You are on page 1of 3

Federal Register / Vol. 70, No.

131 / Monday, July 11, 2005 / Proposed Rules 39697

but, in the interests of effective law as well as documents indicated in this Avenue to Columbia Avenue, and
enforcement, it is necessary to retain preamble as being available in the extending approximately 900 yards out
this information to aid in establishing docket, will become part of this docket from the shoreline. The temporary
patterns of activity and obtaining and will be available for inspection or special local regulations will be
investigative leads. copying at the above address between 9 enforced from 10:30 a.m. to 3 p.m. on
(10) From subsection (e)(8) because a.m. and 2 p.m., Monday through August 31, 2005, and will restrict
serving notice could give persons Friday, except Federal holidays. general navigation in the regulated area
sufficient warning to evade criminal law FOR FURTHER INFORMATION CONTACT: during the aerial demonstration. Except
enforcement efforts. Dennis Sens, Project Manager, Auxiliary for persons or vessels authorized by the
(11) From subsection (g) to the extent and Recreational Boating Safety Branch, Coast Guard Patrol Commander, no
that this system is exempt from other at (757) 398–6204. person or vessel may enter or remain in
specific subsections of the Privacy Act. SUPPLEMENTARY INFORMATION: the regulated area during the
Dated: June 30, 2005. enforcement period.
Request for Comments
Paul R. Corts, Regulatory Evaluation
We encourage you to participate in
Assistant Attorney General for
this rulemaking by submitting This proposed rule is not a
Administration.
comments and related material. If you ‘‘significant regulatory action’’ under
[FR Doc. 05–13551 Filed 7–8–05; 8:45 am]
do so, please include your name and section 3(f) of Executive Order 12866,
BILLING CODE 4410–FB–P
address, identify the docket number for Regulatory Planning and Review, and
this rulemaking CGD05–05–072, does not require an assessment of
indicate the specific section of this potential costs and benefits under
DEPARTMENT OF HOMELAND
document to which each comment section 6(a)(3) of that Order. The Office
SECURITY applies, and give the reason for each of Management and Budget has not
Coast Guard comment. Please submit all comments reviewed it under that Order. It is not
and related material in an unbound ‘‘significant’’ under the regulatory
33 CFR Part 100 format, no larger than 81⁄2 by 11 inches, policies and procedures of the
suitable for copying. If you would like Department of Homeland Security
[CGD05–05–072] to know they reached us, please enclose (DHS).
a stamped, self-addressed postcard or We expect the economic impact of
RIN 1625–AA08
envelope. We will consider all this proposed rule to be so minimal that
Special Local Regulations for Marine comments and material received during a full Regulatory Evaluation under the
Events; Atlantic Ocean, Atlantic City, the comment period. We may change regulatory policies and procedures of
NJ this proposed rule in view of them. DHS is unnecessary.
Public Meeting Although this proposed regulation
AGENCY: Coast Guard, DHS.
prevents traffic from transiting a portion
ACTION: Notice of proposed rulemaking. We do not now plan to hold a public
of the Atlantic Ocean adjacent to
meeting. But you may submit a request
Atlantic City, New Jersey during the
SUMMARY: The Coast Guard proposes to for a meeting by writing to the address
event, the effect of this regulation will
establish temporary special local under ADDRESSES explaining why one
not be significant due to the limited
regulations for ‘‘Thunder over the would be beneficial. If we determine
duration that the regulated area will be
Boardwalk’’, an aerial demonstration to that one would aid this rulemaking, we
in effect and the extensive advance
be held over the waters of the Atlantic will hold one at a time and place
notifications that will be made to the
Ocean adjacent to Atlantic City, New announced by a later notice in the
maritime community via marine
Jersey. These special local regulations Federal Register.
information broadcasts and area
are necessary to provide for the safety of
Background and Purpose newspapers so mariners can adjust their
life on navigable waters during the
On August 31, 2005, the Atlantic City plans accordingly.
event. This proposed action would
restrict vessel traffic in portions of the Chamber of Commerce will sponsor the Small Entities
Atlantic Ocean adjacent to Atlantic City, ‘‘Thunder over the Boardwalk’’. The
event will consist of high performance Under the Regulatory Flexibility Act
New Jersey during the aerial
jet aircraft performing low altitude (5 U.S.C. 601–612), we have considered
demonstration.
aerial maneuvers over the waters of the whether this proposed rule would have
DATES: Comments and related material Atlantic Ocean adjacent to Atlantic City, a significant economic impact on a
must reach the Coast Guard on or before New Jersey. A fleet of spectator vessels substantial number of small entities.
July 26, 2005. is expected to gather nearby to view the The term ‘‘small entities’’ comprises
ADDRESSES: You may mail comments aerial demonstration. Due to the need small businesses, not-for-profit
and related material to Commander for vessel control during the event, organizations that are independently
(oax), Fifth Coast Guard District, 431 vessel traffic will be temporarily owned and operated and are not
Crawford Street, Portsmouth, Virginia restricted to provide for the safety of dominant in their fields, and
23704–5004, hand-deliver them to spectators and transiting vessels. governmental jurisdictions with
Room 119 at the same address between populations of less than 50,000.
9 a.m. and 2 p.m., Monday through Discussion of Proposed Rule The Coast Guard certifies under 5
Friday, except Federal holidays, or fax The Coast Guard proposes to establish U.S.C. 605(b) that this proposed rule
them to (757) 398–6203. The Coast temporary special local regulations on would not have a significant economic
Guard Auxiliary and Recreational specified waters of the Atlantic Ocean impact on a substantial number of small
Boating Safety Branch, Fifth Coast adjacent to Atlantic City, New Jersey. entities. This rule will affect the
Guard District, maintains the public The regulated area includes a section of following entities, some of which may
docket for this rulemaking. Comments the Atlantic Ocean approximately 2.5 be small entities: the owners or
and material received from the public, miles long, running from Pennsylvania operators of vessels intending to transit

