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14132 Federal Register / Vol. 71, No.

54 / Tuesday, March 21, 2006 / Proposed Rules

under section 202, and have concluded (F) Payments by a casino to a Sector Portland, 6767 N. Basin Ave,
that, on balance, this proposed rule customer based on receipt of funds Portland, Oregon 97217. Waterways
provides the most cost-effective and through wire transfers; Management maintains the public
least burdensome alternative to achieve * * * * * docket [CGD13–06–007] for this
the stated objectives associated with the (H) Exchanges of currency for rulemaking. Comments and material
same. currency, including foreign currency; received from the public, as well as
(I) Travel and complementary documents indicated in this preamble as
List of Subjects in 31 CFR Part 103 being available in the docket, will
expenses and gaming incentives; and
Administrative practice and (J) Payment for tournament, contests become part of this docket and will be
procedure, Authority delegations and other promotions. available for inspection or copying at
(Government agencies), Banks and (iii) Other provisions of this part U.S. Coast Guard Sector Portland
banking, Currency, Gambling, Indian notwithstanding, a transaction in between 7 a.m. and 4 p.m., Monday
gaming, Investigations, Law currency or currency transaction for through Friday, except Federal holidays.
enforcement, Reporting and purposes of §§ 102.22(b)(2) and (c)(3) FOR FURTHER INFORMATION CONTACT:
recordkeeping requirements. shall not include: MST1 Charity Keuter, c/o Captain of the
(A) Transactions between a casino Port Portland, 6767 N. Basin Ave,
Authority and Issuance and a currency dealer or exchanger, or Portland, OR 97217–3992, phone (503)
For the reasons set forth in the between a casino and a check casher, as 240–9311.
preamble, part 103 of Title 31 of the those terms are defined in § 103.11(uu), SUPPLEMENTARY INFORMATION:
Code of Federal Regulations is proposed so long as such transactions are
to be amended as follows: conducted pursuant to a contractual or Request for Comments
other arrangement with a casino We encourage you to participate in
PART 103—FINANCIAL covering the financial services in this rulemaking by submitting
RECORDKEEPING AND REPORTING §§ 103.22(b)(2)(i)(H), 103.22(b)(2)(ii)(G), comments and related material. If you
OF CURRENCY AND FINANCIAL and 103.22(b)(2)(ii)(H); and do so, please include your name and
TRANSACTIONS (B) Jackpots from slot machines or address, identify the docket number for
video lottery terminals. this rulemaking (CGD13–06–007),
1. The authority citation for part 103 * * * * * indicate the specific section of this
continues to read as follows: document to which each comment
Dated: March 14, 2006.
Authority: 12 U.S.C. 1829b and 1951–1959; Robert W. Werner, applies, and give the reason for each
31 U.S.C. 5311–5314, 5316–5332; title III, comment. Please submit all comments
secs. 311, 312, 313, 314, 319, 326, 352, Pub. Director, Financial Crimes Enforcement
Network. and related material in an unbound
L. 107–56, 115 Stat. 307. format, no larger than 81⁄2 by 11 inches,
[FR Doc. E6–4072 Filed 3–20–06; 8:45 am]
Section 103.22 is amended by: BILLING CODE 4820–03–P
suitable for copying. If you would like
A. Revising paragraphs (b)(2)(i)(A), to know if your comments reached us,
(E), (G), and (H), and adding a new please enclose a stamped, self-addressed
paragraph (b)(2)(i)(I); postcard or envelope. We will consider
DEPARTMENT OF HOMELAND
B. Revising paragraphs (b)(2)(ii)(A), all comments and material received
SECURITY
(E), (F), (H), and (I), and adding a new during the comment period. We may
paragraph (b)(2)(ii)(J); and Coast Guard change this proposed rule in view of
C. Adding a new paragraph (b)(2)(iii). them.
The revisions and additions read as 33 CFR Part 100 Public Meeting
follows: [CGD13–06–007] We do not plan to hold a public
§ 103.22 Reports of transactions in RIN 1625–AA08 meeting. But you may submit a request
currency. for a meeting by writing to U.S. Coast
* * * * * Special Local Regulation: Annual Guard Sector Portland at the address
(b) * * * Dragon Boat Races, Portland, OR under ADDRESSES explaining why one
(2) * * * would be beneficial. If we determine
AGENCY: Coast Guard, DHS. that one would aid this rulemaking, we
(i) * * * ACTION: Notice of proposed rulemaking. will hold one at a time and place
(A) Purchases of chips, tokens, and
SUMMARY: The Coast Guard proposes to announced by a later notice in the
other gaming instruments;
establish a permanent special local Federal Register.
* * * * *
regulation for the Dragon Boat Races Background and Purpose
(E) Bets of currency, including money
held annually the second Saturday and This event may result in a number of
plays;
Sunday of June on the waters of the recreational vessels congregating near
* * * * * Willamette River, Portland, Oregon.
(G) Purchases of a casino’s check; the boat races. The regulated area is
These special local regulations limit the needed to protect event participants.
(H) Exchanges of currency for movement of non-participating vessels
currency, including foreign currency; Dragon Boats have very little freeboard
in the regulated race area. This and are susceptible to swamping.
and proposed rule is needed to provide for Accordingly, regulatory action is needed
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(I) Bills inserted into electronic the safety of life on navigable waters
gaming devices. in order to provide for the safety of
during the event. spectators and participants during the
(ii) * * * DATES: Comments and related material event.
(A) Redemptions of chips, tokens, must reach the Coast Guard on or before
tickets, and other gaming instruments; April 20, 2006. Discussion of Proposed Rule
* * * * * ADDRESSES: You may mail comments This rule would control vessel
(E) Payments on bets; and related material to U.S. Coast Guard movements from entering the race event

