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61034 Federal Register / Vol. 70, No.

202 / Thursday, October 20, 2005 / Rules and Regulations

because it does not have a substantial analysis and documentation under those (i) Stop the vessel immediately when
direct effect on one or more Indian sections. Under figure 2–1, paragraph directed to do so by any Official Patrol
tribes, on the relationship between the (34)(h), of the Instruction, an and then proceed only as directed.
Federal Government and Indian tribes, ‘‘Environmental Analysis Check List’’ (ii) All persons and vessels shall
or on the distribution of power and and a ‘‘Categorical Exclusion comply with the instructions of the
responsibilities between the Federal Determination’’ are not required for this Official Patrol.
Government and Indian tribes. rule. (iii) When authorized to transit the
Energy Effects regulated area, all vessels shall proceed
List of Subjects in 33 CFR Part 100
at the minimum speed necessary to
We have analyzed this rule under Marine safety, Navigation (water), maintain a safe course that minimizes
Executive Order 13211, Actions Reporting and recordkeeping wake near the race course.
Concerning Regulations That requirements, Waterways. (d) Enforcement period. This section
Significantly Affect Energy Supply, will be enforced from 9 a.m. to 5 p.m.
■ For the reasons discussed in the
Distribution, or Use. We have on October 29 and 30, 2005.
preamble, the Coast Guard amends 33
determined that it is not a ‘‘significant
energy action’’ under that order because CFR part 100 as follows: Dated: October 11, 2005.
it is not a ‘‘significant regulatory action’’ S. Ratti,
PART 100—SAFETY OF LIFE ON
under Executive Order 12866 and is not Captain, U.S. Coast Guard, Commander, Fifth
NAVIGABLE WATERS Coast Guard District, Acting.
likely to have a significant adverse effect
on the supply, distribution, or use of ■ 1. The authority citation for part 100 [FR Doc. 05–21017 Filed 10–19–05; 8:45 am]
energy. The Administrator of the Office continues to read as follows: BILLING CODE 4910–15–P
of Information and Regulatory Affairs Authority: 33 U.S.C. 1233, Department of
has not designated it as a significant Homeland Security Delegation No. 0170.1.
energy action. Therefore, it does not DEPARTMENT OF HOMELAND
require a Statement of Energy Effects ■ 2. Add temporary § 100.35–T05–098 SECURITY
under Executive Order 13211. to read as follows:
Coast Guard
Technical Standards § 100.35–T05–098, Willoughby Bay,
Norfolk, Virginia. 33 CFR Part 100
The National Technology Transfer
and Advancement Act (NTTAA) (15 (a) Regulated area. The regulated area
is established for the waters of [CGD05–05–104]
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their Willoughby Bay contained within the RIN 1625–AA08
regulatory activities unless the agency following coordinates:
provides Congress, through the Office of Latitude Longitude Special Local Regulations for Marine
Management and Budget, with an 36°58′36.0″ North 076°18′42.0″ West Events; Spa Creek, Annapolis, MD
explanation of why using these 36°58′00.0″ North 076°18′00.0″ West
AGENCY: Coast Guard, DHS.
standards would be inconsistent with 36°57′49.0″ North 076°18′14.0″ West
36°57′36.0″ North 076°17′55.0″ West ACTION: Final rule.
applicable law or otherwise impractical. 36°57′26.0″ North 076°18′06.0″ West
Voluntary consensus standards are 36°58′15.0″ North 076°19′08.0″ West SUMMARY: On September 1, 2005, the
technical standards (e.g., specifications 36°58′36.0″ North 076°18′42.0″ West Coast Guard published a notice of
of materials, performance, design, or proposed rulemaking (NPRM) in the
operation; test methods; sampling All coordinates reference Datum NAD Federal Register requesting public
procedures; and related management 1983. comments regarding establishment of
systems practices) that are developed or (b) Definitions: (1) Coast Guard Patrol permanent special local regulations for
adopted by voluntary consensus Commander means a commissioned, ‘‘Tug-of-War’’, a marine event
standards bodies. warrant, or petty officer of the Coast conducted over the waters of Spa Creek
This rule does not use technical Guard who has been designated by the between Eastport and Annapolis,
standards. Therefore, we did not Commander, Coast Guard Sector Maryland. These special local
consider the use of voluntary consensus Hampton Roads. regulations are necessary to provide for
standards. (2) Official Patrol means any vessel the safety of life on navigable waters
assigned or approved by Commander, during the event. This action is
Environment Coast Guard Sector Hampton Roads intended to restrict vessel traffic in
We have analyzed this rule under with a commissioned, warrant, or petty portions of Spa Creek during the event.
Commandant Instruction M16475.lD, officer on board and displaying a Coast
DATES: Effective October 20, 2005. For
which guides the Coast Guard in Guard ensign.
complying with the National (3) Participant includes all vessels 2005 only, this rule is enforced from
Environmental Policy Act of 1969 participating in the Hampton Roads 9:30 a.m. to 12 p.m. on October 29,
(NEPA) (42 U.S.C. 4321–4370f), and Sailboard Classic under the auspices of 2005. Thereafter, this rule will be
have concluded that there are no factors the Marine Event Permit issued to the enforced annually from 10:30 a.m. to
in this case that would limit the use of event sponsor and approved by 2:30 p.m. on the first Saturday in
a categorical exclusion under section Commander, Coast Guard Sector November.
2.B.2 of the Instruction. Therefore, this Hampton Roads. ADDRESSES: Comments and material
rule is categorically excluded, under (c) Special Local Regulations: (1) received from the public, as well as
figure 2–1, paragraph (34)(h), of the Except for persons or vessels authorized documents indicated in this preamble as
Instruction, from further environmental by the Coast Guard Patrol Commander, being available in the docket, are part of
documentation. Special local no person or vessel may enter or remain docket CGD05–05–104 and are available
regulations issued in conjunction with a in the regulated area. for inspection or copying at Commander
regatta or marine event permit are (2) The operator of any vessel in the (oax), Fifth Coast Guard District, 431
specifically excluded from further regulated area must: Crawford Street, Portsmouth, Virginia

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Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations 61035

23704–5004, between 9 a.m. and 2 p.m., that was published on September 1, small businesses, not-for-profit
Monday through Friday, except Federal 2005. This final rule will change the organizations that are independently
holidays. time of the special local regulations. For owned and operated and are not
FOR FURTHER INFORMATION CONTACT: 2005 only, this special local regulation dominant in their fields, and
Dennis M. Sens, Project Manager, will be enforced from 9:30 a.m. until 12 governmental jurisdictions with
Auxiliary and Recreational Boating p.m. on October 29, 2005. populations of less than 50,000.
Safety Branch, at (757) 398–6204. The Coast Guard has modified the The Coast Guard certifies under 5
SUPPLEMENTARY INFORMATION: time of the event to accommodate local U.S.C. 605(b) that this rule will not have
waterway users. Accordingly, the Coast a significant economic impact on a
Regulatory Information Guard is establishing permanent special substantial number of small entities.
On September 1, 2005, we published local regulations on specified waters of This rule will affect the following
a notice of proposed rulemaking Spa Creek. The regulated area will entities, some of which may be small
(NPRM) entitled ‘‘Special Local include a 400 foot buffer on either side entities: The owners or operators of
Regulations for Marine Events; Spa of the rope that spans Spa Creek from vessels intending to transit this section
Creek, Annapolis, MD’’ in the Federal shoreline to shoreline. of Spa Creek during the event.
