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. 

52308 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the drawbridge operation 

regulations for the Metropolitan Avenue 

Bridge, mile 3.4, across English Kills at 

New York City, New York. Under this 

temporary deviation the bridge may 

remain in the closed position from 

September 1, 2005 through September 

30, 2005. This temporary deviation is 

necessary to facilitate bridge 

maintenance. 

DATES: This deviation is effective from 

September 1, 2005 through September 

30, 2005. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at Commander (obr), First Coast 

Guard District, 1 South Street, Battery 

Park Building, New York, NY 10004 

between 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

The telephone number is 212–668–

7165. Commander (obr), First Coast 

Guard District, maintains the public 

docket for this temporary deviation. 

FOR FURTHER INFORMATION CONTACT: Judy 

Leung-Yee, Project Officer, First Coast 

Guard District, at (212) 668–7195. 

SUPPLEMENTARY INFORMATION: The 

Metropolitan Avenue Bridge has a 

vertical clearance in the closed position 

of 10 feet at mean high water and 15 feet 

at mean low water. The existing 

drawbridge operation regulations are 

listed at 33 CFR 117.801(e). 

The owner of the bridge, New York 

City Department of Transportation 

(NYCDOT), requested a temporary 

deviation from the drawbridge operation 

regulations to facilitate rehabilitation 

repairs of the bridge. The bridge must 

remain in the closed position to perform 

these repairs. 

Under this temporary deviation the 

NYCDOT Metropolitan Avenue Bridge 

may remain in the closed position from 

September 1, 2005 through September 

30, 2005. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35, and will be performed with all 

due speed in order to return the bridge 

to normal operation as soon as possible. 

Dated: August 26, 2005. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 05–17511 Filed 9–1–05; 8:45 am] 

BILLING CODE 4910–15–U 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD13–05–027] 

RIN 1625–AA00 

Safety Zones: Fireworks Displays in 

the Captain of the Port Portland Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule; change of 

effective period. 

SUMMARY: The Coast Guard is changing 

the effective periods of the safety zones 

on the waters of the Columbia River, 

located in the Area of Responsibility 

(AOR) of the Captain of the Port, 

Portland, Oregon, during fireworks 

displays. The Captain of the Port, 

Portland, Oregon, is taking this action to 

safeguard watercraft and their occupants 

from safety hazards associated with 

these displays. Entry into these safety 

zones is prohibited unless authorized by 

the Captain of the Port. 

DATES: The new effective period of rule 

§ 165.T13–009 is from 9:30 p.m. to 11 

p.m. on August 27, 2005 and from 9:30 

p.m. to 11 p.m. on September 10, 2005. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket (CGD13–05–

027) and are available for inspection or 

copying at the U.S. Coast Guard Sector 

Portland, 6767 N. Basin Ave, Portland, 

Oregon 97217 between 7 a.m. and 4 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Petty Officer Charity Keuter, c/o Captain 

of the Port, Portland 6767 N. Basin 

Avenue, Portland, Oregon 97217, (503) 

240–9301. 

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) and 

5 U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for not publishing 

an NPRM and for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Publishing a NPRM would be contrary 

to public interest since immediate 

action is necessary to ensure the safety 

of vessels and spectators gathering in 

the vicinity of the various fireworks 

launching barges and displays. These 

events were originally scheduled for 

dates that the sponsor deemed necessary 

to change and gave the Coast Guard 

short notice of the change and if normal 

notice and comment procedures were 

followed, this rule would not become 

effective until after the dates of the 

events. For this reason, following 

normal rulemaking procedures in this 

case would be impracticable and 

contrary to the public interest. 

Background and Purpose 

The Coast Guard is establishing 

temporary safety zones to allow for safe 

fireworks displays. All events occur 

within the Captain of the Port, Portland, 

OR, Area of Responsibility (AOR). These 

events may result in a number of vessels 

congregating near fireworks launching 

barges and sites. The safety zones are 

needed to protect watercraft and their 

occupants from safety hazards 

associated with fireworks displays. This 

safety zone will be enforced by 

representatives of the Captain of the 

Port, Portland, Oregon. The Captain of 

the Port may be assisted by other 

Federal and local agencies. 

Discussion of Rule 

This rule, for safety concerns, will 

control vessels, personnel and 

individual movements in a regulated 

area surrounding the fireworks event 

indicated in section 2 of this Temporary 

Final Rule. Entry into these zones is 

prohibited unless authorized by the 

Captain of the Port, Portland or his 

designated representative. Captain of 

the Port, Portland, Oregon, will enforce 

these safety zones. The Captain of the 

Port may be assisted by other Federal 

and local agencies. 

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 this rule under 

that Order. This rule is not ‘‘significant’’

under the regulatory policies and 

procedures of the Department of 

Homeland Security (DHS). The Coast 

Guard expects the economic impact of 

this proposal to be so minimal that a full 

Regulatory Evaluation under paragraph 

10e of the regulatory policies and 

procedures act of DHS is unnecessary. 

This expectation is based on the fact 

that the regulated areas established by 

the proposed regulation will encompass 

small portions of the Columbia and 

Willamette Rivers in the Portland AOR 

on different dates, all in the evening 

when vessel traffic is low.