Special Local Regulation for Marine Events; Roanoke River, Plymouth, NC, 51936-51938 [2010-20920]

Download as PDF wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 51936 Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Rules and Regulations credit, the resulting carrybacks, or the net operating loss deduction, capital loss deduction, or investment credit allowable. If the required modification has not been made by the taxpayer and the Commissioner has the necessary information to make the modification within the 90-day period, the Commissioner may, in the Commissioner’s discretion, make the modification. In determining the decrease, the Commissioner will not, for example, change the amount claimed on the return as a deduction for depreciation because the Commissioner believes that the taxpayer has claimed an excessive amount; and the Commissioner will not include in gross income any amount not so included by the taxpayer, even though the Commissioner believes that the amount is subject to tax and properly should be included in gross income. (c) Disallowance in whole or in part. If the Commissioner finds that an application for a tentative carryback adjustment contains material omissions or errors of computation, the Commissioner may disallow the application in whole or in part without further action. If the Commissioner deems that any error of computation can be corrected within the 90-day period, the Commissioner may do so and allow the application in whole or in part. The Commissioner’s determination as to whether the Commissioner can correct any error of computation within the 90day period shall be conclusive. The Commissioner’s action in disallowing, in whole or in part, any application for a tentative carryback adjustment shall be final and may not be challenged in any proceeding. The taxpayer may, however, file a claim for credit or refund under section 6402, and may maintain a suit based on the claim if the claim is disallowed or if the Commissioner does not act upon the claim within 6 months from the date it is filed. (d) Application of decrease. (1) Each decrease determined by the Commissioner in any previously determined tax that is affected by the carryback or any related adjustments shall first be applied against any unpaid amount of the tax with respect to which such decrease was determined. The unpaid amount of tax may include one or more of the following: * * * * * (ii) An amount the time for payment of which has been extended under section 6164 and which is due and payable on or after the date of the allowance of the decrease. (iii) An amount (not including an amount the time for payment of which VerDate Mar<15>2010 15:10 Aug 23, 2010 Jkt 220001 has been extended under section 6164) which is due and payable on or after the date of the allowance of the decrease, including any assessed liabilities, unassessed liabilities determined in a statutory notice of deficiency, unassessed liabilities identified in a proof of claim filed in a bankruptcy proceeding, and other unassessed liabilities in rare and unusual circumstances. (2) If the unpaid amount of tax includes more than one unpaid amount, the Commissioner may determine against which amount or amounts, and in what proportion, the decrease is to be applied. In general, however, the decrease will be applied against any amounts described in paragraphs (d)(1)(i) through (iii) of this section in the order named. If there are several amounts of the type described in paragraph (d)(1)(iii) of this section, any amount of the decrease that is to be applied against the amount will be applied by assuming that the tax previously determined minus the amount of the decrease to be so applied is ‘‘the tax’’ and that the taxpayer had elected to pay the tax in installments. The unpaid amount of tax against which a decrease may be applied under paragraph (d)(1) of this section may not include any amount of tax for any taxable year other than the year of the decrease. After making the application, the Commissioner will credit any remainder of the decrease against any unsatisfied amount of any tax for the taxable year immediately preceding the taxable year of the net operating loss, capital loss, or unused investment credit, the time for payment of which has been extended under section 6164. (3) Any remainder of the decrease after the application and credits may, within the 90-day period, in the discretion of the Commissioner, be credited against any tax liability or installment thereof then due from the taxpayer (including assessed liabilities, unassessed liabilities determined in a statutory notice of deficiency, unassessed liabilities identified in a proof of claim filed in a bankruptcy proceeding, and other unassessed liabilities in rare and unusual circumstances), and, if not so credited, shall be refunded to the taxpayer within the 90-day period. * * * * * PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 § 1.6411–3T ■ [Removed] Par. 5. Section 1.6411–3T is removed. Steven T. Miller, Deputy Commissioner for Services and Enforcement. Approved: August 11, 2010. Michael Mundaca, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. 2010–20916 Filed 8–23–10; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2010–0756] RIN 1625–AA08 Special Local Regulation for Marine Events; Roanoke River, Plymouth, NC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing temporary special local regulations during the ‘‘East Coast Drag Boat Association Race’’, a power boat race to be held on the waters of the Roanoke River near Plymouth, North Carolina. 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 Roanoke River adjacent to Plymouth, North Carolina during the power boat race. DATES: This rule is effective from 8 a.m. August 28, 2010 through 9 p.m. August 29, 2010. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2010– 0756 and are available online by going to http://www.regulations.gov, inserting USCG–2010–0756 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or e-mail Petty Officer Kevin Ouyoumjian, Prevention Department, Coast Guard Sector North Carolina; telephone (252) 247–4528, e-mail Kevin.J.Ouyoumjian@uscg.mil. If you SUMMARY: E:\FR\FM\24AUR1.SGM 24AUR1 Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Rules and Regulations have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because immediate action is needed to minimize potential danger to the public during the event. The necessary information to determine whether the marine event poses a threat to persons and vessels was not provided with sufficient time to publish an NPRM. Delaying the effective date would be contrary to the public interest, since immediate action is needed to ensure the safety of the event participants, spectator craft and other vessels transiting the event area. The danger posed by drag boat racing makes special local regulations necessary to provide for the safety of spectator craft and other vessels transiting the event area. For these reasons, it is in the public interest to have these regulations in effect during the event. The Coast Guard will issue broadcast notice to mariners to advise vessel operators of navigational restrictions. On scene Coast Guard and local law enforcement vessels will also provide actual notice to mariners. For the same reasons, the Coast Guard also finds, under 5 U.S.C. 553(d)(3), that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Basis and Purpose On August 28 and 29, 2010 the East Coast Drag Boat Association will sponsor the ‘‘U.S. Grand Nationals Drag Boat Races’’ on the waters of the Roanoke River near Plymouth, North Carolina. The event will consist of approximately 50 drag boats racing in heats along a quarter mile course at a high rate of speed. 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 VerDate Mar<15>2010 15:10 Aug 23, 2010 Jkt 220001 participants, spectators and transiting vessels. Discussion of Rule The Coast Guard is establishing special local regulations on specified waters of the Roanoke River adjacent to Plymouth, North Carolina. The regulated area will cover a section of the Roanoke River bounded in width by each shoreline and approximately one mile long between approximate positions 35°52′27″ N latitude, 076°44′39″ W longitude and 35°51′55″ N latitude, 076°45′27″ W longitude. The rule will be enforced from 8 a.m. until 9 p.m. on August 28 and 29, 2010, and would restrict general navigation in the regulated area during the drag boat race. The Coast Guard, in its discretion and when practical, would allow the passage of vessels when races are not taking place. Except for participants and vessels authorized by the Coast Guard Patrol Commander, no person or vessel would be allowed to enter or remain in the regulated area during the enforcement period. These regulations are needed to control vessel traffic during the events to protect participants, spectators and transiting vessels. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review 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. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 51937 This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit the affected segment of the Roanoke River during the event. This rule will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will be in effect for only a short period, from 8 a.m. to 9 p.m., each day, on August 28 and 29, 2010. Before the enforcement period, we will issue maritime advisories so mariners can adjust their plans accordingly. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we 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 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). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a E:\FR\FM\24AUR1.SGM 24AUR1 51938 Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Rules and Regulations State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not cause 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 does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial 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. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 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 VerDate Mar<15>2010 15:10 Aug 23, 2010 Jkt 220001 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 Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(h.), of the Instruction. This rule involves implementation of regulations within 33 CFR Part 100 that apply to organized marine events on the navigable waters of the United States that may have potential for negative impact on the safety or other interest of waterway users and shore side activities in the event area. Under figure 2–1, paragraph (34)(h.), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: ■ PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 (a) Regulated area. The following is a regulated area: All waters of the Roanoke River, from surface to bottom, encompassed by lines commencing at the north river bank at latitude 35°52′27″ N, longitude 076°44′39″ W, thence 180 degrees due south across the river to the shoreline, thence west along the shoreline to a position located at latitude 35°51′55″ N, longitude 076°45′27″ W, thence 000 degrees due north across the river to the shoreline, thence east along the shoreline to the point of origin. 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 North Carolina. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector North Carolina with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (c) Special local regulations: (1) Except for 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 shall: (i) Stop the vessel immediately when directed to do so by any Official Patrol. (ii) Proceed as directed by any official patrol. (d) Enforcement period. This section will be enforced from 8 a.m. to 9 p.m. each day on August 28 and 29, 2010. Dated: August 9, 2010. Anthony Popiel, Captain, U.S. Coast Guard, Captain of the Port North Carolina. [FR Doc. 2010–20920 Filed 8–23–10; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2010–0234] RIN 1625–AA09 Drawbridge Operation Regulation; Taunton River, Fall River and Somerset, MA Coast Guard, DHS. Final rule. AGENCY: ACTION: 2. Add temporary § 100.35–T05–0756 to read as follows: ■ § 100.35–T05–0756 Roanoke River, Plymouth, North Carolina. The Coast Guard has changed the drawbridge operation regulations SUMMARY: E:\FR\FM\24AUR1.SGM 24AUR1

