Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations 55109 

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 

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 


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55110 Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations 

be small entities: the owners or 

operators of vessels intending to transit 

this section of the John H. Kerr 

Reservoir during the event. 

This rule would not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. This rule will be 

enforced for only a short period, from 

7:30 a.m. on October 7 to 6:30 p.m. on 

October 8, 2006. The regulated area will 

apply to a segment of the reservoir 

adjacent to State Route 15 Highway 

Bridge and Occoneechee State Park. 

Marine traffic may be allowed to pass 

through the regulated area with the 

permission of the Coast Guard Patrol 

Commander. In the case where the 

Patrol Commander authorizes passage 

through the regulated area during the 

event, vessels will be required to 

proceed at the minimum speed 

necessary to maintain a safe course that 

minimizes wake near the race course. 

Before the enforcement period, we 

would issue maritime advisories so 

mariners can adjust their plans 

accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding this temporary rule so 

that they can better evaluate its effects 

on them and participate in the 

rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). 

Collection of Information 

This rule would call for no new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

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. 

■ 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: 


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Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations 55111 

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: 

§ 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°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. 

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 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

RIN 1024–AC99 

Curecanti National Recreation Area, 

Personal Watercraft Use 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

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 

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. 

Description of Curecanti National 

Recreation Area 

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 


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