Special Local Regulation; ChampBoat Grand Prix of Savannah; Savannah, GA, 62557-62559 [E6-17849]
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Federal Register / Vol. 71, No. 207 / Thursday, October 26, 2006 / Rules and Regulations
in exchange for J’s shares of Class A stock of
Corporation X and a Corporation Y security
in exchange for its Corporation X security
and such terms are economically reasonable,
such terms control. Pursuant to section 354,
J recognizes no gain on either exchange.
Under paragraph (a)(2)(i) of this section, J has
10 shares of Corporation Y stock, each of
which has a basis of $2 and is treated as
having been acquired on Date 1, and a
security that has a basis of $100 and is
treated as having been acquired on Date 2.
*
*
*
*
*
Example 11. (i) * * *
(ii) Analysis. Under paragraph (a)(2)(iii) of
this section, J is deemed to have received
shares of Corporation Y stock with an
aggregate fair market value of $1,000 in
exchange for J’s Corporation X shares.
Consistent with the economics of the
transaction and the rights associated with
each class of stock of Corporation Y owned
by J, J is deemed to receive additional shares
of Corporation Y common stock. Because the
value of the common stock indicates that the
liquidation preference associated with the
Corporation Y preferred stock could be
satisfied even if the reorganization did not
occur, it is not appropriate to deem the
issuance of additional Corporation Y
preferred stock. Given the number of
outstanding shares of common stock of
Corporation Y and their value immediately
before the effective time of the
reorganization, J is deemed to have received
100 shares of common stock of Corporation
Y in the reorganization. Under paragraph
(a)(2)(i) of this section, each of those shares
has a basis of $1 and is treated as having been
acquired on Date 1. Then, the common stock
of Corporation Y is deemed to be
recapitalized in a reorganization under
section 368(a)(1)(E) in which J receives 100
shares of Corporation Y common stock in
exchange for those shares of Corporation Y
common stock that J held immediately prior
to the reorganization and those shares of
Corporation Y common stock that J is
deemed to have received in the
reorganization. Under paragraph (a)(2)(i),
immediately after the reorganization, J holds
50 shares of Corporation Y common stock,
each of which has a basis of $2 and is treated
as having been acquired on Date 1, and 50
shares of Corporation Y common stock, each
of which has a basis of $4 and is treated as
having been acquired on Date 2. Under
paragraph (a)(2)(vii) of this section, on or
before the date on which the basis of any
share of J’s Corporation Y common stock
becomes relevant, J may designate which of
those shares have a basis of $2 and which
have a basis of $4.
*
*
*
ycherry on PROD1PC64 with RULES
§ 1.1502–19T
*
*
[Corrected]
I Par. 4. Section 1.1502–19T is
amended by removing the cross
reference for paragraphs (b)(2) through
(c) and adding a cross reference for
paragraphs (a) through (c) in its place
and revising the text to paragraph
(h)(2)(iv) to read as follows:
VerDate Aug<31>2005
15:19 Oct 25, 2006
Jkt 211001
§ 1.1502–19T
(temporary).
Excess loss accounts
(a) through (c) [Reserved]. For further
guidance, see § 1.1502–19 (a) through
(c).
*
*
*
*
*
(h)(2)(iv) * * * For guidance
regarding determinations of the basis of
the stock of a subsidiary acquired in an
intercompany reorganization on or after
January 23, 2006, see paragraphs (d) and
(g) Example 2 of this section.
*
*
*
*
*
§ 1.1502–32
[Corrected]
Par. 5. Section 1.1502–32 is amended
by revising the text of paragraph (h)(8)
to reads as follows:
I
§ 1.1502–32
Investment adjustments.
*
*
*
*
*
(h) * * *
(h)(8) * * * Paragraph (b)(5)(ii)
Example 6 of this section applies only
with respect to determinations of the
basis of the stock of a subsidiary on or
after January 23, 2006. For
determinations of the basis of the stock
of a subsidiary before January 23, 2006,
see § 1.1502–32(b)(5)(ii) Example 6 as
contained in the 26 CFR part 1 edition
revised as of April 1, 2005.
*
*
*
*
*
Guy R. Traynor,
Federal Register Liaison, Publications and
Regulations Branch, Legal Processing
Division, Associate Chief Counsel (Procedure
and Administration).
[FR Doc. E6–17987 Filed 10–25–06; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD07–06–191]
RIN 1625–AA08
Special Local Regulation; ChampBoat
Grand Prix of Savannah; Savannah,
GA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary special local
regulation (SLR) for the ChampBoat
Grand Prix of Savannah, a speed boat
race occurring on the Savannah River.