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Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules 14133

area. This regulated area will assist in the Willamette River from 8 a.m. (PDT) that may result in the expenditure by a
minimizing the inherent danger to 5 p.m. (PDT) on June 10th and 11th, State, local, or tribal government, in the
associated with these races. In the event 2006 and hereafter annually on the aggregate, or by the private sector of
that one of the dragon boats should second Saturday and Sunday in June. $100,000,000 or more in any one year.
capsize due to excess speed from river The Coast Guard certifies under 5 Though this proposed rule would not
traffic, emergency assistance must have U.S.C. 605(b) that this proposed rule result in such an expenditure, we do
immediate access to the craft. The Coast would not have a significant economic discuss the effects of this rule elsewhere
Guard, through this action, intends to impact on a substantial number of small in this preamble.
promote the safety of personnel, vessels, entities. This regulated area will not
and facilities in the area. Due to these have significant economic impact on a Taking of Private Property
concerns, public safety requires these substantial number of small entities for This proposed rule would not effect a
regulations to provide for the safety of the following reasons. This rule will be taking of private property or otherwise
life on the navigable waters. in effect for only 18 hours and vessel have taking implications under
The Coast Guard proposes to create traffic will be allowed to safely pass Executive Order 12630, Governmental
this regulation by revising § 100.1302, through the area with a ‘‘no wake’’ zone Actions and Interference with
rather than create a new section in the enforced. Constitutionally Protected Property
Code of Federal Regulations because the If you think that your business, Rights.
annual Clarkston, Washington, Limited organization, or governmental
Hydroplane Races that currently exist in jurisdiction qualifies as a small entity Civil Justice Reform
that section, is no longer an event which and that this rule would have a This proposed rule meets applicable
occurs with any regularity. Those races significant economic impact on it, standards in sections 3(a) and 3(b)(2) of
have not been conducted for at least five please submit a comment (see Executive Order 12988, Civil Justice
years and the sponsor has stated that ADDRESSES) explaining why you think it Reform, to minimize litigation,
they will no longer occur. The Dragon qualifies and how and to what degree eliminate ambiguity, and reduce
Boat Races in Portland, Oregon, this rule would economically affect it. burden.
however, is an event that that takes
place annually and would benefit from Assistance for Small Entities Protection of Children
a permanent rule. Under section 213(a) of the Small We have analyzed this proposed rule
Business Regulatory Enforcement under Executive Order 13045,
Regulatory Evaluation
Fairness Act of 1996 (Pub. L. 104–121), Protection of Children from
This proposed rule is not a we want to assist small entities in
‘‘significant regulatory action’’ under Environmental Health Risks and Safety
understanding this proposed rule so that Risks. This rule is not an economically
section 3(f) of Executive Order 12866, they can better evaluate its effects on
Regulatory Planning and Review, and significant rule and would not create an
them and participate in the rulemaking. environmental risk to health or risk to
does not require an assessment of If the rule would affect your small
potential costs and benefits under safety that might disproportionately
business, organization, or governmental affect children.
section 6(a)(3) of that Order. The Office jurisdiction and you have questions
of Management and Budget has not concerning its provisions or options for Indian Tribal Governments
reviewed it under that Order. It is not compliance, please contact Petty Officer
‘‘significant’’ under the regulatory This proposed rule does not have
Charity Keuter at (503) 240–9301. The
policies and procedures of the tribal implications under Executive
Coast Guard will not retaliate against
Department of Homeland Security Order 13175, Consultation and
small entities that question or complain
(DHS). We expect the economic impact Coordination with Indian Tribal
about this rule or any policy or action
of this proposed rule to be so minimal Governments, because it would not have
of the Coast Guard.
that a full Regulatory Evaluation of the a substantial direct effect on one or
regulatory policies and procedures of Collection of Information more Indian tribes, on the relationship
DHS is unnecessary. This expectation is This proposed rule would call for no between the Federal Government and
based on the fact that the regulated area new collection of information under the Indian tribes, or on the distribution of
established by the proposed regulation Paperwork Reduction Act of 1995 (44 power and responsibilities between the
will encompass a small portion of the U.S.C. 3501–3520). Federal Government and Indian tribes.
river for eighteen hours over two days. Energy Effects
Federalism
Small Entities A rule has implications for federalism We have analyzed this proposed rule
Under the Regulatory Flexibility Act under Executive Order 13132, under Executive Order 13211, Actions
(5 U.S.C. 601–612), we have considered Federalism, if it has a substantial direct Concerning Regulations That
whether this proposed rule would have effect on State or local governments and Significantly Affect Energy Supply,
a significant economic impact on a would either preempt State law or Distribution, or Use. We have
substantial number of small entities. impose a substantial direct cost of determined that it is not a ‘‘significant
The term ‘‘small entities’’ comprises compliance on them. We have analyzed energy action’’ under that order because
small businesses, not-for-profit this proposed rule under that Order and it is not a ‘‘significant regulatory action’’
organizations that are independently have determined that it does not have under Executive Order 12866 and is not
owned and operated and are not implications for federalism. likely to have a significant adverse effect
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dominant in their fields, and on the supply, distribution, or use of


