On July 7, 2006, the Coast
Guard published a temporary final rule
in the Federal Register establishing
temporary special local regulations for
the ‘‘Thunder Over the Boardwalk
Airshow’’, an aerial demonstration to be
held over the waters of the Atlantic
Ocean adjacent to Atlantic City, New
Jersey. On July 14, 2006, the Coast
Guard was notified that this marine
event was proposed to be conducted at
a different time period. This rule
changes the times of enforcement for the
temporary regulated area. These special
local regulations are necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in the regulated area during the
event.
DATES: This rule changes the effective
period of the temporary final rule
published at 71 FR 38523 (July 7, 2006)
to be 9 a.m. to 5 p.m. on August 23,
2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket (CGD05–06–
037) 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,
Inspections and Investigations 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. The new
time period of when the airshow was
proposed to be conducted was not
known in sufficient time to allow for the
publication of an NPRM followed by
publication of an effective rule before
the event. Delaying this rule would be
contrary to the public interest of
ensuring the safety of life at sea during
this event. The event will take place on
August 23, 2006. Because of the danger
posed by high performance jet aircraft
performing low altitude aerial
maneuvers over the waters of the
Atlantic Ocean, special local regulations
are necessary to provide for the safety of
event participants, spectator craft and
other vessels transiting the event area.
For the safety concerns noted, it is in
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
the public interest to have these
regulations in effect during the event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
would be contrary to the public interest,
since immediate action is needed to
ensure the safety of the event
participants, spectator craft and other
vessels transiting the regulated area.
However, advance notifications will be
made to affected users of the Atlantic
Ocean coastal area via marine
information broadcasts and area
newspapers.
Background and Purpose
On August 23, 2006, the Atlantic City
Chamber of Commerce will sponsor the
‘‘Thunder Over the Boardwalk
Airshow’’. The event will consist of
high performance jet aircraft performing
low altitude aerial maneuvers over the
waters of the Atlantic Ocean adjacent to
Atlantic City, New Jersey. A fleet of
spectator vessels is expected to gather
nearby to view the aerial demonstration.
Due to the need for vessel control
during the event, vessel traffic will be
temporarily restricted to provide for the
safety of spectators and transiting
vessels.
Discussion of the Amendment to the
Temporary Final Rule
The Coast Guard is establishing
temporary special local regulations on
specified waters of the Atlantic Ocean
adjacent to Atlantic City, New Jersey.
The regulated area includes a section of
the Atlantic Ocean approximately 2.5
miles long, running from Pennsylvania
Avenue to Columbia Avenue, and
extending approximately 900 yards out
from the shoreline. This amendment to
the rule changes the time period
previously announced in the Federal
Register notice published on July 7,
2006. The temporary special local
regulations will be enforced from 9 a.m.
until 5 p.m. on August 23, 2006. The
effect of the temporary special local
regulations 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.
Non-participating vessels will be
allowed to transit the regulated area
between event activities, when the Coast
Guard Patrol Commander determines it
is safe to do so. These regulations are
needed to control vessel traffic during
the event to enhance the safety of
participants, spectators and transiting
vessels.
E:\FR\FM\16AUR1.SGM
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Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Rules and Regulations
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We expect the economic impact of
this temporary final rule to be so
minimal that a full Regulatory
Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation prevents
traffic from transiting a portion of the
Atlantic Ocean 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 and area newspapers so
mariners can adjust their plans
accordingly.
cprice-sewell on PROD1PC66 with RULES
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 area of
the Atlantic Ocean 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. The Patrol
Commander will allow nonparticipating vessels to transit the event
area between event activities. 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
VerDate Aug<31>2005
15:48 Aug 15, 2006
Jkt 208001
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. If the rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
the address listed under ADDRESSES.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
PO 00000
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47093
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
will 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
and direct effect on one or more Indian
tribes, on the relationship between the
Federal Governments 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.
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47094
Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Rules and Regulations
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
BILLING CODE 4910–15–P
We have analyzed this rule under
Commandant Instruction M16475.1D
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 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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
I
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233, Department of
Homeland Security Delegation No. 0170.1.
