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15788 Federal Register / Vol. 70, No.

59 / Tuesday, March 29, 2005 / Proposed Rules

Federal Government and Indian tribes, List of Subjects in 33 CFR Part 100 DATES: Comments and related material
or on the distribution of power and Marine safety, Navigation (water), must reach the Coast Guard on or before
responsibilities between the Federal Reporting and recordkeeping April 28, 2005.
Government and Indian tribes. requirements, Waterways. ADDRESSES: You may mail comments
Energy Effects For the reasons discussed in the and related material to Commander
preamble, the Coast Guard proposes to (oax), Fifth Coast Guard District, 431
We have analyzed this rule under Crawford Street, Portsmouth, Virginia
Executive Order 13211, Actions amend 33 CFR part 100 as follows:
23704–5004, hand-deliver them to
Concerning Regulations That PART 100—SAFETY OF LIFE ON Room 119 at the same address between
Significantly Affect Energy Supply, NAVIGABLE WATERS 9 a.m. and 2 p.m., Monday through
Distribution, or Use. We have Friday, except Federal holidays, or fax
determined that it is not a ‘‘significant 1. The authority citation for part 100 them to (757) 398–6203. The Auxiliary
energy action’’ under that order because continues to read as follows: and Recreational Boating Safety Branch,
it is not a ‘‘significant regulatory action’’ Authority: 33 U.S.C. 1233; Department of Fifth Coast Guard District, maintains the
under Executive Order 12866 and is not Homeland Security Delegation No. 0170.1. public docket for this rulemaking.
likely to have a significant adverse effect Comments and material received from
on the supply, distribution, or use of 2. In § 100.1306 revise paragraph (c)
to read as follows: the public, as well as documents
energy. The Administrator of the Office indicated in this preamble as being
of Information and Regulatory Affairs § 100.1306 National Maritime Week available in the docket, will become part
has not designated it as a significant Tugboat Races, Seattle, WA. of this docket and will be available for
energy action. Therefore, it does not * * * * * inspection or copying at the above
require a Statement of Energy Effects (c) Enforcement dates. This section is address between 9 a.m. and 2 p.m.,
under Executive Order 13211. enforced annually on the second or Monday through Friday, except Federal
Technical Standards third Saturday in May from 12 p.m. to holidays.
4:30 p.m. The event will be one day FOR FURTHER INFORMATION CONTACT:
The National Technology Transfer only and the specific date will be Dennis Sens, Project Manager, Auxiliary
and Advancement Act (NTTAA) (15 published each year in the Federal and Recreational Boating Safety Branch,
U.S.C. 272 note) directs agencies to use Register. In 2005, this section will be at (757) 398–6204.
voluntary consensus standards in their enforced from 12 p.m. to 4:30 p.m. on SUPPLEMENTARY INFORMATION:
regulatory activities unless the agency Saturday May 14.
provides Congress, through the Office of Request for Comments
Dated: March 21, 2005.
Management and Budget, with an We encourage you to participate in
explanation of why using these J.M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, this rulemaking by submitting
standards would be inconsistent with comments and related material. If you
applicable law or otherwise impractical. Thirteenth Coast Guard District.
[FR Doc. 05–6145 Filed 3–28–05; 8:45 am] do so, please include your name and
Voluntary consensus standards are address, identify the docket number for
technical standards (e.g., specifications BILLING CODE 4910–15–P
this rulemaking (CGD05–05–020),
of materials, performance, design, or indicate the specific section of this
operation; test methods; sampling document to which each comment
procedures; and related management DEPARTMENT OF HOMELAND
SECURITY applies, and give the reason for each
systems practices) that are developed or comment. Please submit all comments
adopted by voluntary consensus and related material in an unbound
Coast Guard
standards bodies. format, no larger than 81⁄2 by 11 inches,
This rule does not use technical 33 CFR Part 100 suitable for copying. If you would like
standards. Therefore, we did not to know how they reached us, please
consider the use of voluntary consensus enclose a stamped, self-addressed
[CGD05–05–020]
standards. postcard or envelope. We will consider
Environment all comments and material received
RIN 1625–AA08
during the comment period. We may
We have analyzed this rule under change this proposed rule in view of
Special Local Regulations for Marine
Commandant Instruction M16475.lD, them.
Events; Piankatank River, Gloucester
which guides the Coast Guard in
County, VA Public Meeting
complying with the National
Environmental Policy Act of 1969 AGENCY: Coast Guard, DHS. We do not now plan to hold a public
(NEPA) (42 U.S.C. 4321–4370f), and ACTION: Notice of proposed rulemaking. meeting. But you may submit a request
have concluded that there are no factors for a meeting by writing to the address
in this case that would limit the use of SUMMARY: The Coast Guard proposes to listed under ADDRESSES explaining why
a categorical exclusion under section establish special local regulations one would be beneficial. If we
2.B.2 of the Instruction. Therefore, this during the ‘‘2005 Piankatank River determine that one would aid this
rule is categorically excluded, under Race’’, a marine event to be held over rulemaking, we will hold one at a time
figure 2–1, paragraph (34)(h) of the the waters of the Piankatank River in and place announced by a later notice
Instruction from further environmental Gloucester County, Virginia. These in the Federal Register.
documentation. Under figure 2–1, special local regulations are necessary to
paragraph (34)(h), of the Instruction, an provide for the safety of life on Background and Purpose
‘‘Environmental Analysis Check List’’ navigable waters during the event. This On July 23, 2005, the East Coast Boat
and a ‘‘Categorical Exclusion action is intended to restrict vessel Racing Club of New Jersey will sponsor
Determination’’ are not required for this traffic in the Piankatank River during the ‘‘2005 Piankatank River Race’’, on
rule. the event. the waters of the Piankatank River in

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Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Proposed Rules 15789

Gloucester County, Virginia. The event traffic will be able to transit the Collection of Information
will consist of approximately 20 New regulated area between heats, when the This proposed rule would call for no
Jersey Speed Garveys and Jersey Speed Coast Guard Patrol Commander deems it new collection of information under the
Skiffs conducting high-speed is safe to do so. Paperwork Reduction Act of 1995 (44
competitive races along an oval race U.S.C. 3501–3520).
Small Entities
course in close proximity to the
Thousand Trails Campground, Under the Regulatory Flexibility Act Federalism
Gloucester, Virginia. A fleet of spectator (5 U.S.C. 601–612), we have considered A rule has implications for federalism
vessels is expected to gather nearby to whether this proposed rule would have under Executive Order 13132,
view the competition. Due to the need a significant economic impact on a Federalism, if it has a substantial direct
for vessel control during the event, substantial number of small entities. effect on State or local governments and
vessel traffic will be temporarily The term ‘‘small entities’’ comprises would either preempt State law or
restricted to provide for the safety of small businesses, not-for-profit impose a substantial direct cost of
participants, spectators and transiting organizations that are independently compliance on them. We have analyzed
vessels. owned and operated and are not this proposed rule under that Order and
Discussion of Proposed Rule dominant in their fields, and have determined that it does not have
governmental jurisdictions with implications for federalism.
The Coast Guard proposes to establish populations of less than 50,000.
temporary special local regulations on The Coast Guard certifies under 5 Unfunded Mandates Reform Act
specified waters of the Piankatank U.S.C. 605(b) that this proposed rule The Unfunded Mandates Reform Act
River. The temporary special local would not have a significant economic of 1995 (2 U.S.C. 1531–1538) requires
regulations will be effective from 11:30 impact on a substantial number of small Federal agencies to assess the effects of
a.m. to 4:30 p.m. on July 23, 2005, and entities. This proposed rule would affect their discretionary regulatory actions. In
will restrict general navigation in the particular, the Act addresses actions
the following entities, some of which
regulated area during the event. Except that may result in the expenditure by a
might be small entities: the owners or
for participants and vessels authorized State, local, or tribal government, in the
operators of vessels intending to transit
by the Coast Guard Patrol Commander, aggregate, or by the private sector of
or anchor in a portion of the Piankatank
no person or vessel will be allowed to $100,000,000 or more in any one year.
River during the event.
enter or remain in the regulated area. Though this proposed rule would not
These regulations are needed to control This proposed rule would not have a
significant economic impact on a result in such an expenditure, we do
vessel traffic during the event to discuss the effects of this rule elsewhere
enhance the safety of participants, substantial number of small entities for
the following reasons. This proposed in this preamble.
spectators and transiting vessels.
rule would be in effect for only a limited Taking of Private Property
Regulatory Evaluation period. Vessel traffic will be able to
transit the regulated area between heats, This proposed rule would not effect a
This proposed rule is not a taking of private property or otherwise
‘‘significant regulatory action’’ under when the Coast Guard Patrol
Commander deems it is safe to do so. have taking implications under
section 3(f) of Executive Order 12866,
Before the enforcement period, we will Executive Order 12630, Governmental
Regulatory Planning and Review, and
issue maritime advisories so mariners Actions and Interference with
does not require an assessment of
can adjust their plans accordingly. Constitutionally Protected Property
potential costs and benefits under
Rights.
section 6(a)(3) of that Order. The Office If you think that your business,
of Management and Budget has not organization, or governmental Civil Justice Reform
reviewed it under that Order. It is not jurisdiction qualifies as a small entity This proposed rule meets applicable
‘‘significant’’ under the regulatory and that this rule would have a standards in sections 3(a) and 3(b)(2) of
policies and procedures of the significant economic impact on it, Executive Order 12988, Civil Justice
Department of Homeland Security please submit a comment (see Reform, to minimize litigation,
(DHS). ADDRESSES) explaining why you think it eliminate ambiguity, and reduce
We expect the economic impact of qualifies and how and to what degree burden.
this proposed rule to be so minimal that this rule would economically affect it.
a full Regulatory Evaluation under the Protection of Children
Assistance for Small Entities
regulatory policies and procedures of We have analyzed this proposed rule
DHS is unnecessary. Although this Under section 213(a) of the Small under Executive Order 13045,
regulation will prevent traffic from Business Regulatory Enforcement Protection of Children from
transiting a portion of the Piankatank Fairness Act of 1996 (Public Law 104– Environmental Health Risks and Safety
River during the event, the effect of this 121), we want to assist small entities in Risks. This rule is not an economically
regulation will not be significant due to understanding this proposed rule so that significant rule and would not create an
the limited duration that the regulated they can better evaluate its effects on environmental risk to health or risk to
area will be in effect and the extensive them and participate in the rulemaking. safety that might disproportionately
advance notifications that will be made If the rule would affect your small affect children.
to the maritime community via the business, organization, or governmental
Local Notice to Mariners, marine jurisdiction and you have questions Indian Tribal Governments
information broadcasts, and area concerning its provisions or options for This proposed rule does not have
newspapers, so mariners can adjust compliance, please contact the address tribal implications under Executive
their plans accordingly. Additionally, listed under ADDRESSES. The Coast Order 13175, Consultation and
the regulated area has been narrowly Guard will not retaliate against small Coordination with Indian Tribal
tailored to impose the least impact on entities that question or complain about Governments, because it would not have
general navigation yet provide the level this rule or any policy or action of the a substantial direct effect on one or
of safety deemed necessary. Vessel Coast Guard. more Indian tribes, on the relationship