governmental jurisdictions with Unfunded Mandates Reform Act energy. The Administrator of the Office
populations of less than 50,000. The Unfunded Mandates Reform Act of Information and Regulatory Affairs
This rule will affect the following of 1995 (2 U.S.C. 1531–1538) requires has not designated it as a significant
entities, some of which may be small Federal agencies to assess the effects of energy action. Therefore, it does not
entities: the owners or operators of their discretionary regulatory actions. In require a Statement of Energy Effects
vessels intending to transit a portion of particular, the Act addresses actions under Executive Order 13211.

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14134 Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules

Technical Standards § 100.1302 Special Local Regulation, DEPARTMENT OF LABOR


Annual Dragon Boat Races, Portland,
The National Technology Transfer Oregon. Office of Federal Contract Compliance
and Advancement Act (NTTAA) (15 Programs
U.S.C. 272 note) directs agencies to use (a) Regulated Area. All waters of the
voluntary consensus standards in their Willamette River shore to shore,
41 CFR Part 60–2
regulatory activities unless the agency bordered on the north by the Hawthorne
provides Congress, through the Office of Bridge, and on the south by the RIN 1215–AB53
Management and Budget, with an Marquam Bridge.
explanation of why using these Affirmative Action and
(b) Enforcement Period. The event is Nondiscrimination Obligations of
standards would be inconsistent with a two day event which will be enforced Contractors and Subcontractors;
applicable law or otherwise impractical. annually from 8 a.m. (PDT) to 5 p.m. Equal Opportunity Survey; Correction
Voluntary consensus standards are (PDT) on the second Saturday and
technical standards (e.g., specifications Sunday of June. In 2006, this regulation AGENCY: Office of Federal Contract
of materials, performance, design, or Compliance Programs, Labor.
will be enforced from 8 a.m. until 5 p.m.
operation; test methods; sampling ACTION: Notice of proposed rulemaking;
on Saturday, June 10th and Sunday June
procedures; and related management correction; and extension of comment
11th.
systems practices) that are developed or period.
adopted by voluntary consensus (c) Special Local Regulation. (1) Non
standards bodies. participant vessels are prohibited from SUMMARY: On January 20, 2006, the
This proposed rule does not use entering the race area unless authorized Office of Federal Contract Compliance
technical standards. Therefore, we did by the Coast Guard Patrol Commander. Programs (OFCCP) published in the
not consider the use of voluntary Federal Register a notice of proposed
(2) All persons or vessels not rulemaking (NPRM). The NPRM (71 FR
consensus standards. registered with the sponsor as 3373) proposes to amend the regulations
Environment participants or not part of the regatta implementing Executive Order 11246 by
patrol are considered spectators. removing the current requirement for
We have analyzed this proposed rule Spectator vessels must be moored to a nonconstruction federal contractors to
under Commandant Instruction waterfront facility in a way that will not file the Equal Opportunity Survey (‘‘EO
M16475.lD, which guides the Coast interfere with the progress of the event Survey NPRM’’). This document
Guard in complying with the National or have permission to enter the area corrects the e-mail address for
Environmental Policy Act of 1969
from the Mor Coast Guard patrol submitting comments on the EO Survey
(NEPA) (42 U.S.C. 4321–4370f), and
commander. Spectators must proceed at NPRM. Further, to ensure that all public
have made a preliminary determination
a safe speed as not to cause a wake. This comments are received, this document
that there are no factors in this case that
requirement will be strictly enforced to extends the comment period for the
would limit the use of a categorical
preserve the safety of both life and proposed rule for seven (7) days.
exclusion under section 2.B.2 of the
property. Respondents who sent comments to the
Instruction. Therefore, we believe that earlier e-mail address are encouraged to
this rule should be categorically (3) A succession of sharp, short contact the person named below to find
excluded, under figure 2–1, paragraph signals by whistle or horn from vessels out if their comments were received and
(34)(h), of the Instruction, from further patrolling the area under the direction re-submit them to the e-mail address
environmental documentation. Under of the Patrol Commander shall serve as below if necessary.
figure 2–1, paragraph (34)(h), of the a signal to stop. Vessels signaled shall DATES: The comment period for the EO
Instruction, an ‘‘Environmental Analysis stop and shall comply with the orders Survey NPRM published January 20,
Check List’’ and a ‘‘Categorical of the patrol vessel. Failure to do so may 2006 (71 FR 3373) is extended to March
Exclusion Determination’’ are not result in expulsion from the area, 28, 2006.
required for this rule. Comments on this citation for failure to comply, or both. FOR FURTHER INFORMATION CONTACT:
section will be considered before we
make the final decision on whether to (4) The Coast Guard Patrol James C. Pierce, Acting Director,
categorically exclude this rule from Commander may be assisted by other Division of Policy, Planning, and
further environmental review. Federal, State and local law Program Development, Office of Federal
enforcement agencies in enforcing this Contract Compliance Programs, 200
List of Subjects in 33 CFR Part 100 regulation. Constitution Avenue, NW., Room
Marine safety, Navigation (water), N3422, Washington, DC 20210.
Dated: February 28, 2006.
Reporting and recordkeeping Telephone: (202) 693–0102 (voice) or
R.R. Houck, (202) 693–1337 (TTY).
requirements, Waterways.
Rear Admiral, U.S. Coast Guard, Commander, SUPPLEMENTARY INFORMATION:
For the reasons discussed in the Thirteenth Coast Guard District.
preamble, the Coast Guard proposes to [FR Doc. E6–4017 Filed 3–20–06; 8:45 am] Correction
amend 33 CFR part 100 as follows: BILLING CODE 4910–15–P Due to an upgrade in the computer
system, the original e-mail address
PART 100—SAFETY OF LIFE ON published in the proposed rule is not
NAVIGABLE WATERS currently functioning and is not
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1. The authority citation for part 100 receiving e-mail comments.


continues to read as follows: Accordingly, in FR Doc. 06–646
appearing on page 3373, in the Federal
Authority: 33 U.S.C. 1233; Department of
Register of Friday, January 20, 2006, the
Homeland Security Delegation No. 0170.1.
e-mail address shown, ‘‘ofccp-
2. Revise § 100.1302 to read as mail@dol.esa.gov,’’ is corrected to read
follows: ‘‘OFCCP-Public@dol.gov.’’

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