Special Local Regulations for Marine Events; Atlantic Ocean, Ocean City, MD, 48475-48477 [E6-13805]

Download as PDF Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Rules and Regulations Need for Correction As published, (TD 9260) contains errors that may prove to be misleading and are in need of clarification. Correction of Publication Accordingly, the publication of the temporary regulations (TD 9260) which was the subject of FR Doc. 06–3882, is corrected as follows: I § 1.904–4 [Corrected] 1. On page 24530, column 2, § 1.904– 4, Instructional Par. 11., number 3, the language ‘‘3. In paragraph (e)(5)(iii), remove the language ‘‘and paragraph (9) of this section’’ and add the language ‘‘paid in taxable years beginning before January 1, 2003’’ in its place.’’ is corrected to read ‘‘3. In paragraph (e)(5)(iii), remove the language ‘‘and paragraph (g) of this section’’ and add the language ‘‘paid in taxable years beginning before January 1, 2003’’ in its place.’’ I Guy R. Traynor, Branch Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E6–13425 Filed 8–18–06; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 docket, are part of docket (CGD05–06– 064) 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 On June 29, 2006, we published a notice of proposed rulemaking (NPRM) entitled Special Local Regulations for Marine Events; Atlantic Ocean, Ocean City, MD in the Federal Register (71 FR 37019). 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 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, support craft and other vessels transiting the event area. However, advance notifications will be made to affected waterway users via marine information broadcasts and area newspapers. Background and Purpose [CGD05–06–064] RIN 1625–AA08 Special Local Regulations for Marine Events; Atlantic Ocean, Ocean City, MD Coast Guard, DHS. Temporary final rule. AGENCY: rmajette on PROD1PC67 with RULES ACTION: SUMMARY: The Coast Guard is establishing special local regulations during the ‘‘Ocean City Maryland Offshore Challenge’’, a power boat race to be held on the waters of the Atlantic Ocean adjacent to the shoreline at Ocean City, 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 restrict vessel traffic in the regulated area during the power boat race. This rule is effective from 10 a.m. to 4 p.m. on September 10, 2006. ADDRESSES: Documents indicated in this preamble as being available in the DATES: VerDate Aug<31>2005 15:07 Aug 18, 2006 Jkt 208001 On September 10, 2006, the Offshore Performance Association, Inc. will conduct the ‘‘Ocean City Maryland Offshore Challenge’’, on the waters of the Atlantic Ocean along the shoreline near Ocean City, MD. The event will consist of approximately 40 V-hull and twin-hull inboard hydroplanes racing in heats counter-clockwise around an oval race course. A fleet of spectator vessels is anticipated to gather nearby to view the competition. Due to the need for vessel control during the event, vessel traffic will be temporarily restricted to provide for the safety of participants, spectators and 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 Atlantic Ocean, Ocean City, Maryland. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 48475 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 small segment of the Atlantic Ocean near Ocean City, MD during the event, the effect of this regulation will not be significant due to the limited duration that the regulated area will be enforced. Extensive advance notifications will be made to the maritime community via Local Notice to Mariners, marine information broadcasts, area newspapers and local 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 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 this section of the Atlantic Ocean 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. Although the regulated area will apply to waters of the Atlantic Ocean near the Ocean City, Maryland shoreline, traffic may be allowed to pass through the regulated area with the permission of the Coast Guard patrol commander. In the case where the patrol commander authorizes passage through the regulated area during the event, vessels E:\FR\FM\21AUR1.SGM 21AUR1 48476 Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Rules and Regulations shall proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the race course. 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 this rule so that they can 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 rmajette on PROD1PC67 with RULES 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 VerDate Aug<31>2005 15:07 Aug 18, 2006 Jkt 208001 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 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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. I 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 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. I 2. Add a temporary § 100.35–T05–064 to read as follows: § 100.35–T05–064 City, MD. Atlantic Ocean, Ocean (a) Regulated area. The regulated area is established for the waters of the Atlantic Ocean bounded by a line drawn from a position along the shoreline near Ocean City, MD at latitude 38°22′01″ N, longitude 075°03′56″ W, thence easterly to latitude 38°21′50″ N, longitude 075°03′28″ W, thence southwesterly to latitude 38°20′10″ N, longitude 075°04′08″ W, thence westerly to a position near the shoreline at latitude 38°20′15″ N, longitude 075°04′38″ W, thence northerly along the shoreline to the point of origin. All coordinates reference Datum NAD 1983. E:\FR\FM\21AUR1.SGM 21AUR1 Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Rules and Regulations (b) 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 Hampton Roads. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Hampton Roads with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (3) Participant includes all vessels participating in the Ocean City Maryland Offshore Challenge under the auspices of the Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector Hampton Roads. (c) Special local regulations. (1) Except for 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 must stop the vessel immediately when directed to do so by any Official Patrol and then proceed only as directed. (3) All persons and vessels shall comply with the instructions of the Official Patrol. (4) When authorized to transit the regulated area, all vessels shall proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the race course. (d) Effective period. This section will be effective from 10 a.m. to 4 p.m. on September 10, 2006. Dated: August 9, 2006. L.L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E6–13805 Filed 8–18–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01–06–103] Drawbridge Operation Regulations; Mill Neck Creek, Oyster Bay, NY Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. rmajette on PROD1PC67 with RULES AGENCY: SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Bayville Bridge, VerDate Aug<31>2005 15:07 Aug 18, 2006 Jkt 208001 across Mill Neck Creek, mile 0.1, at Oyster Bay, New York. This deviation allows the bridge owner to open only one of the two moveable bascule spans for the passage of vessel traffic from September 5, 2006 through September 29, 2006. This deviation is necessary to facilitate scheduled bridge maintenance. DATES: This deviation is effective from September 5, 2006 through September 29, 2006. ADDRESSES: Materials referred to in this document are available for inspection or copying at the First Coast Guard District, Bridge Branch Office, One South Street, New York, New York 10004, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is (212) 668–7165. The First Coast Guard District Bridge Branch Office maintains the public docket for this temporary deviation. Judy Leung-Yee, Project Officer, First Coast Guard District, at (212) 668–7165. SUPPLEMENTARY INFORMATION: The Bayville Bridge, across Mill Neck Creek, mile 0.1, at Oyster Bay, New York, has a vertical clearance in the closed position of 9 feet at mean high water and 16 feet at mean low water. The existing regulation (33 CFR 117.5) requires the bridge to open on demand. The owner of the bridge, County of Nassau, Department of Public Works, requested a temporary deviation to facilitate scheduled structural bridge repairs, rehabilitation of the two bascule spans. In order to perform the structural repairs, the bascule span undergoing work must remain in the closed position. Therefore, under this temporary deviation the Bayville Bridge across Mill Neck Creek, mile 0.1, at Oyster Bay, New York, shall open only one of the two movable spans for the passage of vessel traffic from September 5, 2006 through September 29, 2006. In accordance with 33 CFR 117.35(c), this work will be performed with all due speed in order to return the bridge to normal operation as soon as possible. Should the bridge maintenance authorized by this temporary deviation be completed before the end of the effective period published in this notice, the Coast Guard will rescind the remainder of this temporary deviation, and the bridge shall be returned to its normal operating schedule. Notice of the above action shall be provided to the public in the Local Notice to Mariners and the Federal Register, where practicable. FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 48477 This deviation from the operating regulations is authorized under 33 CFR 117.35(b). Dated: August 10, 2006. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E6–13776 Filed 8–18–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CCGD05–06–059] RIN 1625–AA00 Safety Zone; Route 33 Bridge Construction, Pamunkey River, West Point, VA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary 600-foot radius safety zone in support of bridge construction operations being conducted in the vicinity of the Route 33 Bridge (Eltham Bridge) over the Pumunkey River near the Town of West Point, VA. This action is intended to restrict vessel traffic on the Pamunkey River as necessary to protect mariners from the hazards associated with bridge construction operations. DATES: This safety zone will be in effect from August 15 to August 20, 2006, and from September 12 to September 17, 2006. Documents indicated in this preamble as being available in the docket are part of docket CGD05–06– 059 and are available for inspection or copying at Sector Hampton Roads, Prevention Department, Norfolk Federal Building, 200 Granby Street, Suite 700, Norfolk, VA 23510, between 9:30 a.m. and 2 p.m., Monday through Friday, except on Federal holidays. FOR FURTHER INFORMATION CONTACT: LT Bill Clark, project officer, USCG Sector Hampton Roads, telephone number (757) 668–5580. SUPPLEMENTARY INFORMATION: ADDRESSES: 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 because it is impracticable and contrary to the public interest to delay the effective E:\FR\FM\21AUR1.SGM 21AUR1

