57148 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

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 event permit are 

specifically excluded from further 

analysis and documentation under that 

paragraph. 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–T05–107 

to read as follows: 

§ 100.35–T05–107, John H. Kerr Reservoir, 

Clarksville, Virginia. 

(a) Regulated area. The regulated area 

is established for the waters of the John 

H. Kerr Reservoir, adjacent to the State 

Route 15 Highway Bridge and 

Occoneechee State Park, Clarksville, 

Virginia, from shoreline to shoreline, 

bounded on the south by a line running 

northeasterly from a point along the 

shoreline at latitude 36°37′14′′ N, 

longitude 078°32′46.5′′ W, thence to 

latitude 36°37′39.2′′ N, longitude 

078°32′08.8′′ W, and bounded on the 

north by the State Route 15 Highway 

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 

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 Clarksville 

Hydroplane Challenge 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. 

(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 enforced from 7:30 a.m. to 6:30 

p.m. on October 1 and 2, 2005. 

Dated: September 22, 2005. 

S. Ratti, 

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

Coast Guard District, Acting. 

[FR Doc. 05–19586 Filed 9–29–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–05–105] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Choptank River, Cambridge, 

MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations for 

the ‘‘Chesapeakeman Ultra Triathlon’’, 

an event to be held October 1, 2005 on 

the waters of the Choptank River at 

Cambridge, MD. These special local 

regulations are necessary to provide for 

the safety of life on navigable waters 

during the event. This action is 

intended to temporarily restrict vessel 

traffic in a portion of the Choptank 

River during the Chesapeakeman Ultra 

Triathlon swim. 

DATES: This rule is effective from 6:30 

a.m. to 10:30 a.m. on October 1, 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 CGD05–05–105 and are available 

for inspection or copying at Commander 

(oax), Fifth Coast Guard District, 431 

Crawford Street, Room 119, 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 August 29, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Special Local Regulations for 

Marine Events; Choptank River, 

Cambridge, MD’’ in the Federal Register 

(70 FR 50997). 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 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. 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57149 

Advance notifications will be made to 

affected waterway users via marine 

information broadcasts, local radio 

stations and area newspapers. 

Background and Purpose 

On October 1, 2005, the Columbia 

Triathlon Association will sponsor the 

‘‘Chesapeakeman Ultra Triathlon’’. The 

swimming segment of the event will 

consist of approximately 300 swimmers 

competing across a 2.4-mile course 

along the Choptank River between the 

Hyatt Regency Chesapeake Bay Resort 

Beach and Great Marsh Park, 

Cambridge, Maryland. The competition 

will begin at the Hyatt Regency Beach. 

The participants will swim across to the 

finish line located at Great Marsh Park, 

swimming approximately 100 yards off 

shore, parallel with the shoreline. 

Approximately 20 support vessels will 

accompany the swimmers. Due to the 

need for vessel control during the 

swimming event, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area to provide for the safety of 

participants, support craft and other 

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. Accordingly, the Coast 

Guard is establishing temporary special 

local regulations on specified waters of 

the Choptank River. Since no comments 

were received, no changes to this 

regulation were made. 

Regulatory Evaluation 

This temporary 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 rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

Although this regulation will prevent 

traffic from transiting a segment of the 

Choptank River adjacent to Cambridge, 

MD 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. Extensive advance 

notifications will be made to the 

maritime community via Local Notice to 

Mariners, marine information 

broadcasts, area newspapers and local 

radio stations, so mariners can adjust 

their plans accordingly. Vessel traffic 

will be able to transit the regulated area 

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 would not 

have a significant economic impact on 

a substantial number of small entities. 

This 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 the Choptank River during the event. 

This rule would not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. This rule would be in 

effect for only a limited period, from 

6:30 a.m. to 10:30 a.m. on October 1, 

2005. Vessels desiring to transit the 

event area will be able to transit the 

regulated area at slow speed as the swim 

progresses, when the Coast Guard Patrol 

Commander determines it is safe to do 

so. 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 offered to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. 

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 temporary 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 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 would not result in 

such an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This 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 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 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

57150 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

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 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.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. 

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 a temporary §§ 100.35–T05– 

105 to read as follows: 

§ 100.35–T05–105 Choptank River, 

Cambridge, MD. 

(a) Regulated area. The regulated area 

includes all waters of the Choptank 

River within 200 yards either side of 

a line drawn northwesterly from a point 

on the shoreline at latitude 38°33′45′′ N, 

076°02′38′′ W, thence to latitude 

38°35′06′′ N, 076°04′42′′ W, a position 

located at Great Marsh Park, Cambridge, 

MD. 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 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 persons 

participating in the Chesapeakeman 

Ultra Triathlon swim under the auspices 

of the Marine Event Permit issued to the 

event sponsor and approved by 

Commander, Coast Guard Sector 

Baltimore. 

(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. 

(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 swim course. 

(d) Enforcement period. This section 

will be enforced from 6:30 a.m. to 10:30 

a.m. on October 1, 2005. 

Dated: September 21, 2005. 

S. Ratti, 

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

Coast Guard District, Acting. 

[FR Doc. 05–19585 Filed 9–29–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–05–122] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, 

Potomac River, Washington, DC. 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the waters 

of the Potomac River. This action is 

necessary to provide for the safety of life 

and property during a fireworks display 

on the Potomac River. The safety zone 

will allow for control of designated 

areas of the river and safeguard 

spectators and participants. 

DATES: This rule is effective from 7:30 

p.m. to 10 p.m. on October 1, 2005. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–05–

122 and are available for inspection or 

copying at Commander, Coast Guard 

Sector Baltimore, 2401 Hawkins Point 

Road, Baltimore, Maryland 21226–1791, 

between 9 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ronald Houck, Coast Guard Sector 

Baltimore, at (410) 576–2674. 

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