Register (70 FR 52054). We received no This rule will be enforced annually This rule will not have a significant
letters commenting on the proposed from 10:30 a.m. to 2:30 p.m. on the first economic impact on a substantial
rule. The Coast Guard did receive Saturday in November and will restrict number of small entities for the
telephonic comments from the general navigation in the regulated area following reasons. This rule will be in
Annapolis Harbormaster. No public during the event. Except for participants effect for only a short period, from 9:30
meeting was requested, and none was and vessels authorized by the Coast a.m. to 12 p.m. on October 29, 2005, and
held. Guard Patrol Commander, no person or annually thereafter from 10:30 a.m. to
Under 5 U.S.C. 553(d)(3), the Coast vessel shall enter or remain in the 2:30 p.m. on the first Saturday in
Guard finds that good cause exists for regulated area. The Coast Guard Patrol November. Although the regulated area
making this rule effective less than 30 Commander may stop the event to allow will apply to the entire width of Spa
days after publication in the Federal vessels to transit the regulated area. Creek, traffic may be allowed to pass
Register. Delaying its effective date For 2005 only, the enforcement period through the regulated area with the
would be contrary to public interest, of the regulation will be changed from permission of the Coast Guard Patrol
since immediate action is needed to the first Saturday in November to the Commander. Before the enforcement
protect event participations, spectator last Saturday in October. period, we will issue maritime
craft and other vessels transiting the advisories so mariners can adjust their
Regulatory Evaluation plans accordingly.
event area. However advance
notifications will be made to affected This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of Assistance for Small Entities
waterway users via marine information
broadcasts, local radio stations and area Executive Order 12866, Regulatory Under section 213(a) of the Small
newspapers. Planning and Review, and does not Business Regulatory Enforcement
require an assessment of potential costs Fairness Act of 1996 (Pub. L. 104–121),
Background and Purpose and benefits under section 6(a)(3) of that we offered to assist small entities in
On October 29, 2005, the City of Order. The Office of Management and understanding the rule so that they
Annapolis will sponsor the ‘‘Tug-of- Budget has not reviewed it under that could better evaluate its effects on them
War’’, across the waters of Spa Creek Order. It is not ‘‘significant’’ under the and participate in the rulemaking
between Eastport and Annapolis, regulatory policies and procedures of process. If the rule would affect your
Maryland. The event will consist of a the Department of Homeland Security small business, organization, or
tug of war between teams on the (DHS). governmental jurisdiction and you have
Eastport side of Spa Creek pulling We expect the economic impact of questions concerning its provisions or
against teams on the Annapolis side of this permanent rule to be so minimal options for compliance, please contact
Spa Creek. The opposing teams will pull that a full Regulatory Evaluation under the address listed under ADDRESSES. The
a floating rope approximately 1700 feet the regulatory policies and procedures Coast Guard will not retaliate against
in length, spanning Spa Creek. A fleet of DHS is unnecessary. small entities that question or complain
of spectator vessels is anticipated to Although this regulation prevents about this rule or any policy or action
gather nearby to view the competition. traffic from transiting a segment of Spa of the Coast Guard.
Due to the need for vessel control while Creek during the event, the impact of Small businesses may send comments
the rope is spanned across Spa Creek, this regulation will not be significant on the actions of Federal employees
vessel traffic will be temporarily due to the limited duration that the who enforce, or otherwise determine
restricted to provide for the safety of regulated area will be in effect and the compliance with, Federal regulations to
participants, spectators and transiting extensive advance notifications that will the Small Business and Agriculture
vessels. be made to the maritime community via Regulatory Enforcement Ombudsman
marine information broadcasts, local and the Regional Small Business
Discussion of Comments and Changes radio stations and area newspapers so Regulatory Fairness Boards. The
One comment was received in mariners can adjust their plans Ombudsman evaluates these actions
response to the notice of proposed accordingly. annually and rates each agency’s
rulemaking (NPRM) published in the responsiveness to small business. If you
Federal Register. Small Entities
wish to comment on actions by
The Coast Guard received comment Under the Regulatory Flexibility Act employees of the Coast Guard, call 1–
from the Annapolis, MD Harbormaster (5 U.S.C. 601–612), we have considered 888–REG–FAIR (1–888–734–3247).
that recommended a change in the times whether this rule would have a
of the event scheduled for October 29, significant economic impact on a Collection of Information
2005 than previously announced in the substantial number of small entities. This rule calls for no new collection
notice of proposed rulemaking (NPRM) The term ‘‘small entities’’ comprises of information under the Paperwork

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61036 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations

Reduction Act of 1995 (44 U.S.C. 3501– Energy Effects List of Subjects in 33 CFR Part 100
3520). We have analyzed this rule under Marine safety, Navigation (water),
Federalism Executive Order 13211, Actions Reporting and recordkeeping
Concerning Regulations That requirements, Waterways.
A rule has implications for federalism Significantly Affect Energy Supply, ■ For the reasons discussed in the
under Executive Order 13132, Distribution, or Use. We have preamble, the Coast Guard amends 33
Federalism, if it has a substantial direct determined that it is not a ‘‘significant CFR part 100 as follows:
effect on State or local governments and energy action’’ under that order because
would either preempt State law or it is not a ‘‘significant regulatory action’’ PART 100—SAFETY OF LIFE ON
impose a substantial direct cost of under Executive Order 12866 and is not NAVIGABLE WATERS
compliance on them. We have analyzed likely to have a significant adverse effect
this rule under that Order and have ■ 1. The authority citation for part 100
on the supply, distribution, or use of
determined that it does not have continues to read as follows:
energy. The Administrator of the Office
implications for federalism. of Information and Regulatory Affairs Authority: 33 U.S.C. 1233, Department of
has not designated it as a significant Homeland Security Delegation No. 0170.1.
Unfunded Mandates Reform Act
energy action. Therefore, it does not ■ 2. Add § 100.534 to read as follows:
The Unfunded Mandates Reform Act require a Statement of Energy Effects
of 1995 (2 U.S.C. 1531–1538) requires under Executive Order 13211. § 100.534, Tug-of-War; Spa Creek,
Federal agencies to assess the effects of Annapolis, Maryland.
Technical Standards
their discretionary regulatory actions. In (a) Regulated area. A regulated area is
particular, the Act addresses actions The National Technology Transfer established for the waters of Spa Creek
that may result in the expenditure by a and Advancement Act (NTTAA) (15 from shoreline to shoreline, extending
State, local, or tribal government, in the U.S.C. 272 note) directs agencies to use 400 feet from either side of a rope
aggregate, or by the private sector of voluntary consensus standards in their spanning Spa Creek from a position at
$100,000,000 or more in any one year. regulatory activities unless the agency latitude 38°58′36.9″ N, longitude
Though this rule will not result in such provides Congress, through the Office of 076°29′03.8″ W on the Annapolis
an expenditure, we do discuss the Management and Budget, with an shoreline to a position at latitude
effects of this rule elsewhere in this explanation of why using these 38°58′26.4″ N, longitude 076°28′53.7″ W
preamble. standards would be inconsistent with on the Eastport shoreline. All
applicable law or otherwise impractical. coordinates reference Datum NAD 1983.
Taking of Private Property Voluntary consensus standards are (b) Definitions: (1) Coast Guard Patrol
This rule will not effect a taking of technical standards (e.g., specifications Commander means a commissioned,
private property or otherwise have of materials, performance, design, or warrant, or petty officer of the Coast
taking implications under Executive operation; test methods; sampling Guard who has been designated by the
Order 12630, Governmental Actions and procedures; and related management Commander, Coast Guard Sector
Interference with Constitutionally systems practices) that are developed or Baltimore.
Protected Property Rights. adopted by voluntary consensus (2) Official Patrol means any vessel
standards bodies. assigned or approved by Commander,
Civil Justice Reform This rule does not use technical Coast Guard Sector Baltimore with a
standards. Therefore, we did not commissioned, warrant, or petty officer
This rule meets applicable standards
consider the use of voluntary consensus on board and displaying a Coast Guard
in sections 3(a) and 3(b)(2) of Executive
standards. ensign.
Order 12988, Civil Justice Reform, to
(3) Participant means all vessels
minimize litigation, eliminate Environment
participating in the ‘‘Tug of War’’ under
ambiguity, and reduce burden. We have analyzed this rule under the auspices of the Marine Event Permit
Protection of Children Commandant Instruction M16475.lD, issued to the event sponsor and
which guides the Coast Guard in approved by Commander, Coast Guard
We have analyzed this rule under complying with the National Sector Baltimore.
Executive Order 13045, Protection of Environmental Policy Act of 1969 (c) Special Local Regulations: (1) No
Children from Environmental Health (NEPA) (42 U.S.C. 4321–4370f), and person or vessel may enter or remain in
Risks and Safety Risks. This rule is not have concluded that there are no factors the regulated area unless participating
an economically significant rule and in this case that would limit the use of in the event or authorized by the Patrol
does not create an environmental risk to a categorical exclusion under section Commander. The Patrol Commander
health or risk to safety that may 2.B.2 of the Instruction. Therefore, this may intermittently authorize general
disproportionately affect children. rule is categorically excluded, under navigation to pass through the regulated
Indian Tribal Governments figure 2–1, paragraph (34)(h), of the area. Notice of these opportunities will
Instruction, from further environmental be given via marine safety radio
This rule does not have tribal documentation. Special local broadcast on VHF–FM marine band
implications under Executive Order regulations issued in conjunction with a radio, channel 16 (156.8 MHz) and
13175, Consultation and Coordination regatta or marine event permit are channel 22 (157.1 MHz).
with Indian Tribal Governments, specifically excluded from further (2) The operator of any vessel in the
because it does not have a substantial analysis and documentation under those regulated area must:
direct effect on one or more Indian sections. Under figure 2–1, paragraph (i) Stop the vessel immediately when
tribes, on the relationship between the (34)(h), of the Instruction, an directed to do so by any Official Patrol
Federal Government and Indian tribes, ‘‘Environmental Analysis Check List’’ and then proceed only as directed.
or on the distribution of power and and a ‘‘Categorical Exclusion (ii) All persons and vessels shall
responsibilities between the Federal Determination’’ are not required for this comply with the instructions of the
Government and Indian tribes. rule. Official Patrol.

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Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations 61037

(iii) When authorized to transit the SUPPLEMENTARY INFORMATION: In 84.033 Federal Work Study Program; 84.038
regulated area, all vessels shall proceed accordance with the requirements of the Federal Perkins Loan Program; and 84.268
at the minimum speed necessary to HEROES Act of 2003, on December 12, William D. Ford Federal Direct Loan
maintain a safe course. Program.
2003, the Secretary announced in a
(d) Enforcement period. This section notice published in the Federal Program Authority: 20 U.S.C. 1071, 1082,
will be enforced annually from 10:30 Register, the waivers or modifications of 1087a, 1087aa, Pub. L. 108–76, Pub. L. 109–
a.m. to 2:30 p.m. on the first Saturday statutory or regulatory provisions that 78.
in November. In 2005 the section will be were appropriate to assist individuals Dated: October 14, 2005.
enforced from 9:30 a.m. to 12 p.m. on who are applicants and recipients of Sally L. Stroup,
October 29, instead of the first Saturday student financial assistance under Title Assistant Secretary for Postsecondary
in November. IV of the Higher Education Act of 1965, Education.
Dated: October 11, 2005. as amended (HEA), and who— [FR Doc. 05–21012 Filed 10–19–05; 8:45 am]
S. Ratti, • Are serving on active duty during a
BILLING CODE 4000–01–P
Captain, U.S. Coast Guard, Commander, Fifth war or other military operation or
Coast Guard District, Acting. national emergency;
[FR Doc. 05–21018 Filed 10–19–05; 8:45 am]
• Are performing qualifying National
Guard duty during a war or other POSTAL SERVICE
BILLING CODE 4910–15–P
military operation or national
emergency; 39 CFR Part 111
• Reside or are employed in an area Address Visibility on Bundles of Flat-
DEPARTMENT OF EDUCATION that is declared a disaster area by any Size and Irregular Parcel Mail
34 CFR Parts 668, 674, 682, and 685 Federal, State, or local official in
connection with a national emergency; AGENCY: Postal Service.
Federal Student Aid Programs or ACTION: Final rule.
(Student Assistance General • Suffered direct economic hardship
Provisions, Federal Perkins Loan as a direct result of a war or other SUMMARY: The Postal ServiceTM is
Program, Federal Direct Loan Program, military operation or national adopting new mailing standards to
Federal Family Education Loan emergency, as determined by the ensure that address and presort
Program) Secretary. information on bundles of flat-size and
Under the terms of the HEROES Act irregular parcel mail remains visible and
AGENCY: Office of Postsecondary of 2003, these waivers and readable during processing. The new
Education, Department of Education. modifications were scheduled to expire standards apply only to bundles of
ACTION: Notice extending the expiration on September 30, 2005. However, on Periodicals, Standard Mail, and Package
date for the waivers and modifications September 30, 2005, the President Services mail intended for processing
of statutory and regulatory provisions signed into law Pub. L. 109–78, which on our Automated Package Processing
pursuant to the Higher Education Relief extended the expiration date of the System equipment.
Opportunities for Students (HEROES) HEROES Act of 2003, from September EFFECTIVE DATE: October 27, 2005.
Act of 2003, Public Law 108–76. 30, 2005 to September 30, 2007. As a
result, we are extending the waivers and FOR FURTHER INFORMATION CONTACT: Bill
SUMMARY: We extend the expiration date Chatfield, Mailing Standards, U.S.
modifications announced in the
for the waivers and modifications of Postal Service, at (202) 268–7278 or
December 12, 2003, Federal Register
statutory and regulatory provisions Susan Hawes, Operational
notice through September 30, 2007.
issued by the Secretary pursuant to the Electronic Access to This Document: Requirements and Integration, U.S.
HEROES Act of 2003 and announced in You may view this document, as well as Postal Service, at (202) 268–8980.
a notice published in the Federal all other documents of this Department SUPPLEMENTARY INFORMATION:
Register on December 12, 2003 (68 FR published in the Federal Register, in
69312). Background
text or Adobe Portable Document
EFFECTIVE DATE: September 30, 2005. Format (PDF) on the Internet at the The Postal Service uses automated
The waivers and modifications following site: http://www.ed.gov/news/ equipment whenever possible to reduce
announced in the December 12, 2003 fedregister. mail processing costs and help maintain
Federal Register notice expire on To use PDF you must have Adobe stable postage rates. Our new
September 30, 2007. Acrobat Reader, which is available free Automated Package Processing System
FOR FURTHER INFORMATION CONTACT: at this site. If you have questions about (APPS) for bundles of flat-size and
Wendy Macias, Office of Postsecondary using PDF, call the U.S. Government irregular parcel mail has optical
Education, U.S. Department of Printing Office (GPO), toll free, at 1– character reader (OCR) technology,
Education, 1990 K Street, NW., room 888–293–6498; or in the Washington, enabling it to read delivery information
8017, Washington, DC 20006–8544. DC, area at (202) 512–1530. and process mail more efficiently. APPS
Telephone: (202) 502–7526 or by e-mail: will replace many of our small parcel
Note: The official version of this document
wendy.macias@ed.gov. is the document published in the Federal
and bundle sorters.
If you use a telecommunications Register. Free Internet access to the official We published a proposed rule in the
device for the deaf (TDD), you may call edition of the Federal Register and the code Federal Register on September 2, 2004
the Federal Relay Service (FRS) at 1– of Federal Regulations is available on GPO (69 FR 53666), concerning address
800–877–8339. Access at: http://www.gpoaccess.gov/nara/ visibility on bundles of flat-size and
Individuals with disabilities may index.htm1. irregular parcel mail. Our proposed rule
obtain this document in an alternative Catalog of Federal Domestic Assistance
included the following changes in
format (e.g., Braille, large print, Numbers: 84.007 Federal Supplemental mailing standards for bundles of
audiotape, or computer diskette) on Educational Opportunity Grant Program; Periodicals, Standard Mail, and Package
request to the program contact person 84.032 Federal Family Education Loan Services mailpieces intended for
listed in this section. Program; 84.032 Federal PLUS Program; processing on APPS equipment:

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