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15790 Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Proposed Rules

between the Federal Government and Under figure 2–1, paragraph (34)(h), (iii) Unless otherwise directed by the
Indian tribes, or on the distribution of of the Instruction, an ‘‘Environmental Official Patrol, operate at a minimum
power and responsibilities between the Analysis Check List’’ and a ‘‘Categorical wake speed not to exceed six (6) knots.
Federal Government and Indian tribes. Exclusion Determination’’ are not (c) Effective period. This section is
required for this rule. Comments on this effective from 11:30 a.m. to 4:30 p.m. on
Energy Effects
section will be considered before we July 23, 2005. In the event of inclement
We have analyzed this proposed rule make the final decision on whether to weather, the alternate date is July 24,
under Executive Order 13211, Actions categorically exclude this rule from 2005.
Concerning Regulations That further environmental review. Dated: March 17, 2005.
Significantly Affect Energy Supply, Ben R. Thomason, III,
List of Subjects in 33 CFR Part 100
Distribution, or Use. We have
Captain, U.S. Coast Guard, Acting
determined that it is not a ‘‘significant Marine safety, Navigation (water),
Commander, Fifth Coast Guard District.
energy action’’ under that order because Reporting and recordkeeping
[FR Doc. 05–6146 Filed 3–28–05; 8:45 am]
it is not a ‘‘significant regulatory action’’ requirements, Waterways.
BILLING CODE 4910–15–P
under Executive Order 12866 and is not For the reasons discussed in the
likely to have a significant adverse effect preamble, the Coast Guard proposes to
on the supply, distribution, or use of amend 33 CFR part 100 as follows:
energy. The Administrator of the Office ENVIRONMENTAL PROTECTION
of Information and Regulatory Affairs PART 100—REGATTAS AND MARINE AGENCY
has not designated it as a significant PARADES
energy action. Therefore, it does not 40 CFR Part 52
require a Statement of Energy Effects 1. The authority citation for part 100
under Executive Order 13211. continues to read as follows:
[R06–OAR–2005–TX–0008; FRL—7890–3]
Authority: 33 U.S.C. 1233; Department of
Technical Standards Homeland Security Delegation No. 0170.1. Approval and Promulgation of Air
The National Technology Transfer 2. Add a temporary § 100.35–T05–020 Quality Implementation Plans; Texas;
and Advancement Act (NTTAA) (15 to read as follows: Revisions To Control Volatile Organic
U.S.C. 272 note) directs agencies to use Compound Emissions
voluntary consensus standards in their § 100.35–T05–020 Piankatank River,
Gloucester County, Virginia. AGENCY: Environmental Protection
regulatory activities unless the agency Agency (EPA).
provides Congress, through the Office of (a) Definitions:
(1) Coast Guard Patrol Commander ACTION: Proposed rule.
Management and Budget, with an
explanation of why using these means a commissioned, warrant, or SUMMARY: EPA is proposing to approve
standards would be inconsistent with petty officer of the Coast Guard who has Texas State Implementation Plan (SIP)
applicable law or otherwise impractical. been designated by the Commander, revisions. The revisions pertain to
Voluntary consensus standards are Coast Guard Group Hampton Roads. regulations to control volatile organic
