Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59795

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, 

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 event permit are 

specifically excluded from further 

analysis and documentation under those 

sections. 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.

■ 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, Department of 

Homeland Security Delegation No. 0170.1.

■ 2. Add temporary § 100.35–T05–190 to 

read as follows:

§ 100.35–T05–190 John H. Kerr Reservoir, 

Clarksville, Virginia. 

(a) Regulated area. A regulated area is 

established for the waters of the John H. 

Kerr Reservoir, adjacent to 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°36′12′′ N, longitude 

078°31′22′′ W, to latitude 36°36′48′′ N, 

longitude 078°30′47′′ W, and bounded 

on the north by the 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 Group 

Hampton Roads. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Group Hampton Roads 

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 must: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) All persons and vessels must 

comply with the instructions of the 

Official Patrol. The operator of a vessel 

in the regulated area must stop the 

vessel immediately when instructed to 

do so by the Official Patrol and then 

proceed as directed. When authorized to 

transit the regulated area, all vessels 

must 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 11:30 a.m. to 5:30 

p.m. on October 9 and 10, 2004.

Dated: September 28, 2004. 

B.R. Thomason, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District.

[FR Doc. 04–22507 Filed 10–5–04; 8:45 am] 

BILLING CODE 4910–15–U

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–04–184] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Willoughby Bay, Norfolk, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing temporary special local 

regulations during the ‘‘Hampton Roads 

Sailboard Classic’’, a marine event to be 

held October 23 and 24, 2004 on the 

waters of Willoughby Bay, Norfolk, 

Virginia. This action is 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 Willoughby Bay 

during the event.

DATES: This rule is effective from 10 

a.m. on October 23, 2004, to 3 p.m. on 

October 24, 2004.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–04–

184 and are available for inspection or 

copying at Commander (Aoax), 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: D. 

M. Sens, Project Manager, Auxiliary and 

Recreational Boating Safety Branch, at 

(757) 398–6204.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. Publishing 

an NPRM would be impracticable and 

contrary to public interest, as the event 

will take place too soon to allow the 

NPRM process to be completed. The 

danger posed to participants by wakes 

from transiting vessels make special 

local regulations necessary to provide 

for the safety of event participants, 

support craft and other vessels 

transiting the event area. 

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,

59796 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 

since immediate action is needed to 

ensure the safety of participants, 

support craft, spectator craft and other 

vessels transiting the event area. For the 

safety concerns noted, it is in the public 

interest to have these regulations in 

effect during the event. Additionally, 

advance notifications will be made to 

affected users of the waterway via 

marine information broadcasts and area 

newspapers. 

Background and Purpose 

The Windsurfing Enthusiasts of 

Tidewater will sponsor the marine event 

‘‘Hampton Roads Sailboard Classic’’ on 

October 23 and 24, 2004, on the waters 

of Willoughby Bay, Norfolk, Virginia. 

The event will consist of approximately 

40 sailboards racing in heats along 

several courses within Willoughby Bay. 

Spectator vessels are expected to gather 

near the event site to view the 

competition. To provide for the safety of 

event participants, spectators and 

transiting vessels during the event, the 

Coast Guard will temporarily restrict 

vessel movement in the event area 

during the sailboard races. 

Discussion of Rule 

The Coast Guard is establishing 

temporary special local regulations on 

specified waters of Willoughby Bay. The 

temporary special local regulations will 

be enforced from 10 a.m. to 4:30 p.m. on 

October 23, 2004, and from 9:30 a.m. to 

3 p.m. on October 24, 2004. The effect 

will be to restrict general navigation in 

the regulated area during the event. 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel will be allowed to 

enter or remain in the regulated area. 

Non-participating vessels desiring to 

transit Willoughby Bay during the event 

will be able to navigate safely around 

the regulated area. These regulations are 

needed to control vessel traffic during 

the event to enhance the safety of 

participants, spectators and transiting 

vessels.

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this temporary rule to be so minimal 

that a full Regulatory Evaluation under 

the regulatory policies and procedures 

of DHS is unnecessary. 

Although this regulation prevents 

traffic from transiting a portion of 

Willoughby Bay during the event, the 

effect of this regulation will not be 

significant because transiting vessels 

will be able to safely navigate around 

the regulated area and extensive 

advance notifications will be made to 

the maritime community via marine 

information broadcasts and area 

newspapers, so mariners can adjust 

their plans accordingly. Additionally, 

the regulated area has been narrowly 

tailored to impose the least impact on 

general navigation yet provide the level 

of safety deemed necessary. 

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 this section 

of Willoughby Bay during the event. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. Transiting vessels 

will be able to safely navigate around 

the regulated area. Extensive advance 

notifications will be made to the 

maritime community via marine 

information broadcasts, and area 

newspapers, 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 

could 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 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 

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 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 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 

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

Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59797

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 

Commandant Instruction M16475.lD, 

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 those 

sections. 

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.

■ 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, Department of 

Homeland Security Delegation No. 0170.1.

■ 2. Add temporary § 100.35–T05–184 to 

read as follows:

§ 100.35–T05–184 Willoughby Bay, 

Norfolk, VA. 

(a) Regulated area. The regulated area 

is established for the waters of 

Willoughby Bay contained within the 

following coordinates:

Latitude Longitude

36°58′ 36.0′′ North 076°18′ 42.0′′ West 

36°58′ 00.0′′ North 076°18′ 00.0′′ West 

36°57′ 49.0′′ North 076°18′ 14.0′′ West 

36°57′ 36.0′′ North 076°17′ 55.0′′ West 

36°57′ 26.0′′ North 076°18′ 06.0′′ West 

36°58′ 15.0′′ North 076°19′ 08.0′′ West 

36°58′ 36.0′′ North 076°18′ 42.0′′ West 

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 Group 

Hampton Roads. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Group Hampton Roads 

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 this 

area must: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any Official 

Patrol. 

(d) Enforcement Dates. This section 

will be enforced from 10 a.m. to 4:30 

p.m. on October 23, 2004 and from 9:30 

a.m. to 3 p.m. on October 24, 2004.

Dated: September 23, 2004. 

Sally Brice-O’Hara, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District.

[FR Doc. 04–22512 Filed 10–5–04; 8:45 am] 

BILLING CODE 4910–15–U

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–04–182] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Choptank River, Cambridge, 

MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing temporary special local 

regulations during the ‘‘Chesapeakeman 

Ultra Triathlon’’, an event to be held 

October 9, 2004 over the waters of 

Choptank River at Cambridge, MD. 

These special local regulations are 

necessary to provide for the safety of life 

on navigable waters during the event. 

This action is intended to temporarily 

restrict vessel traffic in a portion of the 

Choptank River during the 

Chesapeakeman Ultra Triathlon swim.

DATES: This rule is effective from 6:30 

a.m. to 10:30 a.m. on October 9, 2004.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–04–

182 and are available for inspection or 

copying at Commander (oax), 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: D. 

M. Sens, Project Manager, Auxiliary and 

Recreational Boating Safety Branch, at 

(757) 398–6204.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM; publishing 

an NPRM would be impracticable and 

contrary to public interest as immediate