The regulated area is defined as all
waters located between the width of the
Savannah River bounded on the
northern end by the U. S. Highway 17
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
62557
(Talmadge) Bridge across the Savannah
River and on the southern end by a line
drawn at 146 degrees True from Day
Board 62 on the left descending bank of
the Savannah River. This special local
regulation is necessary to ensure the
safety of commercial and recreational
vessels and personnel within the
regulated area.
DATES: This rule is effective from 7 a.m.
on November 4, 2006, until 9 p.m. on
November 5, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD07–06–
191, and are available for inspection or
copying at Coast Guard Marine Safety
Unit Savannah, 100 West Oglethorpe
Avenue, Suite 1017, Savannah, Georgia
31401 between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal
Holidays.
FOR FURTHER INFORMATION CONTACT: LT
Robert Webb, Waterways Management
Officer, Coast Guard Marine Safety Unit
Savannah, 912–652–4353.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
rule. Under 5 U.S.C. 553(b), the Coast
Guard finds that good cause exists for
not publishing an NPRM. The sponsor’s
application for this event was not
submitted to the Coast Guard with
sufficient time for a public comment
period before the event date. Publishing
an NPRM, which would incorporate a
comment period before a final rule
could be issued, would be contrary to
public safety interests since it would
delay the effective date of the rule until
after the date of the event. For the same
reasons, 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. The Coast Guard will issue a
broadcast notice to mariners to advise
mariners of the regulated area and its
requirements.
Background and Purpose
Speedway Group, Inc. and
ChampBoat Series, LLC., submitted an
application for a marine event permit
for the ChampBoat Grand Prix of
Savannah, to be held November 4–5,
2006, in Savannah, GA. After close
review of the application and through
extensive conversation with port
stakeholders, the Coast Guard approved
the application. The approval of the
application and issuance of the marine
permit was contingent on the ability of
race coordinators to periodically open
the river to commercial traffic. The race
E:\FR\FM\26OCR1.SGM
26OCR1
62558
Federal Register / Vol. 71, No. 207 / Thursday, October 26, 2006 / Rules and Regulations
course will consist of a four-buoy,
rectangle race course within the
regulated area. The race buoys although
within the regulated area will be placed
outside of the navigational channel.
Scheduled vessel traffic will be allowed
to transit through the regulated area
during a planned 20-minute stoppage
time during each hour of racing. In
addition, vessel traffic will be allowed
to transit in the morning and evening
prior to and after race events. In the
event there is a last minute change in
scheduled traffic or exigent
circumstances, the race coordinators
will clear the river for vessel traffic to
transit through the regulated area.
Because of the high speeds and inherent
dangers associated with powerboat
racing, the Coast Guard is establishing
this temporary special local regulation
(SLR). This temporary SLR is necessary
to ensure the safety of commercial and
recreational vessels and personnel
within the regulated area.
Discussion of Rule
The ChampBoat Grand Prix of
Savannah will be held November 4–5,
2006, in Savannah, GA and will consist
of powerboats racing a rectangular
course at speeds up to 120 miles per
hour. The regulated area is defined as
all waters located between the width of
the Savannah River bounded on the
northern end by the U. S. Highway 17
(Talmadge) Bridge across the Savannah
River and on the southern end by a line
drawn at 146 degrees True from Day
Board 62 on the left descending bank of
the Savannah River.
ycherry on PROD1PC64 with RULES
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.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
Commercial vessel traffic will be
allowed to transit through the regulated
area at scheduled times throughout the
day and before and after race activities.
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
VerDate Aug<31>2005
15:19 Oct 25, 2006
Jkt 211001
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000. The
Coast Guard certifies under 5 U.S.C.
605(b) that this rule would not have a
significant economic impact on a
substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor in
a portion of the Savannah River between
8 a.m. and 6 p.m. on November 4–5,
2006. This SLR would not have a
significant economic impact on a
substantial number of small entities
because it would only be in effect
between 8 a.m. and 9 p.m. and vessel
traffic would be allowed to pass through
the zone with permission from the Coast
Guard patrol commander.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pubic Law 104–
121), we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small entities may contact the person
listed under FOR FURTHER INFORMATION
CONTACT for assistance in understanding
and participating in this rulemaking. We
also have a point of contact for
commenting on actions by employees of
the Coast Guard. 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
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
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 affect 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
E:\FR\FM\26OCR1.SGM
26OCR1
Federal Register / Vol. 71, No. 207 / Thursday, October 26, 2006 / Rules and Regulations
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.
I
2. A new temporary section
§ 100.35T07–06–191 is added to read as
follows:
Technical Standards
(a) Regulated Area. The regulated area
is defined as all waters located between
the width of the Savannah River
bounded on the northern end by the
U.S. Highway 17 (Talmadge) Bridge
across the Savannah River and on the
southern end by a line drawn at 146
degrees True from Day Board 62 on the
left descending bank of the Savannah
River.
(b) Definitions. The following
definitions apply to this section:
Coast Guard Patrol Commander. The
Coast Guard Patrol Commander is a
commissioned, warrant, or petty officer
of the Coast Guard who has been
designated by the Commander, Coast
Guard Sector Charleston, Charleston,
South Carolina.
(c) Special Local Regulations. Entry
into the regulated area in paragraph (a)
by other than event participants is
prohibited unless otherwise authorized
by the Coast Guard Patrol Commander.
If entry is authorized, all persons shall
be required to follow the instructions of
the Coast Guard Patrol Commander. At
the completion of scheduled races and
departure of participants from the
regulated area, and between scheduled
racing events, traffic may resume
normal operations, at the discretion of
the Coast Guard Patrol Commander.
(d) Enforcement period. This section
will be enforced from 7 a.m. through 9
p.m. on November 4 and 5, 2006.
(e) Effective period. This section is
effective from 7 a.m. on November 4,
2006, until 9 p.m. on November 5, 2006.
§ 100.35T07–06–191 ChampBoat Grand
Prix of Savannah; Savannah, Georgia.
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
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have made a preliminary
determination 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, we
believe that this rule should be
categorically excluded, under figure 2–
1, paragraph (34)(h) of the Instruction
from further environmental
documentation. Under figure 2–1,
paragraph (34)(h), of the Instruction, an
‘‘Environmental Analysis Check List’’ is
not required for this rule.
Dated: October 16, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. E6–17849 Filed 10–25–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF DEFENSE
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
48 CFR Parts 208, 209, and 225
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
ycherry on PROD1PC64 with RULES
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
15:19 Oct 25, 2006
Jkt 211001
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 208, 209, and
225 are amended as follows:
I 1. The authority citation for 48 CFR
parts 208, 209, and 225 continues to
read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 208—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
208.7400
[Amended]
2. Section 208.7400 is amended in
paragraph (d) by removing ‘‘8.404(b)(4)’’
and adding in its place ‘‘8.405 and
208.405–70’’.
I
3. Section 209.105–2 is revised to read
as follows:
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
209.105–2 Determinations and
documentation.
(a) The contracting officer shall
submit a copy of a determination of
nonresponsibility to the appropriate
debarring and suspending official listed
in 209.403.
AGENCY:
1. The authority citation for part 100
continues to read as follows:
I
VerDate Aug<31>2005
List of Subjects in 48 CFR Parts 208,
209, and 225
I
Defense Acquisition Regulations
System
I
SUMMARY: DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update cross-references and
to add a reference to the DFARS
companion resource, Procedures,
Guidance, and Information.
EFFECTIVE DATE: October 26, 2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Michele Peterson, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0311;
facsimile (703) 602–0350.
SUPPLEMENTARY INFORMATION:
This final rule amends DFARS text as
follows:
• Sections 208.7400 and 209.105–2.
Updates cross-references.
• Section 225.004. Adds a reference
to reporting instructions found in the
DFARS companion resource,
Procedures, Guidance, and Information
(PGI).
PART 209—CONTRACTOR
QUALIFICATIONS
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
62559
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Frm 00009
Fmt 4700
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PART 225—FOREIGN ACQUISITION
4. Section 225.004 is added to read as
follows:
I
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]]>Agencies
[Federal Register Volume 71, Number 207 (Thursday, October 26, 2006)]
[Rules and Regulations]
[Pages 62557-62559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17849]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-06-191]
RIN 1625-AA08
Special Local Regulation; ChampBoat Grand Prix of Savannah;
Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) for the ChampBoat Grand Prix of Savannah, a speed boat
race occurring on the Savannah River. The regulated area is defined as
all waters located between the width of the Savannah River bounded on
the northern end by the U. S. Highway 17 (Talmadge) Bridge across the
Savannah River and on the southern end by a line drawn at 146 degrees
True from Day Board 62 on the left descending bank of the Savannah
River. This special local regulation is necessary to ensure the safety
of commercial and recreational vessels and personnel within the
regulated area.
