Special Local Regulations for Marine Events; John H. Kerr Reservoir, Clarksville, VA, 55109-55111 [06-7792]

Download as PDF 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. rmajette on PROD1PC67 with RULES1 AGENCY: ACTION: SUMMARY: The Coast Guard is establishing temporary special local regulations for the ‘‘Clarksville Hydroplane Challenge’’, a power boat VerDate Aug<31>2005 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 PO 00000 Frm 00023 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 E:\FR\FM\21SER1.SGM 21SER1 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 E:\FR\FM\21SER1.SGM 21SER1 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 rmajette on PROD1PC67 with RULES1 § 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 VerDate Aug<31>2005 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 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 21SER1

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]


=======================================================================
-----------------------------------------------------------------------

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