57146 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

month your reinstated benefits begin 

under paragraph (a) of this section and 

ends when you have had 24 payable 

months of reinstated benefits. We 

consider you to have a payable month 

for the purposes of this paragraph when 

you are due a cash benefit of any 

amount for the month based upon our 

normal computation and payment rules 

in § 416.401 through § 416.435 or if you 

are considered to be receiving SSI 

benefits in a month under section 

1619(b) of the Social Security Act. If 

your entire benefit payment due you for 

a month is adjusted for recovery of an 

overpayment under § 416.570 and 

§ 416.571 or if the amount of the 

provisional benefit already paid you for 

a month exceeds the amount of the 

reinstated benefit payable for that 

month so that no additional payment is 

due, we will consider the month a 

payable month. 

(d) Your eligibility for reinstated 

benefits ends with the month preceding 

the earliest of the following months—

(1) The month an applicable 

terminating event in §§ 416.1331 

through 416.1339 occurs; 

(2) The third month following the 

month in which your disability ceases; 

or 

(3) The month in which you die. 

(e) Determinations we make under 

this section are initial determinations 

under § 416.1402 and are subject to 

review under subpart N of part 416. 

(f) If we determine you are not eligible 

for reinstated benefits, we will consider 

your request filed under § 416.999a(a) 

your intent to claim benefits under 

§ 416.340. 

Subpart N—[Amended] 

■ 7. The authority citation for subpart N 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1631, and 1633 

of the Social Security Act (42 U.S.C. 

902(a)(5), 1383, and 1383b). 

■ 8. Amend § 416.1403 by revising 

paragraphs (a) (19) and (20), adding 

paragraph (a) (21), and revising 

paragraphs (b)(1) and (2) to read as 

follows: 

§ 416.1403 Administrative actions that are 

not initial determinations. 

(a) * * * 

(19) Determining whether we will 

refer your overpayment to the 

Department of the Treasury for 

collection by offset against Federal 

payments due you (see §§ 416.590 and 

422.310 of this chapter); 

(20) Determining whether we will 

order your employer to withhold from 

your disposable pay to collect an 

overpayment you received under title 

XVI of the Social Security Act (see part 

422, subpart E, of this chapter); and 

(21) Determining when provisional 

benefits are payable, the amount of the 

provisional benefit payable, and when 

provisional benefits terminate (see 

§ 416.999c). 

(b) * * * 

(1) If you receive an emergency 

advance payment; presumptive 

disability or presumptive blindness 

payment, or provisional payment, we 

will provide a notice explaining the 

nature and conditions of the payments. 

(2) If you receive presumptive 

disability or presumptive blindness 

payments, or provisional payments, we 

shall send you a notice when those 

payments are exhausted. 

* * * * * 

[FR Doc. 05–19529 Filed 9–29–05; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1910 

Powered Industrial Trucks 

CFR Correction 

In Title 29 of the Code of Federal 

Regulations, Parts 1900 to § 1910.999, 

revised as of July 1, 2005, in § 1910.178, 

on page 545, remove paragraphs 

(m)(12)(i), (ii), and (iii). 

[FR Doc. 05–55511 Filed 9–29–05; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–05–107] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Event; John H. Kerr Reservoir, 

Clarksville, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary special local 

regulations for ‘‘Clarksville Hydroplane 

Challenge’’, a power boat race to be held 

on the waters of the John H. Kerr 

Reservoir adjacent to Clarksville, 

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 the John H. 

Kerr Reservoir adjacent to Clarksville, 

Virginia during the power boat race. 

DATES: This rule is effective from 7:30 

a.m. to 6:30 p.m. on October 1 and 2, 

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 CGD05–05–107 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 September 1, 2005, we published 

a notice of proposed rulemaking 

(NPRM) entitled ‘‘Special Local 

Regulations for Marine Events; John H. 

Kerr Reservoir, Clarksville, VA’’ in the 

Federal Register (70 FR 52052). 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. 

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 1 and 2, 2005, the 

Virginia Boat Racing Association will 

sponsor the ‘‘Clarksville Hydroplane 

Challenge’’, on the waters of the John H. 

Kerr Reservoir. The event will consist of 

approximately 60 inboard hydroplanes 

racing in heats counter-clockwise 

around an oval racecourse. A fleet of 

spectator vessels is expected 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. 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57147 

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 

John H. Kerr Reservoir. Since no 

comments were received, no changes to 

this regulation were made. 

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 portion of the 

John H. Kerr Reservoir adjacent to 

Clarksville, Virginia 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 

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 John H. Kerr Reservoir 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 7:30 

a.m. to 6:30 p.m. on October 1 and 2, 

2005. Although the regulated area will 

apply to the entire width of the reservoir 

adjacent to Occoneechee State Park, 

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. 

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. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

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.