DATES: This rule is effective from 7 a.m. on November 4, 2006, until 9
p.m. on November 5, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD07-06-191, and are available for
inspection or copying at Coast Guard Marine Safety Unit Savannah, 100
West Oglethorpe Avenue, Suite 1017, Savannah, Georgia 31401 between
7:30 a.m. and 4 p.m., Monday through Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: LT Robert Webb, Waterways Management
Officer, Coast Guard Marine Safety Unit Savannah, 912-652-4353.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
rule. Under 5 U.S.C. 553(b), the Coast Guard finds that good cause
exists for not publishing an NPRM. The sponsor's application for this
event was not submitted to the Coast Guard with sufficient time for a
public comment period before the event date. Publishing an NPRM, which
would incorporate a comment period before a final rule could be issued,
would be contrary to public safety interests since it would delay the
effective date of the rule until after the date of the event. For the
same reasons, 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. The Coast Guard will issue a
broadcast notice to mariners to advise mariners of the regulated area
and its requirements.
Background and Purpose
Speedway Group, Inc. and ChampBoat Series, LLC., submitted an
application for a marine event permit for the ChampBoat Grand Prix of
Savannah, to be held November 4-5, 2006, in Savannah, GA. After close
review of the application and through extensive conversation with port
stakeholders, the Coast Guard approved the application. The approval of
the application and issuance of the marine permit was contingent on the
ability of race coordinators to periodically open the river to
commercial traffic. The race
[[Page 62558]]
course will consist of a four-buoy, rectangle race course within the
regulated area. The race buoys although within the regulated area will
be placed outside of the navigational channel. Scheduled vessel traffic
will be allowed to transit through the regulated area during a planned
20-minute stoppage time during each hour of racing. In addition, vessel
traffic will be allowed to transit in the morning and evening prior to
and after race events. In the event there is a last minute change in
scheduled traffic or exigent circumstances, the race coordinators will
clear the river for vessel traffic to transit through the regulated
area. Because of the high speeds and inherent dangers associated with
powerboat racing, the Coast Guard is establishing this temporary
special local regulation (SLR). This temporary SLR is necessary to
ensure the safety of commercial and recreational vessels and personnel
within the regulated area.
Discussion of Rule
The ChampBoat Grand Prix of Savannah will be held November 4-5,
2006, in Savannah, GA and will consist of powerboats racing a
rectangular course at speeds up to 120 miles per hour. The regulated
area is defined as all waters located between the width of the Savannah
River bounded on the northern end by the U. S. Highway 17 (Talmadge)
Bridge across the Savannah River and on the southern end by a line
drawn at 146 degrees True from Day Board 62 on the left descending bank
of the Savannah River.
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Commercial vessel traffic
will be allowed to transit through the regulated area at scheduled
times throughout the day and before and after race activities.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would
not have a significant economic impact on a substantial number of small
entities. This rule would affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit or anchor in a portion of the Savannah River between 8 a.m.
and 6 p.m. on November 4-5, 2006. This SLR would not have a significant
economic impact on a substantial number of small entities because it
would only be in effect between 8 a.m. and 9 p.m. and vessel traffic
would be allowed to pass through the zone with permission from the
Coast Guard patrol commander.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pubic Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. Small
entities may contact the person listed under FOR FURTHER INFORMATION
CONTACT for assistance in understanding and participating in this
rulemaking. We also have a point of contact for commenting on actions
by employees of the Coast Guard. 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 affect 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
[[Page 62559]]
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
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination 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, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(h) of the
Instruction from further environmental documentation. Under figure 2-1,
paragraph (34)(h), of the Instruction, an ``Environmental Analysis
Check List'' is 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. A new temporary section Sec. 100.35T07-06-191 is added to read as
follows:
Sec. 100.35T07-06-191 ChampBoat Grand Prix of Savannah; Savannah,
Georgia.
(a) Regulated Area. The regulated area is defined as all waters
located between the width of the Savannah River bounded on the northern
end by the U.S. Highway 17 (Talmadge) Bridge across the Savannah River
and on the southern end by a line drawn at 146 degrees True from Day
Board 62 on the left descending bank of the Savannah River.
(b) Definitions. The following definitions apply to this section:
Coast Guard Patrol Commander. The Coast Guard Patrol Commander is a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector Charleston, Charleston,
South Carolina.
(c) Special Local Regulations. Entry into the regulated area in
paragraph (a) by other than event participants is prohibited unless
otherwise authorized by the Coast Guard Patrol Commander. If entry is
authorized, all persons shall be required to follow the instructions of
the Coast Guard Patrol Commander. At the completion of scheduled races
and departure of participants from the regulated area, and between
scheduled racing events, traffic may resume normal operations, at the
discretion of the Coast Guard Patrol Commander.
(d) Enforcement period. This section will be enforced from 7 a.m.
through 9 p.m. on November 4 and 5, 2006.
(e) Effective period. This section is effective from 7 a.m. on
November 4, 2006, until 9 p.m. on November 5, 2006.
Dated: October 16, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. E6-17849 Filed 10-25-06; 8:45 am]
BILLING CODE 4910-15-P