VerDate jul<14>2003 14:31 Jul 08, 2005 Jkt 205001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\11JYP1.SGM 11JYP1
39698 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules

this section of the Atlantic Ocean during $100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use
the event. Though this proposed rule would not voluntary consensus standards in their
This proposed rule will not have a result in such an expenditure, we do regulatory activities unless the agency
significant economic impact on a discuss the effects of this rule elsewhere provides Congress, through the Office of
substantial number of small entities for in this preamble. Management and Budget, with an
the following reasons. This rule will be explanation of why using these
in effect for only a short period, from Taking of Private Property
standards would be inconsistent with
10:30 a.m. to 3 p.m. on August 31, 2005. This proposed rule would not effect a applicable law or otherwise impractical.
Affected waterway users can pass safely taking of private property or otherwise Voluntary consensus standards are
around the regulated area. Before the have taking implications under technical standards (e.g., specifications
enforcement period, we will issue Executive Order 12630, Governmental of materials, performance, design, or
maritime advisories so mariners can Actions and Interference with operation; test methods; sampling
adjust their plans accordingly. Constitutionally Protected Property procedures; and related management
If you think that your business, Rights. systems practices) that are developed or
organization, or governmental adopted by voluntary consensus
Civil Justice Reform
jurisdiction qualifies as a small entity standards bodies.
and that this rule would have a This proposed rule meets applicable This proposed rule does not use
significant economic impact on it, standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did
please submit a comment (see Executive Order 12988, Civil Justice not consider the use of voluntary
ADDRESSES) explaining why you think it Reform, to minimize litigation, consensus standards.
qualifies and how and to what degree eliminate ambiguity, and reduce
this rule would economically affect it. burden. Environment
We have analyzed this proposed rule
Assistance for Small Entities Protection of Children
under Commandant Instruction
Under section 213(a) of the Small We have analyzed this proposed rule M16475.lD, which guides the Coast
Business Regulatory Enforcement under Executive Order 13045, Guard in complying with the National
Fairness Act of 1996 (Public Law 104– Protection of Children from Environmental Policy Act of 1969
121), we want to assist small entities in Environmental Health Risks and Safety (NEPA)(42 U.S.C. 4321–4370f), and
understanding this proposed rule so that Risks. This rule is not an economically have made a preliminary determination
they can better evaluate its effects on significant rule and would not create an that there are no factors in this case that
them and participate in the rulemaking. environmental risk to health or risk to would limit the use of a categorical
If the rule would affect your small safety that might disproportionately exclusion under section 2.B.2 of the
business, organization, or governmental affect children. Instruction. Therefore, we believe that
jurisdiction and you have questions Indian Tribal Governments this rule should be categorically
concerning its provisions or options for excluded, under figure 2–1, paragraph
compliance, please contact the address This proposed rule does not have (34)(h), of the Instruction, from further
listed under ADDRESSES. The Coast tribal implications under Executive environmental documentation.
Guard will not retaliate against small Order 13175, Consultation and Under figure 2–1, paragraph (34)(h),
entities that question or complain about Coordination with Indian Tribal of the Instruction, an ‘‘Environmental
this rule or any policy or action of the Governments, because it would not have Analysis Check List’’ is not required for
Coast Guard. a substantial direct effect on one or this rule. Comments on this section will
more Indian tribes, on the relationship be considered before we make the final
Collection of Information between the Federal Government and decision on whether to categorically
This proposed rule would call for no Indian tribes, or on the distribution of exclude this rule from further
new collection of information under the power and responsibilities between the environmental review.
Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes.
U.S.C. 3501–3520). List of Subjects in 33 CFR Part 100
Energy Effects
Marine safety, Navigation (water),
Federalism We have analyzed this proposed rule Reporting and recordkeeping
A rule has implications for federalism under Executive Order 13211, Actions requirements, Waterways.
under Executive Order 13132, Concerning Regulations That For the reasons discussed in the
Federalism, if it has a substantial direct Significantly Affect Energy Supply, preamble, the Coast Guard proposes to
effect on State or local governments and Distribution, or Use. We have amend 33 CFR part 100 as follows:
would either preempt State law or determined that it is not a ‘‘significant
impose a substantial direct cost of energy action’’ under that order because PART 100—SAFETY OF LIFE ON
compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ NAVIGABLE WATERS
this proposed rule under that Order and under Executive Order 12866 and is not
have determined that it does not have likely to have a significant adverse effect 1. The authority citation for part 100
implications for federalism. on the supply, distribution, or use of continues to read as follows:
energy. The Administrator of the Office Authority: 33 U.S.C. 1233, Department of
Unfunded Mandates Reform Act Homeland Security Delegation No. 0170.1.
of Information and Regulatory Affairs
The Unfunded Mandates Reform Act has not designated it as a significant 2. Add a temporary section, § 100.35–
of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not T05–072 to read as follows:
Federal agencies to assess the effects of require a Statement of Energy Effects
their discretionary regulatory actions. In under Executive Order 13211. § 100.35–T05–072, Atlantic Ocean, Atlantic
particular, the Act addresses actions City, NJ.
that may result in the expenditure by a Technical Standards (a) Regulated area. The regulated area
State, local, or tribal government, in the The National Technology Transfer is established for the waters of the
aggregate, or by the private sector of and Advancement Act (NTTAA) (15 Atlantic Ocean, adjacent to Atlantic

