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Federal Register / Vol. 71, No.

134 / Thursday, July 13, 2006 / Rules and Regulations 39563

Under figure 2–1, paragraph (34)(h), (c) Special local regulations: DATES: Enforcement Dates: 33 CFR
of the Instruction, an ‘‘Environmental (1) Except for event participants and 100.519 will be enforced from 5 a.m.
Analysis Check List’’ and a ‘‘Categorical persons or vessels authorized by the July 26 to 4:30 p.m. on July 28, 2006.
Exclusion Determination’’ are not Coast Guard Patrol Commander, no FOR FURTHER INFORMATION CONTACT:
required for this rule. person or vessel may enter or remain in Marine Events Coordinator,
the regulated area. Commander, Coast Guard Sector Field
List of Subjects in 33 CFR Part 100 (2) The operator of any vessel in the Office Hampton Roads, 3823 Main
Marine safety, Navigation (water), regulated area shall: Street, Chincoteague, VA 23336–1809,
Reporting and recordkeeping (i) Stop the vessel immediately when and (757) 336–2891.
requirements, Waterways. directed to do so by any Official Patrol. SUPPLEMENTARY INFORMATION: The
(ii) Proceed as directed by any Official Chincoteague Volunteer Fire Company,
■ For the reasons discussed in the Patrol.
preamble, the Coast Guard amends 33 Inc., will sponsor the Annual Pony
(iii) When authorized to transit the Swim on the waters of the Assateague
CFR part 100 as follows: regulated area, all vessels shall proceed Channel, near Chincoteague, Virginia
PART 100—SAFETY OF LIFE ON at the minimum speed necessary to from 5 a.m. to 4:30 p.m on 26 and 28
NAVIGABLE WATERS maintain a safe course that minimizes July, 2006. Approximately 75 ponies
wake near the race course. will cross Assateague Channel from
■ 1. The authority citation for part 100 (d) Effective Period: This section is Assateague Island to Chincoteague, VA.
continues to read as follows: effective from 11:30 a.m. on August 5, In order to ensure the safety of
Authority: 33 U.S.C. 1233; Department of 2006 to 4:30 p.m. on August 6, 2006. participants, spectators and transiting
Homeland Security Delegation No. 0170.1. (e) Enforcement period: This section vessels, 33 CFR 100.519 will be
will be enforced from 11:30 a.m. to 4:30 enforced for the duration of the event.
■ 2. Add a temporary § 100.35–T05–036 p.m. on August 5, 2006. If the race is
to read as follows: Under the provisions of 33 CFR 100.519,
postponed due to weather, then the vessels may not enter the regulated area
§ 100.35–T05–036 Chesapeake Bay, Cape temporary special local regulations will without permission from the Coast
Charles, Virginia. be enforced during the same time period Guard Patrol Commander. Spectator
the next day, August 6, 2006. vessels may anchor outside the
(a) Definitions: The following
definitions apply to this section: Dated: June 29, 2006. regulated area but may not block a
(1) Coast Guard Patrol Commander Larry L. Hereth, navigable channel. Because these
means a commissioned, warrant, or Rear Admiral, U.S. Coast Guard, Commander, restrictions will be enforced for a
petty officer of the Coast Guard who has Fifth Coast Guard District. limited period, they should not result in
been designated by the Commander, [FR Doc. E6–10981 Filed 7–12–06; 8:45 am] a significant disruption of maritime
Coast Guard Sector Hampton Roads. BILLING CODE 4910–15–P traffic.
(2) Official Patrol means any vessel In addition to this notice, the
assigned or approved by Commander, maritime community will be provided
Coast Guard Sector Hampton Roads DEPARTMENT OF HOMELAND extensive advance notification via the
with a commissioned, warrant, or petty SECURITY Local Notice to Mariners, marine
officer on board and displaying a Coast information broadcasts, local
Guard ensign. Coast Guard newspapers and radio stations so
(3) Participant includes all vessels mariners can adjust their plans
participating in the East Coast Boat 33 CFR Part 100 accordingly.
Racing Club power boat race under the [CGD05–06–067] Dated: June 13, 2006.
auspices of a Marine Event Permit Larry L. Hereth,
issued to the event sponsor and RIN 1625–AA08
Rear Admiral, U.S. Coast Guard, Commander,
approved by Commander, Coast Guard Fifth Coast Guard District.
Special Local Regulations for Marine
Sector Hampton Roads.
Events; Assateague Channel, [FR Doc. E6–10977 Filed 7–12–06; 8:45 am]
(b) Regulated area: A regulated area is
Chincoteague, VA BILLING CODE 4910–15–P
established for the waters of the
Chesapeake Bay, along the shoreline AGENCY: Coast Guard, DHS.
adjacent to Cape Charles, Virginia, to ACTION: Notice of enforcement of DEPARTMENT OF HOMELAND
and including waters up to 300 yards regulation. SECURITY
offshore, parallel with the Cape Charles
Beach shoreline in this area. The area is SUMMARY: The Coast Guard is Coast Guard
bounded on the south by a line running implementing the special local
northwesterly from the Cape Charles regulations for the 2006 Annual [CGD05–06–039]
shoreline at latitude 37°16′.2″ North, Chincoteague Pony Swim, a marine 33 CFR Part 117
longitude 076°01′28.5″ West, to a point event to be held July 26 and July 28,
offshore approximately 300 yards at 2006, on the waters of Assateague RIN 1625–AA09
latitude 37°16′3.4″ North, longitude Channel at Chincoteague, Virginia.
076°01′36.6″ West, and bounded on the These special local regulations are Drawbridge Operation Regulations;
north by a line running northwesterly necessary to control vessel traffic due to James River, Between Isle of Wight
from the Cape Charles shoreline at the confined nature of the waterway and and Newport News, VA
latitude 37°16′26.2″ North, longitude to provide for the safety of life on AGENCY: Coast Guard, DHS.
076°01′14″ West, to a point offshore navigable waters during the event. The
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ACTION: Temporary final rule.

approximately 300 yards at latitude effect will be to restrict general
37°16′28.9″ North, longitude navigation in the regulated area for the SUMMARY: The Coast Guard is
076°01′24.1″ West. All coordinates safety of spectators and vessels temporarily changing the regulations
reference Datum NAD 1983. transiting the event area. that govern the operation of the James

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39564 Federal Register / Vol. 71, No. 134 / Thursday, July 13, 2006 / Rules and Regulations

River Bridge, at mile 5.0, between Isle Host, Inc., the Virginia Pilots we want to assist small entities in
of Wight and Newport News, Virginia. Association, the Steamship Trade understanding this rule so that they can
The temporary final rule will provide Committee and the Armed Forces—U.S. better evaluate its effects on them and
vessel openings of the drawbridge upon Army and Navy) to inform them that participate in the rulemaking process.
two hours advance notice 24 hours a this work will reduce the available No assistance was requested from any
day beginning at 7 a.m. July 13, 2006. vertical clearance of the lift span to 58 small entity.
This action was requested by the feet, at mean high water, in the closed-
Collection of Information
contractor, on behalf of Virginia to-navigation position and to 143 feet, at
Department of Transportation (DOT), to mean high water, in the full open-to- This rule calls for no new collection
facilitate sandblasting and painting navigation position; and by calling the of information under the Paperwork
operations. bridge tender at (757) 247–2133 or via Reduction Act of 1995 (44 U.S.C. 3501–
DATES: This temporary rule is effective marine radio on channel 13 VHF will 3520).
7 a.m. July 13, 2006 until 11 p.m. on provide for advance opening requests. Federalism
December 31, 2006. Regulatory Evaluation A rule has implications for federalism
ADDRESSES: Documents indicated in this This final rule is not a ‘‘significant under Executive Order 13132,
preamble as being available in the regulatory action’’ under section 3(f) of Federalism, if it has a substantial direct
docket, are part of docket CGD05–06– Executive Order 12866, Regulatory effect on State or local governments and
039 and are available for inspection or Planning and Review, and does not would either preempt State law or
copying at Commander (dpb), Fifth require an assessment of potential costs impose a substantial direct cost of
Coast Guard District, Federal Building, and benefits under section 6(a)(3) of that compliance on them. We have analyzed
1st Floor, 431 Crawford Street, Order. The Office of Management and this rule under that Order and have
Portsmouth, VA 23704–5004 between 8 Budget has not reviewed it under that determined that it does not have
a.m. and 4 p.m., Monday through Order. It is not ‘‘significant’’ under the implications for federalism.
Friday, except Federal holidays. The regulatory policies and procedures of
Fifth Coast Guard District maintains the Unfunded Mandates Reform Act
the Department of Homeland Security
public docket for this rulemaking. (DHS). The Unfunded Mandates Reform Act
FOR FURTHER INFORMATION CONTACT: Bill We expect the economic impact of of 1995 (2 U.S.C. 1531–1538) requires
H. Brazier, Bridge Management this temporary final rule to be so Federal agencies to assess the effects of
Specialist, Fifth Coast Guard District, at minimal that a full Regulatory their discretionary regulatory actions. In
(757) 398–6422. Evaluation under the regulatory policies particular, the Act addresses actions
SUPPLEMENTARY INFORMATION: and procedures of DHS is unnecessary. that may result in the expenditure by a
We reached this conclusion based on State, local, or tribal government, in the
Good Cause for Not Publishing an aggregate, or by the private sector of
the fact that this rule will have only a
NPRM $100,000,000 or more in any one year.
minimal impact on maritime traffic
We did not publish a notice of transiting the bridge. Mariners requiring Though this rule will not result in such
proposed rulemaking (NPRM) for this drawbridge openings can plan their an expenditure, we do discuss the
regulation. Under 5 U.S.C. 553(b)(B), the trips in accordance with the two-hour effects of this rule elsewhere in this
Coast Guard finds that good cause exists advance request, to minimize delays. preamble.
for not publishing an NPRM, because it
is impracticable and contrary to the Small Entities Taking of Private Property
public interest to delay in making this Under the Regulatory Flexibility Act This rule would not affect a taking of
rule effective. This temporary final rule (5 U.S.C. 601–612), we have considered private property or otherwise have
needs to be published as soon as whether this rule would have a taking implications under Executive
possible so that necessary repairs can be significant economic impact on a Order 12630, Governmental Actions and
made to the James River Bridge. substantial number of small entities. Interference with Constitutionally
The term ‘‘small entities’’ comprises Protected Property Rights.
Good Cause for Making Rule Effective small businesses, not-for-profit
in Less Than 30 Days Civil Justice Reform
organizations that are independently
Under 5 U.S.C. 553(d)(3), the Coast owned and operated and are not This rule meets applicable standards
Guard finds good cause exists for dominant in their fields, and in sections 3(a) and 3(b)(2) of Executive
making this rule effective less than 30 governmental jurisdictions with Order 12988, Civil Justice Reform, to
days after publication in the Federal populations of less than 50,000. minimize litigation, eliminates
Register for the same reasons stated in The Coast Guard certifies under 5 ambiguity, and reduce burden.
the preceding paragraph. U.S.C. 605(b) that this rule would not
Protection of Children
have a significant economic impact on
Background and Purpose We have analyzed this rule under
a substantial number of small entities.
Alpha Painting & Construction Vessel operators with mast height lower Executive Order 13045, Protection of
Company, Inc. (the contractor), on than 58 feet still can transit through the Children from Environmental Health
behalf of the Virginia DOT who owns drawbridge during the cleaning and Risks and Safety Risks. This rule is not
and operates this vertical lift-type painting and openings of draw span for an economically significant rule and
bridge, requested a temporary change to larger vessels will be provided with a would not create an environmental risk
the operating regulations for the James two-hour advance notice to the bridge to health or risk to safety that might
River Bridge, at mile 5.0, between Isle tender. disproportionately affect children.
of Wight and Newport News, VA to
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perform sandblasting and painting. The Assistance for Small Entities Indian Tribal Governments
Coast Guard held numerous pre- Under section 213(a) of the Small This rule does not have tribal
construction meetings with known users Business Regulatory Enforcement implications under Executive Order
of the waterway (Ship Agent—T. Parker Fairness Act of 1996 (Pub. L. 104–121), 13175, Consultation and Coordination

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Federal Register / Vol. 71, No. 134 / Thursday, July 13, 2006 / Rules and Regulations 39565