2. The Coast Guard amends the
temporary final rule published July 7,
2006 (71 FR 38522) entitled, ‘‘Special
Local Regulations for Marine Events;
Atlantic Ocean, Atlantic City, NJ.
I
cprice-sewell on PROD1PC66 with RULES
§ 100.35-T05–037
[Amended]
In rule FR Doc. E6–10589 published
on July 7, 2006 (71 FR 38522) make the
following amendments to § 100.35–T05–
037. On page 38523, in the third
column, revise paragraph (d) to read as
follows:
(d) Enforcement period. This section
will be enforced from 9 a.m. to 5 p.m.
on August 23, 2006.
VerDate Aug<31>2005
Dated: July 28, 2006.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E6–13495 Filed 8–15–06; 8:45 am]
15:48 Aug 15, 2006
Jkt 208001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–06–057]
RIN 1625–AA08
Special Local Regulation for Marine
Event, Bogue Sound, Morehead City,
NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary special local
regulations for the ‘‘Crystal Coast Super
Boat Grand Prix’’, a power boat race to
be held on the waters of Bogue Banks
adjacent to Morehead City, NC. These
special local regulations are necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in the Morehead City Turning
Basin including sections of the IntraCoastal Waterways and Morehead City
Channel during the power boat race.
DATES: This rule is effective from 9 a.m.
to 4 p.m. on September 24, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket (CGD05–06–
057) 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:
CWO Christopher Humphrey,
Prevention Department, Sector North
Carolina, at (252) 247–4525 or via e-mail
to Christopher.D.Humphrey@uscg.mil.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 20, 2006, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Special Local Regulation for
Marine Event; Bogue Sound, Morehead
City, NC’’ in the Federal Register (71 FR
35404). We received no letters
commenting on the proposed rule. On
June 28, 2006, a public meeting was
held at U.S. Coast Guard Sector North
Carolina base, Atlantic Beach, NC.
Frm 00022
Fmt 4700
Sfmt 4700
On September 24, 2006, the Super
Boat International Productions Inc. will
sponsor the ‘‘Crystal Coast Super Boat
Grand Prix, on the waters of Bogue
Sound including the Morehead City
Turning Basin, sections of the IntraCoastal Waterway, and Morehead City
Channel at Morehead City, North
Carolina. The event will consist of
approximately 35 powerboats
participating in two high-speed
competitive races, traveling counterclockwise around a race course. A fleet
of spectator vessels are expected to
gather near the event site to view the
competition. To provide for the safety of
participants, spectators and other
transiting vessels, the Coast Guard will
temporarily restrict vessel traffic in the
event area during the races.
Discussion of Comments and Changes
SUMMARY:
PO 00000
Background and Purpose
The Coast Guard did not receive
comments in response to the notice of
proposed rulemaking (NPRM) published
in the Federal Register. Additionally,
the Coast Guard did not receive
substantive comments at the public
meeting held on June 28, 2006, at
Atlantic Beach, NC. Accordingly, the
Coast Guard is establishing temporary
special local regulations on waters of
Bogue Sound specified in our proposed
rule including the Morehead City
Turning Basin, sections of the
Intracoastal Waterway, and Morehead
City Channel at Morehead City, North
Carolina.
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). The Coast Guard expects the
economic impact of this rule to be so
minimal that a full Regulatory
Evaluation under paragraph 10e of the
regulatory policies and procedures of
DHS is unnecessary. Although this
regulation would prevent traffic from
transiting a portion of Bogue Sound
including the Morehead City Turning
Basin, sections of the Intracoastal
Waterway, and Morehead City Channel
during the event, the effect of this
regulation would not be significant due
to the limited duration that the
regulated area would be in effect and
the extensive advance notification that
E:\FR\FM\16AUR1.SGM
16AUR1
]]>Agencies
[Federal Register Volume 71, Number 158 (Wednesday, August 16, 2006)]
[Rules and Regulations]
[Pages 47092-47094]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13495]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-06-037]
RIN 1625-AA08
Special Local Regulations for Marine Events; Atlantic Ocean,
Atlantic City, NJ, Change of Time
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; amendment.