VerDate jul<14>2003 14:31 Jul 08, 2005 Jkt 205001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\11JYP1.SGM 11JYP1
Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 39699

City, New Jersey, bounded by a line vessels. Section 416 of the Coast Guard information to our attention. You may
drawn between the following points: and Marine Transportation Act of 2004 submit your information by electronic
southeasterly from a point along the amended 46 U.S.C. 3305 on ‘‘Scope and means, mail, fax, or delivery to the
shoreline at latitude 39°21′31″ N, standards of inspection.’’ This Docket Management Facility at the
longitude 074°25′04″ W, thence to amendment adds a new item to the address under ADDRESSES; but please
latitude 39°21′08″ N, longitude inspection process; that is, to ensure submit your information by only one
074°24′48″ W, thence southwesterly to that each inspected vessel has an means. If you submit them by mail or
latitude 39°20′16″ N, longitude adequate supply of potable water for delivery, submit them in an unbound
074°27′17″ W, thence northwesterly to a drinking and washing by passengers and format, no larger than 81⁄2 by 11 inches,
point along the shoreline at latitude crew. The Coast Guard is considering suitable for copying and electronic
39°20′44″ N, longitude 074°27′31″ W, the options for implementing the new filing. If you submit them by mail and
thence northeasterly along the shoreline statute and seeks public input and would like to know that they reached
to latitude 39°21′31″ N, longitude information on criteria to determine the the facility, please enclose a stamped,
074°25′04″ W. All coordinates reference amount of potable water that should be self-addressed postcard or envelope. We
Datum NAD 1983. available on inspected vessels. will consider all comments and
(b) Definitions: (1) Coast Guard Patrol DATES: Information and related material information received during the
Commander means a commissioned, must reach the Docket Management comment period.
warrant, or petty officer of the Coast Facility on or before September 9, 2005. Viewing comments and documents:
Guard who has been designated by the ADDRESSES: You may submit To view comments, go to http://
Commander, Coast Guard Sector information identified by Coast Guard dms.dot.gov at any time and conduct a
Delaware Bay. docket number USCG–2005–20052 to simple search using the docket number.
(2) Official Patrol means any vessel You may also visit the Docket
the Docket Management Facility at the
assigned or approved by Commander, Management Facility in room PL–401
U.S. Department of Transportation. To
Coast Guard Sector Delaware Bay with on the Plaza level of the Nassif Building,
avoid duplication, please use only one
a commissioned, warrant, or petty 400 Seventh Street, SW., Washington,
of the following methods:
officer on board and displaying a Coast (1) Web site: http://dms.dot.gov. DC, between 9 a.m. and 5 p.m., Monday
Guard ensign. (2) Mail: Docket Management Facility, through Friday, except Federal holidays.
(c) Special local regulations: (1) U.S. Department of Transportation, 400 Privacy Act: Anyone can search the
Except for persons or vessels authorized Seventh Street SW., Washington, DC electronic form of all comments and
by the Coast Guard Patrol Commander, 20590–0001. information received into any of our
no person or vessel may enter or remain (3) Fax: 202–493–2251. dockets by the name of the individual