with Indian Tribal Governments, documentation because it has been crew, spectators, participants of the
because it does not have a substantial determined that the promulgation of event, participating vessels and other
direct effect on one or more Indian operating regulations for drawbridges vessels and users of the waterway.
tribes, on the relationship between the are categorically excluded. Persons and vessels are prohibited from
Federal Government and Indian tribes, entering into, transiting through, or
List of Subjects in 33 CFR Part 117
or on the distribution of power and anchoring within this safety zone unless
responsibilities between the Federal Bridges. authorized by the Captain of the Port, or
Government and Indian tribes. his designated representative.
Energy Effects DATES: This rule is effective from 9 p.m.
■ For the reasons discussed in the (local) through 10 p.m. (local) on the
We have analyzed this rule under preamble, the Coast Guard amends 33 following dates: June 30, July 1, July 2,
Executive Order 13211, Actions CFR part 117 as follows: July 7, July 8, July 14, July 15, July 21,
Concerning Regulations That July 22, July 28, July 29, August 4,
Significantly Affect Energy Supply, PART 117—DRAWBRIDGE August 5, August 11, August 12, August
Distribution, or Use. We have OPERATION REGULATIONS 18, August 19, August 20, August 25,
determined that it is not a ‘‘significant
■ 1. The authority citation for part 117 August 26, August 31, September 1,
energy action’’ under that order because
continues to read as follows: September 2, and September 3, 2006.
it is not a ‘‘significant regulatory action’’
ADDRESSES: Documents indicated in this
under Executive Order 12866 and is not Authority: 33 U.S.C. 499; Department of
likely to have a significant adverse effect Homeland Security Delegation No. 0170.1; 33 preamble as being available in the
on the supply, distribution, or use of CFR 1.05–1(g); section 117.255 also issued docket are part of docket COTP San
energy. The Administrator of the Office under the authority of Public Law 102–587, Diego 06–051 and are available for
of Information and Regulatory Affairs 106 Stat. 5039. inspection or copying at Coast Guard
has not designated it as a significant Sector San Diego, 2710 N. Harbor Drive,
■ 2. From 7 a.m. July 13, 2006, to 11 San Diego, CA 92101–1028, between 8
energy action. Therefore, it does not p.m. on December 31, 2006, add
require a Statement of Energy Effects a.m. (PST) and 3 p.m. (PST), Monday
temporary § 117.T1012 to read as through Friday, except Federal holidays.
under Executive Order 13211. follows:
Technical Standards § 117.T1012 James River. Chief Petty Officer Eric Carroll, USCG,
The National Technology Transfer From 7 a.m. July 13, 2006, until 11 c/o U.S. Coast Guard Captain of the
and Advancement Act (NTTAA) (15 p.m. on December 31, 2006, the draw of Port, (619) 278–7277.
U.S.C. 272 note) directs agencies to use the James River Bridge, mile 5.0, SUPPLEMENTARY INFORMATION:
voluntary consensus standards in their between Isle of Wight and Newport
regulatory activities unless the agency Regulatory Information
News, shall open on signal if at least
provides Congress, through the Office of two hours notice is given to the bridge We did not publish a notice of
Management and Budget, with an tender at (757) 247–2133 or via marine proposed rulemaking (NPRM) for this
explanation of why using these radio on channel 13 VHF. regulation. Under 5 U.S.C. 553(b)(B), the
standards would be inconsistent with Coast Guard finds that good cause exists
Dated: June 29, 2006. for not publishing an NPRM. Logistical
applicable law or otherwise impractical.
Voluntary consensus standards are L.L. Hereth, details surrounding the fireworks show
technical standards (e.g., specifications Rear Admiral, U.S. Coast Guard, Commander, were not finalized nor presented to the
of materials, performance, design, or Fifth Coast Guard District. Coast Guard in time to draft and publish
operation; test methods; sampling [FR Doc. E6–10979 Filed 7–12–06; 8:45 am] an NPRM. As such, the event would
procedures; and related management BILLING CODE 4910–15–P occur before the rulemaking process was
systems practices) that are developed or complete.
adopted by voluntary consensus Under 5 U.S.C. 553(d)(3), the Coast
standards bodies. DEPARTMENT OF HOMELAND Guard also finds that good cause exists
This rule does not use technical SECURITY for making this rule effective less than
standards. Therefore, we did not 30 days after publication in the Federal
Coast Guard Register for the safety zones established
consider the use of voluntary consensus
standards. on the following dates: June 30, July 1,
33 CFR Part 165 July 2, July 7, July 8, July 14, July 15,
[COTP San Diego 06–051] July 21, and July 22, 2006. The issuance
We have analyzed this rule under of final approval and permitting was so
Commandant Instruction M16475.lD RIN 1625–AA00
recent that the rule would be made
and Department of Homeland Security effective less than 30 days after
Safety Zone; North San Diego Bay, San
Management Directive 5100.1, which publication. In addition, it would be
Diego, CA
guide the Coast Guard in complying contrary to the public interest not to
with the National Environmental Policy AGENCY: Coast Guard, DHS. publish this rule because the event has
Act of 1969 (NEPA) (42 U.S.C. 4321– ACTION: Temporary final rule. been permitted and participants and the
4370f), and have made a preliminary public require protection from the
determination that there are no factors SUMMARY: The Coast Guard is inherent dangers present to fireworks
in this case that would limit the use of establishing a temporary safety zone on displays. This rule will be published 30
a categorical exclusion under section the navigable waters of San Diego Bay days prior to all other safety zones
2.B.2 of the Instruction. Therefore, we in support of a fireworks display series
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established by this rule.

believe that this rule should be near the maritime navigational channel
categorically excluded, under figure 2– in the vicinity of the North Background and Purpose
1, paragraph (32)(e) of the Instruction, Embarcadero. The safety zone is The Coast Guard is establishing a
from further environmental necessary to provide for the safety of the temporary safety zone on a portion of

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