50976 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 

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. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs 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 M16475.1D, 

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)(g), of the 

Instruction, from further environmental 

documentation. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends part 

165 of title 33, Code of Federal 

Regulations, as follows: 

PART 165—[AMENDED] 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Section 165.T13–013 is extended 

and revised to read as follows: From 5 

a.m. to 9 p.m. from August 20 to 

September 8, 2005, a temporary 

§165.T13–013 is added to read as 

follows: 

§ 165.T13–013 Safety Zone Regulations, 

New Tacoma Narrows Bridge Construction 

Project. 

(a) Location. The following area is a 

safety zone: All waters of the Tacoma 

Narrows, Puget Sound, Washington 

State, within 250 yards on either side of 

a line with the points of 47°16′15′′ N, 

122°33′15′′ W, to 47°15′54′′ N, 

122°32′49′′ W, to 47°15′49′′ N, 

122°32′43′′ W. [Datum: NAD 1983] 

(b) Regulations. In accordance with 

the general regulations in Section 

165.23 of this part, no person or vessel 

may enter or remain in the zone except 

for those persons involved in the 

construction of the new Tacoma 

Narrows Bridge, supporting personnel, 

or other vessels authorized by the 

Captain of the Port or his designated 

representatives. Vessels and persons 

granted authorization to enter the safety 

zone shall obey all lawful orders or 

directions of the Captain of the Port or 

his designated representative. 

(c) Enforcement period. This section 

will be enforced from 5 a.m. until 9 

p.m., Pacific Daylight Time, from 

August 20 to September 8, 2005, except 

for Sundays and September 5, 2005. 

Dated: August 16, 2005. 

Stephen P. Metruck, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 05–17091 Filed 8–26–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–05–115] 

RIN 1625–AA00 

Safety Zone; Irish Festival Currach 

Races, Lake Michigan, Milwaukee, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Lake Michigan, in Milwaukee, WI. This 

zone is intended to restrict vessels from 

a portion of Lake Michigan during the 

Irish Festival Currach Races. This 

temporary safety zone is necessary to 

protect spectators and vessels from the 

hazards associated with boat races. 

DATES: This rule is in effect from 12 p.m. 

(local) on August 20, 2005 through 6 

p.m. (local) on August 21, 2005. 

ADDRESSES: 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 [CGD09–05–115] and are 

available for inspection or copying at 

U.S. Coast Guard Sector Lake Michigan, 

2420 S. Lincoln Memorial Dr, 

Milwaukee, WI 53207 between 7 a.m. 

(local) and 3:30 p.m. (local), Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Marine Science Technician Chief 

Harold Millsap, Prevention Department, 

Sector Lake Michigan, 2420 S. Lincoln 

Memorial Dr, Milwaukee, WI 53207, 

(414) 747–7155. 

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. The permit 

application was not received in time to 

publish an NPRM followed by a final 

rule before the effective date. Under 5 

U.S.C. 553(d)(3), good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying this rule would be 

contrary to the public interest of 

ensuring the safety of spectators and 

vessels during this event and immediate 

action is necessary to prevent possible 

loss of life or property. The Coast Guard 

has not received any complaints or 

negative comments previously with 

regard to this event. 

Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 50977 

Background and Purpose 

This temporary safety zone is 

necessary to ensure the safety of vessels 

and spectators from hazards associated 

with a boat race. Based on accidents that 

have occurred in other Captain of the 

Port zones the Captain of the Port Lake 

Michigan has determined boat races in 

close proximity to other watercraft pose 

significant risk to public safety and 

property. The likely combination of 

large numbers of recreation vessels, 

congested waterways, alcohol use, and 

currach races could easily result in 

serious injuries or fatalities. Establishing 

a safety zone to control vessel 

movement around the location of the 

currach races will help ensure the safety 

of persons and property at these events 

and help minimize the associated risks. 

Discussion of Rule 

A temporary safety zone is necessary 

to ensure the safety of spectators and 

vessels during the currach races in 

conjunction with Irish Festival Currach 

races. The event will occur between 12 

p.m. (local) and 6 p.m. (local) on August 

20 and 21, 2005. 

