Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52303 

■ 3. Table Five of § 706.2 is amended by 

revising the entry for USS WINSTON S. 

CHURCHILL as follows: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE FIVE

Vessel No. 

Masthead lights 

not over all other 

lights and obstructions. Annex I, 

sec. 2(f) 

Forward masthead light not in 

forward quarter of 

ship. Annex I, sec. 

3(a) 

After masthead 

light less than 1⁄2

ship’s length aft of 

forward masthead 

light. Annex I, sec. 

3(a) 

Percentage horizontal separation 

attained 

* * * * * * * 

USS WINSTON S. CHURCHILL .......................... DDG 81 X X X 14.0 

* * * * * * * 

Approved: July 6, 2005. 

Gregg A. Cervi, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law). 

[FR Doc. 05–17528 Filed 9–1–05; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD11–05–022] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Event; Labor Day Fireworks Display, 

South Lake Tahoe, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations in 

the navigable waters of Lake Tahoe for 

the loading, transport, and launching of 

fireworks used during a fireworks 

display to be held in celebration of 

Labor Day on September 4, 2005. These 

special local regulations are intended to 

prohibit vessels and people from 

entering into or remaining within the 

regulated area and to ensure the safety 

of participants and spectators. 

DATES: This rule is effective from 10 

a.m. on September 3, 2005 to 10 p.m. on 

September 4, 2005. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of the docket CGD 11–

05–022 and are available for inspection 

or copying at Coast Guard Marine Safety 

Office San Francisco Bay, Coast Guard 

Island, Alameda, California, 94501, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Ian Callander, U.S. Coast 

Guard Marine Safety Office San 

Francisco Bay, at (510) 437–3401. 

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. Logistical 

details surrounding the event were not 

finalized and presented to the Coast 

Guard in time to draft and publish an 

NPRM. As such, the event would occur 

before the rulemaking process was 

complete. Because of the dangers posed 

by the pyrotechnics used in this 

fireworks display, special local 

regulations are necessary to provide for 

the safety of event participants, 

spectator craft, and other vessels 

transiting the event area. For the safety 

concerns noted, it is in the public 

interest to have these regulations in 

effect during the event. 

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. Any delay in the effective date 

of this rule would expose mariners to 

the dangers posed by the pyrotechnics 

used in this fireworks display. 

Background and Purpose 

The Tahoe-Douglas Visitors Authority 

is sponsoring a brief fireworks display 

on September 4, 2005 in the waters of 

South Lake Tahoe, CA. The fireworks 

display is meant for entertainment 

purposes in celebration of Labor Day. 

These special local regulations are being 

issued to establish a temporary 

regulated area in South Lake Tahoe 

around the three fireworks launch 

barges during loading of the 

pyrotechnics, during the transit of the 

barges to the display location, and 

during the fireworks display. This 

regulated area around the launch barges 

is necessary to protect spectators, 

vessels, and other property from the 

hazards associated with the 

pyrotechnics on the fireworks barges. 

The Coast Guard has granted the event 

sponsor a marine event permit for the 

fireworks display. 

Discussion of Rule 

The Coast Guard is establishing 

temporary special local regulations on 

specified waters of South Lake Tahoe, 

CA. During the loading of the fireworks 

barges, while the barges are being towed 

to the display location, and until the 

start of the fireworks display, the special 

local regulations apply to the navigable 

waters around and under the fireworks 

barges within a radius of 100 feet. 

During the 20-minute fireworks display, 

the area to which these special local 

regulations apply will increase in size to 

encompass the navigable waters around 

and under the fireworks barges 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 9:15 

p.m. on September 4, 2005, the 

fireworks 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. 

The effect of the temporary special 

local regulations will be to restrict 

general navigation in the vicinity of the 

fireworks barges while the fireworks are 

loaded at the Tahoe Keys Marina, 

52304 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 

during the transit of the fireworks 

barges, and until the conclusion of the 

scheduled display. Except for persons or 

vessels authorized by the Coast Guard 

Patrol Commander, no person or vessel 

may enter or remain in the regulated 

area. These regulations are needed to 

keep spectators and vessels a safe 

distance away from the fireworks barges 

and to ensure the safety of participants, 

spectators, and transiting vessels. 

Pursuant to 33 U.S.C. 1236, persons 

violating these special local regulations 

may be liable as follows: suspension or 

revocation of the license of a licensed 

officer for incompetence or misconduct; 

civil penalty of $6,500 for any person in 

charge of the navigation of a vessel other 

than a licensed officer; civil penalty of 

$6,500 for the owner of a vessel 

(including any corporate officer of a 

corporation owning the vessel) who is 

actually on board; and $2,750 for any 

other person. 

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). 

Although this regulation prevents 

traffic from transiting a portion of Lake 

Tahoe during the event, the effect of this 

regulation will not be significant due to 

the small size and limited duration of 

the regulated area. The entities most 

likely to be affected are pleasure craft 

engaged in recreational activities and 

sightseeing. 

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 may effect owners and 

operators of pleasure craft engaged in 

recreational activities and sightseeing. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for several 

reasons: (i) Vessel traffic can pass safely 

around the area, (ii) vessels engaged in 

recreational activities and sightseeing 

have ample space outside of the effected 

portion of Lake Tahoe to engage in these 

activities, (iii) this rule will encompass 

only a small portion of the waterway for 

a limited period of time, and (iv) the 

maritime public will be advised in 

advance of these special local 

regulations via broadcast notice to 

mariners, and/or a local notice to 

mariners. 

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 will affect your small 

business, organization, or government 

jurisdiction and you have questions 

concerning its provisions, options for 

compliance, or assistance in 

understanding this rule, please contact 

Lieutenant Ian Callander, U.S. Coast 

Guard Marine Safety Office San 

Francisco Bay, at (510) 437–3401. 

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 

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 

does 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 

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. 

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