52052 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules 

Building, 1111 Constitution Avenue, 

NW., Washington, DC. The subject of 

the public hearing is under section 

1503(d) of the Internal Revenue Code. 

The public comment period for these 

regulations expired on August 17, 2005. 

The notice of proposed rulemaking 

and notice of public hearing, instructed 

those interested in testifying at the 

public hearing to submit a request to 

speak and an outline of the topics to be 

addressed. As of Wednesday, August 24, 

2005, no one has requested to speak. 

Therefore, the public hearing scheduled 

for September 7, 2005, is cancelled. 

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedure and 

Administration). 

[FR Doc. 05–17377 Filed 8–31–05; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–05–107] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; John H. Kerr Reservoir, 

Clarksville, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish 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: Comments and related material 

must reach the Coast Guard on or before 

September 16, 2005. 

ADDRESSES: You may mail comments 

and related material to Commander 

(oax), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004, hand-deliver them to 

Room 119 at the same address between 

9 a.m. and 2 p.m., Monday through 

Friday, except Federal holidays, fax 

them to (757) 398–6203, or e-mail them 

to DSens@lantd5@uscg.mil. The 

Auxiliary and Recreational Boating 

Safety Branch, Fifth Coast Guard 

District, maintains the public docket for 

this rulemaking. Comments and 

material received from the public, as 

well as documents indicated in this 

preamble as being available in the 

docket, will become part of this docket 

and will be available for inspection or 

copying at the above address between 9 

a.m. and 2 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Sens, Project Manager, Auxiliary 

and Recreational Boating Safety Branch, 

at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD05–05–107), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

In order to provide notice and an 

opportunity to comment before issuing 

an effective rule, we are providing a 

shorter than normal comment period. 

Because the event organizer provided 

the Coast Guard late notice of the event, 

there is not sufficient time for a full 45- 

day comment period. We believe that by 

providing the possibility of facsimile 

and e-mail submission options, this 

shorter period will provide the public 

with sufficient time to comment on this 

regulation that will only affect a small 

portion of the waterway for a short 

period of time. 

We further anticipate that if a Final 

Rule is issued time constraints will 

require us to provide less than a 30-day 

period before the rule becomes effective. 

Immediate action is needed to protect 

the safety of life at sea from the danger 

posed by high-speed power boats. For 

the safety concerns noted, it is in the 

public interest to have the regulations in 

effect during the event. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the address 

listed under ADDRESSES explaining why 

one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

On October 1 and 2, 2005, 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 60 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 Proposed Rule 

The Coast Guard proposes to establish 

temporary special local regulations on 

specified waters of the John H. Kerr 

Reservoir adjacent to Occoneechee State 

Park, Clarksville, Virginia and State 

Route 15 Highway Bridge. The regulated 

area includes a section of the John H. 

Kerr Reservoir approximately one half 

mile long, and bounded in width by 

each shoreline. This rule will be 

enforced from 7:30 a.m. to 6:30 p.m. on 

October 1 and 2, 2005, and will restrict 

general navigation in the regulated area 

during the power boat race. The Coast 

Guard, at its discretion, when practical 

will 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 will be allowed to enter 

or remain in the regulated area during 

the enforcement period. These 

regulations are needed to control vessel 

traffic during the event to enhance the 

safety of participants, spectators and 

transiting vessels. 

Regulatory Evaluation 

This proposed 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 proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules 52053 

regulatory policies and procedures of 

DHS is unnecessary. 

Although this proposed 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, and area newspapers, 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 proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule would affect 

the following entities, some of which 

might be small entities: The owners or 

operators of vessels intending to transit 

this section of the John H. Kerr 

Reservoir during the event. 

This proposed 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. to 6:30 p.m. on October 1 and 

2, 2005. 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. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the address 

listed under ADDRESSES. 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 

52054 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Proposed Rules 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 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. Comments on this 

section will be considered before we 

make the final decision on whether to 

categorically exclude this rule from 

further environmental review. 

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 proposes to 

amend 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–T05–107 

to read as follows: 

§ 100.35–T05–107 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. to 6:30 

p.m. on October 1 and 2, 2005. 

Dated: August 22, 2005. 

S.H. Ratti, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District. 

[FR Doc. 05–17428 Filed 8–31–05; 8:45 am] 

BILLING CODE 4910–15–U 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–05–104] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Spa Creek, Annapolis, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish permanent special local 

regulations for the ‘‘Tug-of-War’’, a 

marine event conducted over the waters 

of Spa Creek between Eastport and 

Annapolis, Maryland. 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 Spa Creek during the event. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

October 3, 2005. 

ADDRESSES: You may mail comments 

and related material to Commander 

(oax), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004, hand-deliver them to 

Room 119 at the same address between 

9 a.m. and 2 p.m., Monday through 

Friday, except Federal holidays, or fax 

them to (757) 398–6203. The Auxiliary 

and Recreational Boating Safety Branch, 

Fifth Coast Guard District, maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket are part of docket 

CGD05–05–104, will become part of this 

docket and will be available for 

inspection or copying at the above 

address between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Sens, Project Manager, Auxiliary 

and Recreational Boating Safety Branch, 

at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking CGD05–05–104, 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. You may submit a request for 

a meeting by writing to the address 

under ADDRESSES explaining why one 

would be beneficial. If we determine 

that one would aid this rulemaking, we