Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52305 

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–T11–037 

to read as follows: 

§ 100.35–T11–037 Labor Day Fireworks 

Display, South Lake Tahoe, CA. 

(a) Regulated Area. A regulated area is 

established for the waters of South Lake 

Tahoe surrounding three barges used as 

launch platforms for a fireworks 

display. During the loading of the 

fireworks barges, during the transit of 

the fireworks barges to the display 

location, and until the start of the 

fireworks display, the regulated area 

encompasses the navigable waters 

around and under each of the fireworks 

barges within a radius of 100 feet. 

During the 20-minute fireworks display, 

the regulated area increases in size to 

encompass the navigable waters around 

and under each fireworks launch barge 

within a radius of 1,000 feet. Loading of 

the pyrotechnics onto the fireworks 

barges is scheduled to commence at 10 

a.m. on September 3, 2005, and will 

take place at the Tahoe Keys Marina in 

South Lake Tahoe, CA. Towing of the 

barges from the Tahoe Keys Marina to 

the display location is scheduled to take 

place between 12 p.m. and 7 p.m. on 

September 4, 2005. During the fireworks 

display, scheduled to commence at 

approximately 9:15 p.m. on September 

4, 2005, the barges will be located 

approximately 1,500 feet off the South 

Lake Tahoe waterfront near the 

California/Nevada border in position 

38°57′54′′ N, 119°57′18′′ W. 

(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, Sector San Francisco Bay. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector San Francisco Bay 

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 an Official 

Patrol. 

(d) Enforcement Period. This section 

will be enforced from 10 a.m. on 

September 3, 2005 to 10 p.m. on 

September 4, 2005. If the event 

concludes prior to the scheduled 

termination time, the Coast Guard will 

cease enforcement of the special local 

regulations and will announce that fact 

via Broadcast Notice to Mariners. 

Dated: August 23, 2005. 

K.J. Eldridge, 

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

Eleventh Coast Guard District. 

[FR Doc. 05–17468 Filed 9–1–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–05–005] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Pasquotank River, Elizabeth 

City, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary special local 

regulations for the ‘‘Elizabeth City 

Jaycee Offshore Grand Prix’’, a power 

boat race to be held on the waters of the 

Pasquotank River adjacent to Elizabeth 

City, NC. 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 the Pasquotank River 

during the power boat race. 

DATES: This rule is effective from 7:30 

a.m. on September 23, 2005 to 6:30 p.m. 

on September 25, 2005. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket CGD05–05–

005 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: 

Dennis Sens, Project Manager, Auxiliary 

and Recreational Boating Safety Branch, 

at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On June 28, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulations for 

Marine Events; Pasquotank River, 

Elizabeth City, NC in the Federal 

Register (70 FR 37066). No letters were 

received 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 

52306 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 

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, spectator craft and other 

vessels transiting the event area. 

However, advance notifications will be 

made to mariners via marine 

information broadcasts, local radio 

stations and area newspapers. 

Background and Purpose 

On September 23, 24 and 25, 2005, 

the American Power Boat Association/ 

Super Boats International will sponsor 

the ‘‘Elizabeth City Jaycee Offshore 

Grand Prix’’, on the waters of the 

Pasquotank River at Elizabeth City, 

North Carolina. The event will consist 

of approximately 40 offshore power 

boats participating in high-speed 

competitive races, to be conducted in 

heats, traveling counter-clockwise 

around an oval racecourse. A fleet of 

approximately 250 spectator vessels is 

expected to gather near the event site to 

view the competition. To provide for the 

safety of participants, spectators and 

other transiting vessels, the Coast Guard 

will temporarily restrict vessel traffic in 

the event area during the races. 

Discussion of Rule 

The Coast Guard is establishing 

temporary special local regulations on 

specified waters of the Pasquotank 

River. The temporary special local 

regulations will be enforced from 7:30 

a.m. to 6:30 p.m. on September 23, 24 

and 25, 2005. The effect of the 

temporary special local regulations will 

be to restrict general navigation in the 

regulated area during the races. Except 

for persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the regulated area. Non-participating 

vessels will be allowed to transit the 

regulated area between races, when the 

Coast Guard Patrol Commander 

determines it is safe to do so. 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 final 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 the 

Pasquotank River 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 

and the extensive advance notifications 

that will be made to the maritime 

community via marine information 

broadcasts, local radio stations 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. 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 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 the Pasquotank 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 7:30 

a.m. to 6:30 p.m. on September 23, 24, 

and 25, 2005. Although the regulated 

area will apply to a 4 mile segment of 

the Intracoastal Waterway channel 

south of the Elizabeth City Draw Bridge 

to Pasquotank River Light ‘‘5A’’ (LLN 

31420), 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 shall proceed at the 

minimum speed necessary to maintain a 

safe course that minimizes wake near 

the race course. The Patrol Commander 

will allow non-participating vessels to 

transit the event area between races. 

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 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. 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. 

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 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52307 

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 

will 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 

and 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 M16475.1D, 

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)(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. From September 23, 2005 to 

September 25, 2005 add a temporary 

§ 100.35–T05–005 to read as follows: 

§ 100.35–T05–005, Pasquotank River, 

Elizabeth City, NC. 

(a) Regulated area. The regulated area 

is established for the waters of the 

Pasquotank River, adjacent to Elizabeth 

City, NC, from shoreline to shoreline, 

bounded on the east by a line running 

northerly from a point near the 

shoreline in the vicinity of Brickhouse 

Point at latitude 36°15′52′′ N, longitude 

076°09′22′′ W, thence to latitude 

36°17′18′′ N, longitude 076°08′47′′ W, 

and bounded on the west by the 

Elizabeth City Draw 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 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 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) The operator of a vessel in the 

regulated area shall 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 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 September 23, 24 and 25, 2005. 

Dated: August 22, 2005. 

S.H. Ratti, 

Captain, U.S. Coast Guard, Commander, Fifth 

Coast Guard District, Acting. 

[FR Doc. 05–17469 Filed 9–1–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–05–082] 

Drawbridge Operation Regulations; 

Newtown Creek, Dutch Kills, English 

Kills and Their Tributaries, New York 

City, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations.