Special Local Regulations for Marine Events; John H. Kerr Reservoir, Clarksville, VA, 55109-55111 [06-7792]
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Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations
SUMMARY: This document contains a
correction to final regulations that were
published in the Federal Register on
August 9, 2006 (71 FR 45379) that
provide guidance on certain issues
under section 411(d)(6) of the Internal
Revenue Code (Code), including the
interaction between the anti-cutback
rules of section 411(d)(6) and the
nonforfeitability requirements of section
411(a).
EFFECTIVE DATES: This correction is
effective August 9, 2006.
FOR FURTHER INFORMATION CONTACT:
Pamela R. Kinard, at (202) 622–6060
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the
subject of this correction are under
section 411(d)(6) of the Code.
Need for Correction
As published, the final regulations
(TD 9280), contain an error that may
prove to be misleading and are in need
of clarification.
Correction of Publication
Accordingly, the publication of the
final regulations (TD 9280), which were
the subject of FR Doc. E6–12885, is
corrected as follows:
On page 45381, column 1, in the
preamble, the last paragraph, line 8, the
language ‘‘retained, subject to a certain’’
is corrected to read ‘‘retained, subject to
certain’’.
Cynthia Grigsby,
Senior Federal Liaison Officer, Legal
Processing Division, Associate Chief Counsel
(Procedure and Administration).
[FR Doc. 06–7864 Filed 9–20–06; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–06–068]
RIN 1625–AA08
Special Local Regulations for Marine
Events; John H. Kerr Reservoir,
Clarksville, VA
Coast Guard, DHS.
Temporary final rule.
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AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing temporary special local
regulations for the ‘‘Clarksville
Hydroplane Challenge’’, a power boat
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14:49 Sep 20, 2006
Jkt 208001
race to be held on the waters of the John
H. Kerr Reservoir adjacent to
Clarksville, Virginia. 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
portions of the John H. Kerr Reservoir
adjacent to Clarksville, Virginia during
the power boat race.
DATES: This rule is effective from 7:30
a.m. on October 7 to 6:30 p.m. on
October 8, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket (CGD05–06–
068) 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 July 21, 2006, we published a
Notice of proposed rulemaking (NPRM)
entitled Special Local Regulations for
Marine Events; John H. Kerr Reservoir,
Clarksville, VA in the Federal Register
(71 FR 41407). 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, area
newspapers and local radio stations.
Background and Purpose
On October 7 and 8, 2006, the
Virginia Boat Racing Association will
sponsor the ‘‘Clarksville Hydroplane
Challenge’’, on the waters of the John H.
Kerr Reservoir. The event will consist of
approximately 70 inboard hydroplanes
racing in heats counter-clockwise
around an oval racecourse. 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
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Fmt 4700
Sfmt 4700
55109
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 John H. Kerr
Reservoir, Clarksville, Virginia.
Regulatory Evaluation
This temporary 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 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
John H. Kerr Reservoir adjacent to
Clarksville, Virginia 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.
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. 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.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this temporary 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 temporary rule would affect the
following entities, some of which might
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55110
Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations
be small entities: the owners or
operators of vessels intending to transit
this section of the John H. Kerr
Reservoir 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 will be
enforced for only a short period, from
7:30 a.m. on October 7 to 6:30 p.m. on
October 8, 2006. The regulated area will
apply to a segment of the reservoir
adjacent to State Route 15 Highway
Bridge and Occoneechee State Park.
Marine 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 will be required to
proceed at the minimum speed
necessary to maintain a safe course that
minimizes wake near the race course.
Before the enforcement period, we
would 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 temporary 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.).
rmajette on PROD1PC67 with RULES1
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
14:49 Sep 20, 2006
Jkt 208001
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
Federalism
VerDate Aug<31>2005
determined that it does not have
implications for federalism.
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
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
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.
