52338 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 

regular business days between the hours 

of 9 a.m. and 4:30 p.m. at the 

Regulations Branch, Office of 

Regulations and Rulings, Customs and 

Border Protection, 799 9th Street, NW., 

5th Floor, Washington, DC. 

Arrangements to inspect submitted 

comments should be made in advance 

by calling Mr. Joseph Clark at (202) 572–

8768. 

Authority 

This change is proposed under the 

authority of 5 U.S.C. 301 and 19 U.S.C. 

2, 66, and 1624. 

Executive Order 12866 and the 

Regulatory Flexibility Act 

With DHS approval, CBP establishes, 

expands and consolidates CBP ports of 

entry throughout the United States to 

accommodate the volume of CBP-related 

activity in various parts of the country. 

The Office of Management and Budget 

has determined that this regulatory 

proposal is not a significant regulatory 

action as defined under Executive Order 

12866. This proposed rule also will not 

have significant economic impact on a 

substantial number of small entities. 

Accordingly, CBP certifies that this 

document is not subject to the 

additional requirements of the 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). 

Signing Authority 

The signing authority for this 

document falls under 19 CFR 0.2(a) 

because the establishment of a new port 

of entry and the termination of the userfee status of an airport are not within 

the bounds of those regulations for 

which the Secretary of the Treasury has 

retained sole authority. Accordingly, the 

notice of proposed rulemaking may be 

signed by the Secretary of Homeland 

Security (or his or her delegate). 

Dated: August 26, 2005. 

Michael Chertoff, 

Secretary. 

[FR Doc. 05–17536 Filed 9–1–05; 8:45 am] 

BILLING CODE 4820–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–05–098] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Willoughby Bay, Norfolk, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish temporary special local 

regulations for the ‘‘Hampton Roads 

Sailboard Classic’’, a marine event to be 

held October 29 and 30, 2005 on the 

waters of Willoughby Bay, Norfolk, 

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 Willoughby 

Bay 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, will become part 

of this docket (CGD05–05–098) 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 (CGD05–05–098), 

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. A 

30-day comment period is sufficient to 

allow those who might be affected by 

this rulemaking to submit their 

comments because the regulations have 

a narrow, local application, and there 

will be local notifications in addition to 

the Federal Register publication such as 

press releases, marine information 

broadcasts, and the Local Notice to 

Mariners. 

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 29 and 30, 2005, the 

Windsurfing Enthusiasts of Tidewater 

will sponsor the ‘‘Hampton Roads 

Sailboard Classic’’, on the waters of 

Willoughby Bay, Norfolk, Virginia. The 

event will consist of approximately 30 

sailboards racing in heats along several 

courses within Willoughby Bay. 

Spectator vessels are anticipated to 

gather near the event site to view the 

competition. To provide for the safety of 

event participants, spectators and 

transiting vessels during the event, the 

Coast Guard will temporarily restrict 

vessel movement in the event area 

during the sailboard races. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

temporary special local regulations on 

specified waters of Willoughby Bay. 

This rule will be enforced from 9 a.m. 

to 5 p.m. on October 29 and 30, 2005, 

and will restrict general navigation in 

the regulated area during the sailboard 

race. 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. Non-participating vessels 

desiring to transit Willoughby Bay 

during the event will be able to navigate 

safely around the regulated area. 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 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52339 

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. 

Although this proposed regulation 

will prevent traffic from transiting a 

portion of Willoughby Bay during the 

event, the effect of this regulation will 

not be significant because transiting 

vessels will be able to safely navigate 

around the regulated area. Extensive 

advance notifications will be made to 

the maritime community via Local 

Notice to Mariners, 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. 

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 Willoughby Bay during 

the event. 

This proposed rule would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. Transiting vessels 

will be able to safely navigate around 

the regulated area. Before the 

enforcement period, we will 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 

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. 

52340 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 

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 a temporary § 100.35–T05–098 

to read as follows: 

§ 100.35–T05–098 Willoughby Bay, 

Norfolk, Virginia. 

(a) Regulated area. The regulated area 

is established for the waters of 

Willoughby Bay contained within the 

following coordinates: 

Latitude Longitude 

36°58′36.0′′ North ..... 076°18′42.0′′ West 

36°58′00.0′′ North ..... 076°18′00.0′′ West 

36°57′49.0′′ North ..... 076°18′14.0′′ West 

36°57′36.0′′ North ..... 076°17′55.0′′ West 

36°57′26.0′′ North ..... 076°18′06.0′′ West 

36°58′15.0′′ North ..... 076°19′08.0′′ West 

36°58′36.0′′ North ..... 076°18′42.0′′ West 

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 Hampton Roads 

Sailboard Classic 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. 

(d) Enforcement period. This section 

will be enforced from 9 a.m. to 5 p.m. 

on October 29 and 30, 2005. 

Dated: August 18, 2005. 

L.L. Hereth, 

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

Fifth Coast Guard District. 

[FR Doc. 05–17513 Filed 9–1–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD08–05–049] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Lafourche Bayou, Lafourche Parish, 

LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the regulations governing six 

bridges across Bayou Lafourche, south 

of the Gulf Intracoastal Waterway, in 

Lafourche Parish, Louisiana. The 

Lafourche Parish Council has requested 

that the bridges remain closed to 

navigation at various times on weekdays 

during the school year. These closures 

will facilitate the safe, efficient 

movement of staff, students and other 

residents within the parish. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

November 1, 2005. 

ADDRESSES: You may mail comments 

and related material to Commander 

(obc), Eighth Coast Guard District, 500 

Poydras Street, New Orleans, Louisiana 

70130–3310. The Commander, Eighth 

Coast Guard District, Bridge 

Administration Branch 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 Bridge 

Administration office between 7 a.m. 

and 3 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

David Frank, Bridge Administration 

Branch, telephone 504–589–2965. 

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 (CGD08–05–049), 

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 Commander, 

Eighth Coast Guard District, Bridge 

Administration Branch at the address 

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 

The U. S. Coast Guard, at the request 

of the Lafourche Parish Council, 

proposes to modify the existing 

operating schedules of six bridges across 

Bayou Lafourche south of the Gulf 

Intracoastal Waterway in Lafourche 

Parish, Louisiana. The six bridges 

include: Golden Meadow Vertical Lift