in the regulated area. (4) Delivery: Room PL–401 on the submitting the comment (or signing the
(2) The operator of any vessel in the Plaza level of the Nassif Building, 400 comment, if submitted on behalf of an
regulated area must: Seventh Street, SW., Washington, DC, association, business, labor union, etc.).
(i) Stop the vessel immediately when
between 9 a.m. and 5 p.m., Monday You may review the Department of
directed to do so by the Coast Guard
through Friday, except Federal holidays. Transportation’s Privacy Act Statement
Patrol Commander or any Official
The telephone number is 202–366– in the Federal Register published on
Patrol.
(ii) Proceed as directed by the Coast 9329. April 11, 2000 (65 FR 19477), or you
(5) Federal eRulemaking Portal: may visit http://dms.dot.gov.
Guard Patrol Commander or any Official
http://www.regulations.gov.
Patrol. Background and Purpose
(d) Enforcement period. This section FOR FURTHER INFORMATION CONTACT: If
will be enforced from 10:30 a.m. to 3 you have questions on this notice, call Section 416 of the Coast Guard and
p.m. on August 31, 2005. or e-mail Mr. Craig Burch, U.S. Coast Marine Transportation Act of 2004
Guard Office of Design and Engineering amended 46 U.S.C. 3305 on ‘‘Scope and
Dated: June 26, 2005. standards of inspection.’’ This
Standards, telephone 202–267–2206, e-
Sally Brice-O’Hara, mail cburch@comdt.uscg.mil. If you amendment adds a new item to the
Rear Admiral, U.S. Coast Guard, Commander, have questions on viewing or submitting inspection process; that is, to ensure
Fifth Coast Guard District. material to the docket, call Andrea M. that each inspected vessel has an
[FR Doc. 05–13576 Filed 7–8–05; 8:45 am] Jenkins, Program Manager, Docket adequate supply of potable water for
BILLING CODE 4910–15–P Operations, telephone 202–366–0271. drinking and washing by passengers and
SUPPLEMENTARY INFORMATION: crew. The Coast Guard seeks public
input and information on criteria that
DEPARTMENT OF HOMELAND Request for Information could be used to determine an adequate
SECURITY All comments and information supply of potable water on inspected
received will be posted, without change, vessels. In this case, inspected vessels
Coast Guard include ships, manned barges, and
to http://dms.dot.gov and will include
any personal information you have Mobile Offshore Drilling Units. Factors
49 CFR Chapter I that will be used to determine an
provided. We have an agreement with
[USCG–2005–20052] the Department of Transportation (DOT) adequate supply are:
to use the Docket Management Facility. • The size and type of vessel;
Potable Water on Inspected Vessels Please see DOT’s ‘‘Privacy Act’’ • The number of passengers and crew
AGENCY: Coast Guard, DHS. paragraph below. on board;
ACTION:Notice of inquiry; request for Submitting comments and • The duration and routing of
information. information: If you submit information, voyages; and
please include your name and address, • Guidelines for potable water
SUMMARY: This notice solicits public identify the docket number for this recommended by the Centers for Disease
input on the amount of potable water notice (USCG–2005–20052) and give the Control and Prevention and the Public
that should be available on inspected reason for each comment or for bringing Health Service.

VerDate jul<14>2003 14:31 Jul 08, 2005 Jkt 205001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\11JYP1.SGM 11JYP1

You might also like