technical standards (e.g., specifications (2) Official Patrol means any vessel compound (VOC) emissions from
of materials, performance, design, or assigned or approved by Commander, solvent degreasing processes, cutback
operation; test methods; sampling Coast Guard Group Hampton Roads asphalt, and motor vehicle fuel
procedures; and related management with a commissioned, warrant, or petty dispensing facilities. The control of
systems practices) that are developed or officer on board and displaying a Coast VOC emissions will help to attain and
adopted by voluntary consensus Guard ensign. maintain national ambient air quality
standards bodies. (3) Participant includes all vessels standards for ozone in Texas. This
This proposed rule does not use participating in the 2005 Piankatank approval will make the revised
technical standards. Therefore, we did River Race under the auspices of a regulations Federally enforceable.
not consider the use of voluntary Marine Event Permit issued to the event
DATES: Written comments should be
consensus standards. sponsor and approved by Commander,
Coast Guard Group Hampton Roads. received on or before April 28, 2005.
Environment (4) Regulated area includes all waters ADDRESSES: Comments may be mailed to
We have analyzed this proposed rule of the Piankatank River, along the Mr. Thomas Diggs, Chief, Air Planning
under Commandant Instruction shoreline adjacent to the Thousand Section (6PD–L), Environmental
M16475.lD, which guides the Coast Trails Campground, Gloucester County, Protection Agency, Region 6, 1445 Ross
Guard in complying with the National Virginia, to and including waters up to Avenue, Suite 1200, Dallas, Texas
Environmental Policy Act of 1969 300 yards offshore, parallel with the 75202–2733. Comments may also be
(NEPA) (42 U.S.C. 4321–4370f), and Gloucester County shoreline in this submitted electronically or through
have concluded that there are no factors area. hand deliver/courier by following the
in this case that would limit the use of (b) Special local regulations: detailed instructions in the ADDRESSES
a categorical exclusion under section (1) Except for event participants and section of the direct final rule located in
2.B.2 of the Instruction. Therefore, this persons or vessels authorized by the the rules section of this Federal
rule is categorically excluded, under Coast Guard Patrol Commander, no Register.
figure 2–1, paragraph (34)(h), of the person or vessel may enter or remain in FOR FURTHER INFORMATION CONTACT: Carl
Instruction, from further environmental the regulated area. Young, Air Planning Section (6PD–L),
documentation. Special local (2) The operator of any vessel in the Environmental Protection Agency,
regulations issued in conjunction with a regulated area shall: Region 6, 1445 Ross Avenue, Suite 700,
regatta or marine parade permit are (i) Stop the vessel immediately when Dallas, Texas 75202–2733, telephone
specifically excluded from further directed to do so by any Official Patrol. 214–665–6645; fax number 214–665–
analysis and documentation under that (ii) Proceed as directed by any Official 7263; e-mail address
section. Patrol. young.carl@epa.gov.

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