Agencies

[Federal Register Volume 75, Number 163 (Tuesday, August 24, 2010)]
[Rules and Regulations]
[Pages 51936-51938]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20920]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0756]
RIN 1625-AA08


Special Local Regulation for Marine Events; Roanoke River, 
Plymouth, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary special local 
regulations during the ``East Coast Drag Boat Association Race'', a 
power boat race to be held on the waters of the Roanoke River near 
Plymouth, North Carolina. 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 
Roanoke River adjacent to Plymouth, North Carolina during the power 
boat race.

DATES: This rule is effective from 8 a.m. August 28, 2010 through 9 
p.m. August 29, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0756 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0756 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Petty Officer Kevin Ouyoumjian, 
Prevention Department, Coast Guard Sector North Carolina; telephone 
(252) 247-4528, e-mail Kevin.J.Ouyoumjian@uscg.mil. If you

[[Page 51937]]

have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because immediate action is needed to 
minimize potential danger to the public during the event. The necessary 
information to determine whether the marine event poses a threat to 
persons and vessels was not provided with sufficient time to publish an 
NPRM. Delaying the effective date would be contrary to the public 
interest, since immediate action is needed to ensure the safety of the 
event participants, spectator craft and other vessels transiting the 
event area. The danger posed by drag boat racing makes special local 
regulations necessary to provide for the safety of spectator craft and 
other vessels transiting the event area. For these reasons, it is in 
the public interest to have these regulations in effect during the 
event. The Coast Guard will issue broadcast notice to mariners to 
advise vessel operators of navigational restrictions. On scene Coast 
Guard and local law enforcement vessels will also provide actual notice 
to mariners.
    For the same reasons, the Coast Guard also finds, under 5 U.S.C. 
553(d)(3), that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register.

Basis and Purpose

    On August 28 and 29, 2010 the East Coast Drag Boat Association will 
sponsor the ``U.S. Grand Nationals Drag Boat Races'' on the waters of 
the Roanoke River near Plymouth, North Carolina. The event will consist 
of approximately 50 drag boats racing in heats along a quarter mile 
course at a high rate of speed. 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 Rule

    The Coast Guard is establishing special local regulations on 
specified waters of the Roanoke River adjacent to Plymouth, North 
Carolina. The regulated area will cover a section of the Roanoke River 
bounded in width by each shoreline and approximately one mile long 
between approximate positions 35[deg]52'27'' N latitude, 
076[deg]44'39'' W longitude and 35[deg]51'55'' N latitude, 
076[deg]45'27'' W longitude. The rule will be enforced from 8 a.m. 
until 9 p.m. on August 28 and 29, 2010, and would restrict general 
navigation in the regulated area during the drag boat race. The Coast 
Guard, in its discretion and when practical, would allow the passage of 
vessels when races are not taking place. Except for participants and 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel would be allowed to enter or remain in the regulated area during 
the enforcement period. These regulations are needed to control vessel 
traffic during the events to protect participants, spectators and 
transiting vessels.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit the affected segment of the Roanoke River during the event.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for only a short period, from 8 a.m. to 9 p.m., 
each day, on August 28 and 29, 2010. Before the enforcement period, we 
will issue maritime advisories so mariners can adjust their plans 
accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we 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 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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a

[[Page 51938]]

State, local, or tribal government, in the aggregate, or by the private 
sector of $100,000,000 (adjusted for inflation) or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not cause 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 does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(h.), 
of the Instruction. This rule involves implementation of regulations 
within 33 CFR Part 100 that apply to organized marine events on the 
navigable waters of the United States that may have potential for 
negative impact on the safety or other interest of waterway users and 
shore side activities in the event area.
    Under figure 2-1, paragraph (34)(h.), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. Add temporary Sec.  100.35-T05-0756 to read as follows:


Sec.  100.35-T05-0756  Roanoke River, Plymouth, North Carolina.

    (a) Regulated area. The following is a regulated area: All waters 
of the Roanoke River, from surface to bottom, encompassed by lines 
commencing at the north river bank at latitude 35[deg]52'27'' N, 
longitude 076[deg]44'39'' W, thence 180 degrees due south across the 
river to the shoreline, thence west along the shoreline to a position 
located at latitude 35[deg]51'55'' N, longitude 076[deg]45'27'' W, 
thence 000 degrees due north across the river to the shoreline, thence 
east along the shoreline to the point of origin. 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 North Carolina.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector North Carolina with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (c) Special local regulations: (1) Except for 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 shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol.
    (ii) Proceed as directed by any official patrol.
    (d) Enforcement period. This section will be enforced from 8 a.m. 
to 9 p.m. each day on August 28 and 29, 2010.

    Dated: August 9, 2010.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2010-20920 Filed 8-23-10; 8:45 am]
BILLING CODE 9110-04-P