Agencies

[Federal Register Volume 71, Number 161 (Monday, August 21, 2006)]
[Rules and Regulations]
[Pages 48475-48477]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13805]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-06-064]
RIN 1625-AA08


Special Local Regulations for Marine Events; Atlantic Ocean, 
Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing special local regulations 
during the ``Ocean City Maryland Offshore Challenge'', a power boat 
race to be held on the waters of the Atlantic Ocean adjacent to the 
shoreline at Ocean City, 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 restrict vessel traffic in the 
regulated area during the power boat race.

DATES: This rule is effective from 10 a.m. to 4 p.m. on September 10, 
2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD05-06-064) 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

    On June 29, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; Atlantic 
Ocean, Ocean City, MD in the Federal Register (71 FR 37019). 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 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, support craft and other 
vessels transiting the event area. However, advance notifications will 
be made to affected waterway users via marine information broadcasts 
and area newspapers.

Background and Purpose

    On September 10, 2006, the Offshore Performance Association, Inc. 
will conduct the ``Ocean City Maryland Offshore Challenge'', on the 
waters of the Atlantic Ocean along the shoreline near Ocean City, MD. 
The event will consist of approximately 40 V-hull and twin-hull inboard 
hydroplanes racing in heats counter-clockwise around an oval race 
course. A fleet of spectator vessels is anticipated to gather nearby to 
view the competition. Due to the need for vessel control during the 
event, vessel traffic will be temporarily restricted to provide for the 
safety of participants, spectators and 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 Atlantic Ocean, Ocean City, 
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 
small segment of the Atlantic Ocean near Ocean City, MD during the 
event, the effect of this regulation will not be significant due to the 
limited duration that the regulated area will be enforced. Extensive 
advance notifications will be made to the maritime community via Local 
Notice to Mariners, marine information broadcasts, area newspapers and 
local 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 
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 this section of the Atlantic Ocean 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. Although the 
regulated area will apply to waters of the Atlantic Ocean near the 
Ocean City, Maryland shoreline, traffic may be allowed to pass through 
the regulated area with the permission of the Coast Guard patrol 
commander. In the case where the patrol commander authorizes passage 
through the regulated area during the event, vessels

[[Page 48476]]

shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course. 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 this rule so that they can 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 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 a temporary Sec.  100.35-T05-064 to read as follows:


Sec.  100.35-T05-064  Atlantic Ocean, Ocean City, MD.

    (a) Regulated area. The regulated area is established for the 
waters of the Atlantic Ocean bounded by a line drawn from a position 
along the shoreline near Ocean City, MD at latitude 38[deg]22'01'' N, 
longitude 075[deg]03'56'' W, thence easterly to latitude 38[deg]21'50'' 
N, longitude 075[deg]03'28'' W, thence southwesterly to latitude 
38[deg]20'10'' N, longitude 075[deg]04'08'' W, thence westerly to a 
position near the shoreline at latitude 38[deg]20'15'' N, longitude 
075[deg]04'38'' W, thence northerly along the shoreline to the point of 
origin. All coordinates reference Datum NAD 1983.

[[Page 48477]]

    (b) 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 Hampton Roads.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Hampton Roads with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all vessels participating in the Ocean 
City Maryland Offshore Challenge under the auspices of the Marine Event 
Permit issued to the event sponsor and approved by Commander, Coast 
Guard Sector Hampton Roads.
    (c) Special local regulations. (1) Except for 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 must stop the 
vessel immediately when directed to do so by any Official Patrol and 
then proceed only as directed.
    (3) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (4) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course.
    (d) Effective period. This section will be effective from 10 a.m. 
to 4 p.m. on September 10, 2006.

    Dated: August 9, 2006.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
 [FR Doc. E6-13805 Filed 8-18-06; 8:45 am]
BILLING CODE 4910-15-P