The safety zone for the Currach races 

will encompass all waters of Lake 

Michigan within the following 

coordinates 43°02′12′′ N, 087°53′42′′ W; 

south east to 43°02′07′′ N, 087°53′36′′ W; 

then southwest to 43°01′56′′ N, 

087°53′39′′ W, then along the shoreline 

back to the point of origin. The 

geographic coordinates are based upon 

North American Datum 1983 (NAD 83). 

The Captain of the Port Lake Michigan, 

or his designated on-scene 

representative, has the authority to 

terminate the event. 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port or the designated onscene representative. Entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Lake Michigan or his designated onscene representative. The Captain of the 

Port or his designated on-scene 

representative may be contacted via 

VHF Channel 16. 

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 

regulatory policies and procedures of 

DHS is unnecessary. 

This determination is based on the 

minimal time that vessels will be 

restricted from the zone and the zone is 

an area where the Coast Guard expects 

insignificant adverse impact to mariners 

from the zones’ activation. 

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 and operators of 

vessels intending to transit or anchor in 

a portion of Lake Michigan in 

Milwaukee, WI, between 12 p.m. (local) 

on August 20, 2005 and 6 p.m. (local) 

on August 21, 2005. 

This safety zone 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 six hour period for 

two days. In the event that this 

temporary safety zone affects shipping, 

commercial vessels may request 

permission from the Captain of the Port 

Lake Michigan to transit through the 

safety zone. The Coast Guard will give 

notice to the public via a Broadcast to 

Mariners that the regulation is in effect. 

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 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 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 will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not concern 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 

50978 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 

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 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 

procedure; and related management 

system 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 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 made a preliminary determination 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, we believe that 

this rule should be categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. This 

event establishes a safety zone; 

therefore, paragraph (34)(g) of the 

Instruction applies. 

Under figure 2–1, paragraph 34(g) of 

the Instruction, an ‘‘Environmental 

Analysis Check List’’ and ‘‘categorical 

exclusion determination’’ is not 

required under this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, 160.5; Pub. L. 107–

295, 116 Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1. 

■ 2. A new temporary section 165.T09–

115 is added as follows: 

§ 165.T09–115 Irish Festival Currach 

Races, Lake Michigan, Milwaukee, WI. 

(a) Location: The following area is a 

temporary safety zone: all waters of 

Lake Michigan within the following 

coordinates 43°02′12′′ N, 087°53′42′′ W; 

southeast to 43°02′07′′ N, 087°53′36′′ W; 

then southwest to 43°01′56′′ N, 

087°53′39′′ W, then along the shoreline 

back to the point of origin. The 

geographic coordinates are based upon 

North American Datum 1983 (NAD 83). 

(b) Effective period. This regulation is 

effective from 12 p.m. (local) until 6 

p.m. (local), on August 20 and 21, 2005. 

This zone will be enforced from 12 p.m. 

(local) until 6 p.m. (local), on August 20 

and 21, 2005. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan, or 

his designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or his designated onscene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on-scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Lake 

Michigan or his on-scene representative 

to obtain permission to do so. Vessel 

operators given permission to enter or 

operate in the safety zone shall comply 

with all directions given to them by the 

Captain of the Port Lake Michigan or his 

on-scene representative. 

Dated: August 17, 2005. 

H.M. Hamilton, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Lake Michigan. 

[FR Doc. 05–17092 Filed 8–26–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart D; 

Seasonal Adjustments—Wildlife 

AGENCIES: Forest Service, USDA; Fish 

and Wildlife Service, Interior. 

ACTION: Seasonal adjustments. 

SUMMARY: This provides notice of the 

Federal Subsistence Board’s in-season 

management actions to protect moose 

populations in Unit 22 and caribou 

populations in Unit 9. These actions 

will provide an exception to the 

Subsistence Management Regulations 

for Public Lands in Alaska, published in 

the Federal Register on June 22, 2005. 

Those regulations established seasons, 

harvest limits, methods, and means 

relating to the taking of wildlife for 

subsistence uses during the 2005 

regulatory year. 

DATES: The closure of the fall 

subsistence caribou hunting season in 

parts of Unit 9 is effective August 10, 

2005, through September 20, 2005. The 

closure of the fall subsistence moose 

hunting season in part of Unit 22A is 

effective August 15, 2005, through 

September 30, 2005. The reduced fall 

subsistence moose hunting season in 

parts of Unit 22B and 22D is effective 

August 15, 2005, through September 30, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

Thomas H. Boyd, Office of Subsistence