29886 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 

■ c. By revising under Israel, in 

alphabetical order, one Israeli entity; 

The revisions read as follows: 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST

Country Entity License requirement License review policy Federal Register citation 

* * * * * * * 

EGYPT ............... H Logic, Behind 14 

Mahmoud Sedky St., El 

Ekbal, Alexandria, Egypt; 

and 11 Abd El-Hamid 

Shoman St., Nasser City, 

Cairo.

For all items subject to the 

EAR. (See § 744.11 of the 

EAR).

Presumption of denial ........... 73 FR 54504, 9/22/08. 75 FR 

[Insert FR page number 

and 5/28/10. 

* * * * * * * 

ISRAEL .............. Ben Gurion University, Israel For computers above the 

Tier 3 level described in 

Section 740.7(d) (i.e., Tier 

3 under APP)..

Case-by-case basis .............. 62 FR 4910, 2/3/97 65 FR 

12919, 03/10/00. 75 FR 

[Insert FR page number 

and 5/28/10. 

******

Dated: May 21, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–12956 Filed 5–27–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2010–0307] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Temporary Change of Dates 

for Recurring Marine Events in the 

Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard will 

temporarily change the enforcement 

period of special local regulations for 

recurring marine events in the Fifth 

Coast Guard District. These regulations 

apply to only one recurring marine 

event that conducts various river boat 

races and a parade. 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 Southern Branch, 

Elizabeth River, VA during the event. 

DATES: This rule is effective from June 

11, 2010, through June 13, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0307 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0307 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail LT Tiffany Duffy, 

Project Manager, Sector Hampton 

Roads, Waterways Management 

Division, Coast Guard; telephone 757– 

668–5580, email 

Tiffany.A.Duffy@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

delaying the effective date would be 

contrary to the public interest since 

immediate action is needed to ensure 

the public’s safety during the 34th 

Annual Norfolk Harborfest Celebration. 

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 public’s safety during 34th 

Annual Norfolk Harborfest Celebration. 

Basis and Purpose 

Marine events are frequently held on 

the navigable waters within the 

boundary of the Fifth Coast Guard 

District. The on water activities that 

typically comprise marine events 

include sailing regattas, power boat 

races, swim races and holiday boat 

parades. For a description of the 

geographical area of each Coast Guard 

Sector—Captain of the Port Zone, please 

see 33 CFR 3.25. 

This regulation temporarily changes 

the enforcement period of special local 

regulations for recurring marine events 

within the Fifth Coast Guard District. 

This regulation applies to one marine 

event in 33 CFR 100.501, Table to 

§ 100.501. 

On June 11, 12, and 13, 2010, Norfolk 

Festevents Ltd. will sponsor the ‘‘34th 

Annual Norfolk Harborfest Celebration’’ 

on the waters of the Southern Branch of 

the Elizabeth River near Norfolk, 

Virginia. The regulation at 33 CFR 

100.501 is effective annually for this 

marine event. The event will consist of 

several boat races and parades on the 

Southern Branch of the Elizabeth River 

in the vicinity of Town Point Reach, 

Norfolk, Virginia. A fleet of spectator 

vessels is expected to gather near the 

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Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 29887 

event site to view the competition. To 

provide for the safety of participants, 

spectators, support and transiting 

vessels, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area during the river boat races 

and parade. The regulation at 33 CFR 

100.501 would be enforced for the 

duration of the event. Under provisions 

of 33 CFR 100.501, on June 11, 12, and 

13, 2010, vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary special local regulation on 

specified waters of the Southern Branch, 

Elizabeth River, near Norfolk, Virginia. 

The regulated area will be established in 

the interest of public safety during the 

34th Annual Norfolk Harborfest 

Celebration, and will be enforced on 

June 11, 12, and 13, 2010. Access to the 

regulated area will be restricted during 

the specified dates or until the river boat 

races and parades are complete, 

whichever is sooner. Except for 

participants and vessels authorized by 

the Captain of the Port or his 

Representative, no person or vessel may 

enter or remain in the regulated area. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

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. 

Although this rule prevents traffic 

from transiting a portion of certain 

waterways during specified events, 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. Additionally, this 

rulemaking does not change the 

permanent regulated areas that have 

been published in 33 CFR 100.501, 

Table to § 100.501. In some cases vessel 

traffic may 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 will 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 or anchor in 

the areas where marine events are being 

held. This regulation will not have a 

significant impact on a substantial 

number of small entities because it will 

be enforced only during marine events 

that have been permitted by the Coast 

Guard Captain of the Port. The Captain 

of the Port will ensure that small 

entities are able to operate in the areas 

where events are occurring when it is 

safe to do so. In some cases, vessels will 

be able to safely transit around the 

regulated area at various times, and, 

with the permission of the Patrol 

Commander, vessels may transit 

through the regulated area. Before the 

enforcement period, the Coast Guard 

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 offer to assist small entities in 

understanding the rule so that they can 

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). 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 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 (adjusted for inflation) 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 cause 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 

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29888 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 

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 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the Instruction. This rule 

involves implementation of regulations 

within 33 CFR Part 100 that apply to 

organized marine events on the 

navigable waters of the United States 

that may have potential for negative 

impact on the safety or other interest of 

waterway users and shore side activities 

in the event area. The category of water 

activities includes but is not limited to 

sail boat regattas, boat parades, power 

boat racing, swimming events, crew 

racing, and sail board racing. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an environmental 

analysis checklist 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. 

■ 2. In § 100.501, suspend line No. 37 in 

the Table to § 100.501 from June 11, 

2010, through June 13, 2010. 

■ 3. In § 100.501, from June 11, 2010, 

through June 13, 2010, add line No. 62 

in Table to § 100.501 to read as follows: 

§ 100.501 Special Local Regulations; 

Marine Events in the Fifth Coast Guard 

District. 

* * * * * 

Table To § 100.501.—All coordinates 

listed in the Table to § 100.501 reference 

Datum NAD 1983. 

COAST GUARD SECTOR HAMPTON ROADS—COTP ZONE

No. Date Event Sponsor Location 

* * * * * * * 

62 ........................... June 11–June 13, 

2010.

Norfolk Harborfest Norfolk Festevents 

Ltd.

The waters of the Elizabeth River and its branches from 

shore to shore, bounded to the northwest by a line 

drawn across the Port Norfolk Reach section of the 

Elizabeth River between the northern corner of the 

landing at Hospital Point, Portsmouth, Virginia, latitude 

36°50′51.0′′ N, longitude 076°18′09.0′′ W and the north 

corner of the City of Norfolk Mooring Pier at the foot of 

Brooks Avenue located at latitude 36°51′00.0′′ N, longitude 076°17′52.0′′ W; bounded on the southwest by a 

line drawn from the southern corner of the landing at 

Hospital Point, Portsmouth, Virginia, at latitude 

36°50′50.0′′ N, longitude 076°18′10.0′′ W, to the northern end of the eastern most pier at the Tidewater 

Yacht Agency Marina, located at latitude 36°50′29.0′′ 

N, longitude 076°17′52.0′′ W; bounded to the south by 

a line drawn across the Lower Reach of the Southern 

Branch of the Elizabeth River, between the Portsmouth 

Lightship Museum located at the foot of London Boulevard, in Portsmouth, Virginia, at latitude 36°50′10.0′′ N, 

longitude 076°17′47.0′′ W, and the northwest corner of 

the Norfolk Shipbuilding & Drydock, Berkley Plant, Pier 

No. 1, located at latitude 36°50′08.0′′ N, longitude 

076°17′39.0′′ W; and to the southeast by the Berkley 

Bridge which crosses the Eastern Branch of the Elizabeth River between Berkley at latitude 36°50′21.5′′ N, 

longitude 076°17′14.5′′ W, and Norfolk at latitude 

36°50′35.0′′ N, longitude 076°17′10.0′′ W. 

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Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 29889 

Dated: May 12, 2010. 

M.S. Ogle, 

Captain, U.S. Coast Guard, Captain of the 

Port, Hampton Roads. 

[FR Doc. 2010–12846 Filed 5–27–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2010–0363] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Event; 2010 International Cup Regatta, 

Pasquotank River, Elizabeth City, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the enforcement 

period of special local regulations for a 

recurring marine event involving power 

boat races in the Fifth Coast Guard 

District. This action is intended to 

restrict vessel traffic in a portion of the 

Pasquotank River, near Elizabeth City, 

NC, during the 2010 International Cup 

Regatta. Special local regulations are 

necessary to provide for the safety of life 

on navigable waters during the event. 

DATES: This rule is effective from June 

4 through June 6, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0363 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0363 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Petty Officer Kevin 

Ouyoumjian, Prevention Department, 

Coast Guard Sector North Carolina, 

Atlantic Beach, NC; telephone 252–247– 

4528, e-mail 

Kevin.J.Ouyoumjian@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

potential dangers posed by vessel traffic 

operating in close proximity to high 

speed power boats makes special local 

regulations necessary to provide for the 

safety of participants, event support 

vessels, spectator craft and other 

vessels. Delaying the effective date 

would be contrary to the public interest, 

since immediate action is needed to 

ensure the safety of the event 

participants, patrol vessels, spectator 

craft and other vessels transiting the 

event area. For these reasons, it is in the 

public interest to have these regulations 

in effect during the event. The Coast 

Guard will issue broadcast notice to 

mariners to advise vessel operators of 

navigational restrictions. On scene Coast 

Guard and local law enforcement 

vessels will also provide actual notice to 

mariners. 

For the same reasons, the Coast Guard 

also finds under 5 U.S.C. 553(d)(3) that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Basis and Purpose 

This regulation temporarily changes 

the enforcement period of special local 

regulations for a recurring marine event 

in 33 CFR 100.501 and 33 CFR Table to 

§ 100.501, No. 54. On June 5 and 6, 

2010, Carolina Cup Regatta, Inc. will 

sponsor the 2010 International Cup 

Regatta hydroplane races on the waters 

of the Pasquotank River adjacent to 

Elizabeth City, North Carolina. The 

event will consist of approximately 75 

hydroplane powerboats conducting 

high-speed competitive races on the 

Pasquotank River from shoreline to 

shoreline in the vicinity of the Elizabeth 

City Waterfront, Elizabeth City, North 

Carolina. A fleet of spectator vessels is 

expected to gather near the event site to 

view the competition. 

The regulation at 33 CFR 100.501 and 

33 CFR Table to 100.501 is effective 

annually for this marine event on the 

second Saturday and Sunday of June, 

which is June 12 and 13 this year. 

Because the dates of the event this year 

differ from the effective dates in the 

CFR, this rule temporarily changes the 

effective dates of the existing regulation. 

To provide for the safety of participants, 

spectators, support and transiting 

vessels, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area during the hydroplane races. 

The existing regulation in the CFR will 

be enforced for the duration of the event 

this year on June 5 and 6 instead of June 

12 and 13. 

Discussion of Rule 

The Coast Guard is temporarily 

changing the effective dates of special 

local regulations, in 33 CFR Table to 

100.501, No. 54, for the 2010 

International Cup Regatta from ‘‘June— 

2nd Saturday and Sunday’’ to ‘‘June—1st 

Saturday and Sunday’’ because the 

regatta will be held on the latter dates 

this year. The temporary special local 

regulations in 33 CFR 100.501 will be 

enforced from 9 a.m. to 6:30 p.m. on 

June 5 and June 6, 2010, and will 

restrict general navigation in the 

regulated area described in 33 CFR 

Table to 100.501, No. 54. The name of 

the event has also changed this year 

from the Carolina Cup Regatta to the 

2010 International Cup Regatta, and the 

event sponsor’s name has changed from 

the Virginia Boat Racing Association to 

Carolina Cup Regatta, Inc. 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. These 

regulations are needed to control vessel 

traffic during the event to enhance the 

safety of participants, spectators and 

transiting vessels. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

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. 

Although this rule prevents traffic 

from transiting a portion of the 

Pasquotank River during the event, the 

effect of this regulation will not be 

significant due to the limited duration 

WReier-Aviles on DSKGBLS3C1PROD with RULES