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
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Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 100.35–T05–068
to read as follows:
I
Dated: September 8, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 06–7792 Filed 9–20–06; 8:45 am]
National Park Service
prohibited PWC use in all park units
effective April 20, 2000, except 21
preserves, lakeshores, seashores, and
recreation areas. The regulation
established a 2-year grace period
following the final rule publication to
provide these 21 park units time to
consider whether PWC use should be
allowed. On November 7, 2002 PWC use
was discontinued at Curecanti National
Recreation Area.
36 CFR Part 7
Description of Curecanti National
Recreation Area
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§ 100.35–T05–068 John H. Kerr Reservoir,
Clarksville, Virginia.
BILLING CODE 4910–15–P
(a) Regulated area. The regulated area
is established for the waters of the John
H. Kerr Reservoir, adjacent to the State
Route 15 Highway Bridge and
Occoneechee State Park, Clarksville,
Virginia, from shoreline to shoreline,
bounded on the south by a line running
northeasterly from a point along the
shoreline at latitude 36°37′14″ N,
longitude 078°32′46.5″ W, thence to
latitude 36°37′39.2″ N, longitude
078°32′08.8″ W, and bounded on the
north by the State Route 15 Highway
Bridge. All coordinates reference Datum
NAD 1983.
(b) Definitions. (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the Coast
Guard who has been designated by the
Commander, Coast Guard Sector
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 Clarksville
Hydroplane 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:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol
and then proceed only as directed.
(ii) All persons and vessels shall
comply with the instructions of the
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.
(d) Enforcement period. This section
will be enforced from 7:30 a.m. on
October 7 to 6:30 p.m. on October 8,
2006.
DEPARTMENT OF THE INTERIOR
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14:49 Sep 20, 2006
Jkt 208001
55111
RIN 1024–AC99
Curecanti National Recreation Area,
Personal Watercraft Use
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
SUMMARY: This final rule designates
areas where personal watercraft (PWC)
may be used in Curecanti National
Recreation Area, Colorado. This final
rule implements the provisions of the
National Park Service (NPS) general
regulations authorizing park areas to
allow the use of PWC by promulgating
a special regulation. Individual parks
must determine whether PWC use is
appropriate for a specific park area
based on an evaluation of that area’s
enabling legislation, resources and
values, other visitor uses, and overall
management objectives.
DATES: Effective Date: This rule is
effective September 21, 2006.
ADDRESSES: Mail inquiries to
Superintendent, Curecanti National
Recreation Area, 102 Elk Creek,
Gunnison, CO 81230 or e -mail NPS at
CURE_Superintendent@nps.gov.
FOR FURTHER INFORMATION CONTACT: Jerry
Case, Regulations Program Manager,
National Park Service, 1849 C Street,
NW., Room 7241, Washington, DC
20240. Phone: (202) 208–4206. E-mail:
jerry_case@nps.gov.
SUPPLEMENTARY INFORMATION:
Background
Personal Watercraft Regulation
On March 21, 2000, the National Park
Service published a regulation (36 CFR
3.24) on the management of personal
watercraft (PWC) use within all units of
the national park system (65 FR 15077).
The regulation prohibits PWC use in all
national park units unless the NPS
determines that this type of water-based
recreational activity is appropriate for
the specific park unit based on the
legislation establishing that park, the
park’s resources and values, other
visitor uses of the area, and overall
management objectives. The regulation
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Curecanti National Recreation Area
(Curecanti) was established in 1965 to
provide for conservation of scenic,
natural, historic, archeological, and
wildlife values. The goal of the National
Recreation Area is to provide for public
use and enjoyment while ensuring
visitor safety, resource preservation, and
conservation. Curecanti is located along
U.S. Highway 50 (U.S. 50) west of
Gunnison, Colorado.
Three reservoirs, named for
corresponding dams on the Gunnison
River, form the heart of Curecanti. The
three reservoirs are Blue Mesa
Reservoir, Morrow Point Reservoir, and
Crystal Reservoir. Blue Mesa Reservoir
is Colorado’s largest body of water and
is home to the biggest Kokanee Salmon
fishery in the United States. Morrow
Point Reservoir is the beginning of the
Black Canyon of the Gunnison. Crystal
Reservoir is the site of the Gunnison
Diversion Tunnel, a National Historic
Civil Engineering Landmark. In addition
to the three reservoirs, recently
discovered dinosaur fossils, a 5,000 acre
archeological district, a narrow gauge
train, and traces of 6,000 year old
dwellings further enhance the
significance of Curecanti.
Purpose of Curecanti National
Recreation Area
The purpose and significance
statements listed below are from
Curecanti’s Strategic Plan and General
Management Plan. Curecanti National
Recreation Area was established for the
following purposes:
1. Conserve the scenery, natural,
historic, and archeological resources,
and wildlife of Curecanti.
2. Provide for public use and
enjoyment in such a way as to ensure
visitor safety and resource preservation
or conservation by establishing and
maintaining facilities and providing
protection and interpretive services.
3. Manage the lands, waters, and
activities of Curecanti in such a way
that it does not interfere with the
purposes of the Colorado River Storage
Project Act and other Bureau of
E:\FR\FM\21SER1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 183 (Thursday, September 21, 2006)]
[Rules and Regulations]
[Pages 55109-55111]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7792]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-06-068]
RIN 1625-AA08
Special Local Regulations for Marine Events; John H. Kerr
Reservoir, Clarksville, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations for the ``Clarksville Hydroplane Challenge'', a power boat
race to be held on the waters of the John H. Kerr Reservoir adjacent to
Clarksville, Virginia. 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 portions of the
John H. Kerr Reservoir adjacent to Clarksville, Virginia during the
power boat race.
DATES: This rule is effective from 7:30 a.m. on October 7 to 6:30 p.m.
on October 8, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (CGD05-06-068) 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 July 21, 2006, we published a Notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; John H.
Kerr Reservoir, Clarksville, VA in the Federal Register (71 FR 41407).
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,
area newspapers and local radio stations.
Background and Purpose
On October 7 and 8, 2006, the Virginia Boat Racing Association will
sponsor the ``Clarksville Hydroplane Challenge'', on the waters of the
John H. Kerr Reservoir. The event will consist of approximately 70
inboard hydroplanes racing in heats counter-clockwise around an oval
racecourse. 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 John H. Kerr Reservoir,
Clarksville, Virginia.
Regulatory Evaluation
This temporary 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 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 John H. Kerr Reservoir adjacent to Clarksville, Virginia
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.
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. 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this temporary 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 temporary rule would affect the following
entities, some of which might
[[Page 55110]]
be small entities: the owners or operators of vessels intending to
transit this section of the John H. Kerr Reservoir 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 will be enforced for only a short period, from 7:30 a.m. on
October 7 to 6:30 p.m. on October 8, 2006. The regulated area will
apply to a segment of the reservoir adjacent to State Route 15 Highway
Bridge and Occoneechee State Park. Marine 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 will be
required to proceed at the minimum speed necessary to maintain a safe
course that minimizes wake near the race course. Before the enforcement
period, we would 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 temporary 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:
[[Page 55111]]
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 100.35-T05-068 to read as follows:
Sec. 100.35-T05-068 John H. Kerr Reservoir, Clarksville, Virginia.
(a) Regulated area. The regulated area is established for the
waters of the John H. Kerr Reservoir, adjacent to the State Route 15
Highway Bridge and Occoneechee State Park, Clarksville, Virginia, from
shoreline to shoreline, bounded on the south by a line running
northeasterly from a point along the shoreline at latitude
36[deg]37'14'' N, longitude 078[deg]32'46.5'' W, thence to latitude
36[deg]37'39.2'' N, longitude 078[deg]32'08.8'' W, and bounded on the
north by the State Route 15 Highway Bridge. All coordinates reference
Datum NAD 1983.
(b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector 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
Clarksville Hydroplane 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:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol and then proceed only as directed.
(ii) All persons and vessels shall comply with the instructions of
the 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.
(d) Enforcement period. This section will be enforced from 7:30
a.m. on October 7 to 6:30 p.m. on October 8, 2006.
Dated: September 8, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 06-7792 Filed 9-20-06; 8:45 am]
BILLING CODE 4910-15-P
