Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Rules and Regulations 56371 

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. 

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–T05–075 

to read as follows: 

§ 100.35–T05–075 Choptank River, 

Cambridge, MD. 

(a) 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 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(3) Participant includes all vessels 

participating in the 2005 Cambridge 

Offshore Challenge under the auspices 

of the Marine Event Permit issued to the 

event sponsor and approved by 

Commander, Coast Guard Sector 

Baltimore. 

(4) Regulated area includes all waters 

of the Choptank River, from shoreline to 

shoreline, bounded to the west by the 

Route 50 Bridge and bounded to the east 

by a line drawn along longitude 076° W, 

between Goose Point, MD and 

Oystershell Point, MD. All coordinates 

reference Datum: NAD 1983. 

(b) 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. 

(ii) Proceed as directed by any Official 

Patrol. 

(iii) 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. 

(c) Enforcement period. This section 

will be enforced from 9:30 a.m. to 5:30 

p.m. on September 25, 2005. 

Dated: September 9, 2005. 

S. Ratti, 

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

Coast Guard District, Acting. 

[FR Doc. 05–19210 Filed 9–26–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–05–097] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Delaware River, Philadelphia, 

PA and Camden, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: On August 18, 2005, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register requesting public comments 

regarding establishment of temporary 

special local regulations for ‘‘The 

Liberty Grand Prix’’, a power boat race 

to be held on the waters of the Delaware 

River, adjacent to Philadelphia, PA and 

Camden, NJ. On September 13, 2005, 

the Coast Guard learned that this marine 

event was proposed to be conducted at 

a different date and time than 

previously published in the NPRM. This 

rule changes the dates of the temporary 

regulated area. 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 

between the Walt Whitman and 

Benjamin Franklin bridges in the 

Delaware River during the power boat 

race. 

DATES: This rule is effective from 11:30 

a.m. to 5:30 p.m. on October 8 and 9, 

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 CGD05–05–097 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 M. Sens, Project Manager, 

Auxiliary and Recreational Boating 

Safety Branch, at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On August 18, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Special Local Regulations for 

Marine Events; Delaware River, 

Philadelphia, PA and Camden, NJ’’ in 

the Federal Register (70 FR 48505). We 

received no letters 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 

days after publication in the Federal 

Register. Delaying its effective date 

would be contrary to public interest, 

since immediate action is needed to 

protect event participants, spectator 

craft and other vessels transiting the 

event area from the dangers of highspeed power boat racing. However 

advance notifications will be made to 

affected waterway users via marine 

information broadcasts, local radio 

stations and area newspapers. 

Background and Purpose 

On October 8 and 9, 2005, the 

Offshore Performance Association, Inc. 

will sponsor the ‘‘The Liberty Grand 

Prix’’, on the waters of the Delaware 

River. The event will consist of 

approximately 40 V-hull and twin-hull 

inboard hydroplanes racing in heats 

counter-clockwise around an oval race 

course. A fleet of spectator vessels is 

anticipated to gather nearby to view the 

competition. Due to the need for vessel 

control during the event, vessel traffic 

will be temporarily restricted to provide 

for the safety of participants, spectators 

and transiting vessels. 

Discussion of Comments and Changes 

No comments were received in 

response to the notice of proposed 

rulemaking (NPRM) published in the 

Federal Register. 

On September 13, 2005, the Coast 

Guard learned that this power boat race 

was proposed to be conducted at a 

different date and time than previously 

announced in the notice of proposed 

rulemaking (NPRM) that was published 

on August 18, 2005. This temporary rule 

will change both the dates and times of 

56372 Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Rules and Regulations 

the special local regulations. The 

temporary special local regulations will 

be enforced from 11:30 a.m. until 5:30 

p.m. on October 8 and 9, 2005. 

The Coast Guard has taken steps to 

notify local waterway users of the 

change in dates and times so they may 

adjust their plans accordingly. Vessel 

traffic will be allowed to transit the 

regulated area between on the water 

events, when the Patrol Commander 

determines it is safe to do so. The Patrol 

Commander may intermittently 

authorize general navigation to pass 

through the regulated area. Notice of 

these opportunities will be given via 

marine safety radio broadcast on VHF–

FM marine band radio, channel 16 

(156.8 MHz) and channel 22 (157.1 

MHz). 

Accordingly, the Coast Guard is 

establishing temporary special local 

regulations on specified waters of the 

Delaware River. 

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 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 segment of the 

Delaware River adjacent to 

Philadelphia, PA and Camden, NJ 

during the event, the impact 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. 

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 Delaware 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 11:30 

a.m. to 5:30 p.m. on October 8 and 9, 

2005. Although the regulated area will 

apply to the entire width of the 

Delaware River between the Walt 

Whitman and Benjamin Franklin 

bridges, 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. 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. 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. 

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 

Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Rules and Regulations 56373 

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 event 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–T05–097 

to read as follows: 

§ 100.35–T05–097 Delaware River, 

Philadelphia, PA, Camden, NJ. 

(a) Regulated area. The regulated area 

is established for the waters of the 

Delaware River, adjacent to 

Philadelphia, PA and Camden, NJ, from 

shoreline to shoreline, bounded on the 

south by the Walt Whitman Bridge and 

bounded on the north by the Benjamin 

Franklin 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 

Delaware Bay. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Delaware Bay with 

a commissioned, warrant, or petty 

officer on board and displaying a Coast 

Guard ensign. 

(c) Regulations: (1) No person or 

vessel may enter or remain in the 

regulated area unless participating in 

the event or authorized by the Patrol 

Commander. The Patrol Commander 

may intermittently authorize general 

navigation to pass through the regulated 

area. Notice of these opportunities will 

be given via marine safety radio 

broadcast on VHF–FM marine band 

radio, channel 16 (156.8 MHz) and 

channel 22 (157.1 MHz). 

(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) 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 effective from 11:30 a.m. to 5:30 

p.m. on October 8 and 9, 2005. 

Dated: September 15, 2005. 

S. Ratti, 

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

Coast Guard District, Acting. 

[FR Doc. 05–19209 Filed 9–26–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–05–088] 

Drawbridge Operation Regulations: 

Fort Point Channel, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the drawbridge operation 

regulations for the Northern Avenue 

Bridge, mile 0.1, across Fort Point 

Channel at Boston, Massachusetts. A 

one-hour advance notice will be 

required for bridge openings from 7 a.m. 

to 11 p.m., September 15, 2005 through 

October 31, 2005, and from 7 a.m. to 3 

p.m., November 1, 2005 through 

November 14, 2005. This temporary 

deviation is necessary to facilitate 

bridge maintenance repairs. 

DATES: This deviation is effective from 

September 15, 2005 through November 

14, 2005. 

FOR FURTHER INFORMATION CONTACT: John 

McDonald, Project Officer, First Coast 

Guard District, at (617) 223–8364. 

SUPPLEMENTARY INFORMATION: The 

Northern Avenue Bridge has a vertical 

clearance in the closed position of 7 feet 

at mean high water and 16 feet at mean 

low water. The existing drawbridge 

operation regulations are listed at 33 

CFR 117.599. 

The owner of the bridge, the City of 

Boston, requested a temporary deviation 

from the drawbridge operation 

regulations to facilitate replacement of 

the submarine power supply cable at the 

bridge. The old power supply cable 

failed and until it can be replaced the 

bridge must temporarily operate using 

an electrical generator. 

Additional time is necessary for 

bridge openings as a result of the use of 

the temporary generator in order to start 

and adjust the generator voltage prior to 

opening the bridge. A one-hour advance 

notice is necessary to allow sufficient