-----------------------------------------------------------------------
SUMMARY: On July 7, 2006, the Coast Guard published a temporary final
rule in the Federal Register establishing temporary special local
regulations for the ``Thunder Over the Boardwalk Airshow'', an aerial
demonstration to be held over the waters of the Atlantic Ocean adjacent
to Atlantic City, New Jersey. On July 14, 2006, the Coast Guard was
notified that this marine event was proposed to be conducted at a
different time period. This rule changes the times of enforcement for
the temporary regulated area. These special local regulations are
necessary to provide for the safety of life on navigable waters during
the event. This action is intended to restrict vessel traffic in the
regulated area during the event.
DATES: This rule changes the effective period of the temporary final
rule published at 71 FR 38523 (July 7, 2006) to be 9 a.m. to 5 p.m. on
August 23, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (CGD05-06-037) 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,
Inspections and Investigations 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. The new time period of when
the airshow was proposed to be conducted was not known in sufficient
time to allow for the publication of an NPRM followed by publication of
an effective rule before the event. Delaying this rule would be
contrary to the public interest of ensuring the safety of life at sea
during this event. The event will take place on August 23, 2006.
Because of the danger posed by high performance jet aircraft performing
low altitude aerial maneuvers over the waters of the Atlantic Ocean,
special local regulations are necessary to provide for the safety of
event participants, spectator craft and other vessels transiting the
event area. For the safety concerns noted, it is in the public interest
to have these regulations in effect during the event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the safety of the event participants, spectator craft and other
vessels transiting the regulated area. However, advance notifications
will be made to affected users of the Atlantic Ocean coastal area via
marine information broadcasts and area newspapers.
Background and Purpose
On August 23, 2006, the Atlantic City Chamber of Commerce will
sponsor the ``Thunder Over the Boardwalk Airshow''. The event will
consist of high performance jet aircraft performing low altitude aerial
maneuvers over the waters of the Atlantic Ocean adjacent to Atlantic
City, New Jersey. A fleet of spectator vessels is expected to gather
nearby to view the aerial demonstration. Due to the need for vessel
control during the event, vessel traffic will be temporarily restricted
to provide for the safety of spectators and transiting vessels.
Discussion of the Amendment to the Temporary Final Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of the Atlantic Ocean adjacent to Atlantic City,
New Jersey. The regulated area includes a section of the Atlantic Ocean
approximately 2.5 miles long, running from Pennsylvania Avenue to
Columbia Avenue, and extending approximately 900 yards out from the
shoreline. This amendment to the rule changes the time period
previously announced in the Federal Register notice published on July
7, 2006. The temporary special local regulations will be enforced from
9 a.m. until 5 p.m. on August 23, 2006. The effect of the temporary
special local regulations 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. Non-participating vessels will
be allowed to transit the regulated area between event activities, when
the Coast Guard Patrol Commander determines it is safe to do so. These
regulations are needed to control vessel traffic during the event to
enhance the safety of participants, spectators and transiting vessels.
[[Page 47093]]
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this temporary final rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation prevents traffic from transiting a portion
of the Atlantic Ocean 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 and area newspapers so mariners can adjust their plans
accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601--612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit this area of the Atlantic Ocean 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. The Patrol Commander
will allow non-participating vessels to transit the event area between
event activities. Before the enforcement period, we will issue maritime
advisories so mariners can adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the address listed under
ADDRESSES.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and will 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 and direct effect on one or more
Indian tribes, on the relationship between the Federal Governments 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.
[[Page 47094]]
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D
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 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. The Coast Guard amends the temporary final rule published July 7,
2006 (71 FR 38522) entitled, ``Special Local Regulations for Marine
Events; Atlantic Ocean, Atlantic City, NJ.
Sec. 100.35-T05-037 [Amended]
In rule FR Doc. E6-10589 published on July 7, 2006 (71 FR 38522)
make the following amendments to Sec. 100.35-T05-037. On page 38523,
in the third column, revise paragraph (d) to read as follows:
(d) Enforcement period. This section will be enforced from 9 a.m.
to 5 p.m. on August 23, 2006.
Dated: July 28, 2006.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-13495 Filed 8-15-06; 8:45 am]
BILLING CODE 4910-15-P
