61032 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations 

U.S.C. 2601 et seq.), the United States 

entered into a bilateral agreement with 

the Republic of Nicaragua on October 

20, 2000, concerning the imposition of 

import restrictions on certain categories 

of archeological material from the PreHispanic cultures of the Republic of 

Nicaragua. On October 26, 2000, 

Customs and Border Protection (CBP) 

published T.D. 00–75 in the Federal 

Register (65 FR 64140), which amended 

19 CFR 12.104g(a) to reflect the 

imposition of these restrictions and 

included a list designating the types of 

articles covered by the restrictions. 

Import restrictions listed in 19 CFR 

12.104g(a) are ‘‘effective for no more 

than five years beginning on the date on 

which the agreement enters into force 

with respect to the United States. This 

period can be extended for additional 

periods not to exceed five years if it is 

determined that the factors which 

justified the initial agreement still 

pertain and no cause for suspension of 

the agreement exists’’ (19 CFR 

12.104g(a)). 

After reviewing the findings and 

recommendations of the Cultural 

Property Advisory Committee, the 

Acting Assistant Secretary for 

Educational and Cultural Affairs, United 

States Department of State, concluding 

that the cultural heritage of Nicaragua 

continues to be in jeopardy from pillage 

of Pre-Hispanic archaeological 

resources, made the necessary 

determination to extend the import 

restrictions for an additional five years 

on September 1, 2005. Accordingly, CBP 

is amending 19 CFR 12.104g(a) to reflect 

the extension of the import restrictions. 

The Designated List of Pre-Columbian 

(Pre-Hispanic) Archaeological Materials 

from Nicaragua covered by these import 

restrictions is set forth in T.D. 00–75. 

The Designated List and accompanying 

image database may also be found at the 

following Internet Web site address: 

http://exchanges.state.gov/culprop. The 

restrictions on the importation of these 

archaeological materials from the 

Republic of Nicaragua are to continue in 

effect for an additional 5 years. 

Importation of such material continues 

to be restricted unless: 

(1) Accompanied by appropriate 

export certification issued by the 

Government of Nicaragua; or 

(2) With respect to Pre-Columbian 

material from archaeological sites 

throughout Nicaragua, documentation 

exists that exportation from Nicaragua 

occurred prior to October 26, 2000. 

Inapplicability of Notice and Delayed 

Effective Date 

This amendment involves a foreign 

affairs function of the United States and 

is, therefore, being made without notice 

or public procedure (5 U.S.C. 553(a)(1)). 

In addition, CBP has determined that 

such notice or public procedure would 

be impracticable and contrary to the 

public interest because the action being 

taken is essential to avoid interruption 

of the application of the existing import 

restrictions (5 U.S.C. 553(b)(B)). For the 

same reasons, pursuant to 5 U.S.C. 

553(d)(3), a delayed effective date is not 

required. 

Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) do not apply. 

Executive Order 12866 

This amendment does not meet the 

criteria of a ‘‘significant regulatory 

action’’ as described in Executive Order 

12866. 

Signing Authority 

This regulation is being issued in 

accordance with 19 CFR 0.1(a)(1). 

List of Subjects in 19 CFR Part 12 

Cultural property, Customs duties and 

inspection, Imports, Prohibited 

merchandise. 

Amendment to CBP Regulations 

■ For the reasons set forth above, part 12 

of Title 19 of the Code of Federal 

Regulations (19 CFR part 12), is 

amended as set forth below: 

PART 12—SPECIAL CLASSES OF 

MERCHANDISE 

■ 1. The general authority citation for 

part 12 and the specific authority 

citation for § 12.104g continue to read as 

follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 

(General Note 3(i), Harmonized Tariff 

Schedule of the United States (HTSUS)), 

1624; 

* * * * * 

Sections 12.104 through 12.104i also 

issued under 19 U.S.C. 2612; 

* * * * * 

§ 12.104 [Amended] 

■ 2. In § 12.104g(a), the table of the list 

of agreements imposing import 

restrictions on described articles of 

cultural property of State Parties is 

amended in the entry for Nicaragua by 

removing the reference to ‘‘T.D. 00–75’’

in the column headed ‘‘Decision No.’’

and adding in its place the language 

‘‘T.D. 00–75 extended by CBP Dec. 05–

33’’. 

Robert C. Bonner, 

Commissioner, Bureau of Customs and Border 

Protection. 

Approved: October 17, 2005. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 05–21049 Filed 10–19–05; 8:45 am] 

BILLING CODE 9110–06–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: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary special local 

regulations for ‘‘Hampton Roads 

Sailboard Classic’’, a marine event to be 

held 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: This rule is effective from 9 a.m. 

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

October 30, 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 CGD05–05–098 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 September 2, 2005, we published 

a notice of proposed rulemaking 

(NPRM) entitled ‘‘Special Local 

Regulations for Marine Events; 

Willoughby Bay, Norfolk, VA’’ in the 

Federal Register (70 FR 52338). We 

Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations 61033 

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 boats 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 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 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 

Willoughby Bay. 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 segment of 

Willoughby Bay 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 Willoughby Bay during the event. 

This rule will 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. 

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, 

61034 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations 

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 

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 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–T05–098 

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 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 9 a.m. to 5 p.m. 

on October 29 and 30, 2005. 

Dated: October 11, 2005. 

S. Ratti, 

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

Coast Guard District, Acting. 

[FR Doc. 05–21017 Filed 10–19–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–05–104] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Spa Creek, Annapolis, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: On September 1, 2005, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) in the 

Federal Register requesting public 

comments regarding establishment of 

permanent special local regulations for 

‘‘Tug-of-War’’, a marine event 

conducted over the waters of Spa Creek 

between Eastport and Annapolis, 

Maryland. 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 Spa Creek during the event. 

DATES: Effective October 20, 2005. For 

2005 only, this rule is enforced from 

9:30 a.m. to 12 p.m. on October 29, 

2005. Thereafter, this rule will be 

enforced annually from 10:30 a.m. to 

2:30 p.m. on the first Saturday in 

November. 

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 CGD05–05–104 and are available 

for inspection or copying at Commander 

(oax), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia