Safety Zone; Charleston, SC, 21702-21704 [05-8351]
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21702
Federal Register / Vol. 70, No. 80 / Wednesday, April 27, 2005 / Proposed Rules
for drawbridges are categorically
excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
2. In § 117.561 revise paragraphs (b)
and (c) to read as follows:
§ 117.561
Kent Island Narrows.
*
*
*
*
*
(b) From May 1 through October 31,
the draw shall open on signal on the
hour and half-hour from 6 a.m. to 9
p.m., but need not be opened from 9
p.m. to 6 a.m.
(c) The draw shall open on signal for
public vessels of the United States, state
and local government vessels used for
public safety purposes, and vessels in
distress. Operational information will be
available 24 hours a day by calling 1–
800–543–2515.
Dated: April 18, 2005.
Ben R. Thomason III,
Captain, United States Coast Guard, Acting
Commander, Fifth Coast Guard District.
[FR Doc. 05–8459 Filed 4–26–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD17–05–002]
RIN 1625–AA11 and 1625–AA87
Regulated Navigation Area and
Security Zones; High Capacity
Passenger Vessels in Alaska
Coast Guard, DHS.
Proposed rule; re-opening of
public comment period.
AGENCY:
ACTION:
SUMMARY: In response to public
comments on the proposed Regulated
Navigation Area and Security Zones;
High Capacity Passenger Vessels in
Alaska, the Coast Guard is re-opening
the public comment period an
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20:02 Apr 26, 2005
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additional 30 days. These actions will
afford the public additional time and
opportunity to provide the Coast Guard
with information regarding the
proposed Regulated Navigation Area
and Security Zones; High Capacity
Passenger Vessels in Alaska.
DATES: Comments and related material
must reach the Coast Guard on or before
May 27, 2005.
ADDRESSES: You may mail comments
and related material to District 17
(MOC), 709 West 9th St., Room 753,
Juneau, Alaska 99801. District 17 (MOC)
maintains the public docket for this
rulemaking. Comments and related
materials received from the public will
become part of this docket and will be
available for inspection or copying at
District 17 (MOC), 709 West 9th St.,
Room 753, Juneau, Alaska 99801
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT
Matthew York, District 17 (MOC), 709
West 9th St., Room 753, Juneau, Alaska
99801, (907) 463–2821.
SUPPLEMENTARY INFORMATION:
Request for Comments
On March 9, 2005, D17 (MOC)
published a Federal Register Notice
seeking comments on the proposed
Regulated Navigation Area and Security
Zones; High Capacity Passenger Vessels
in Alaska (70 FR 11595). The initial
comment period was 30 days. A total of
19 public comments were received by
the April 8, 2005, deadline, and all of
them raised important issues on
possible effects of the proposed rule.
Additionally, others persons
commented to the Coast Guard and said
they needed more time. To ensure the
Coast Guard receives comments from
interested parties and to allow more
time for dissemination of the proposed
rule, the Coast Guard is re-opening the
public comment period for an
additional 30 days.
We encourage you to submit
comments and related material
pertaining specifically to this
rulemaking by submitting comments
and related material. If you do so, please
include your name and address, identify
the docket number for this rulemaking
(CGD17–05), and give the reason for
each comment. You may submit your
comments and material by mail, hand
delivery, fax, or electronic means to the
project officer at the addresses or phone
numbers listed under FOR FURTHER
INFORMATION CONTACT, but please submit
your comments and material by only
one means. If you submit them by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
11 inches, suitable for copying and
electronic filing. If you would like to
know that your submission reached us,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. The
recommendation made by this office
may be affected by comments received.
Public Meeting
We do not plan to hold a public
meeting. However, you may submit a
request for a public meeting by writing
to District 17 (MOC) at the address
under ADDRESSES explaining why one
would be beneficial. If we determine
that a public meeting would aid this
rulemaking, we will hold one at a time
and place announced by a separate
notice in the Federal Register.
Dated: April 18, 2005.
James C. Olson,
Rear Admiral, U.S. Coast Guard, Commander,
Seventeenth Coast Guard District.
[FR Doc. 05–8349 Filed 4–26–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP Charleston 05–036]
RIN 1625–AA00
Safety Zone; Charleston, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes a
temporary safety zone on the waters of
the Wando River, Cooper River, and
Charleston Harbor from Hobcaw Yacht
Club to Charleston Harbor Marina and
from the coast of Mount Pleasant to 150
yards offshore during the Lowcountry
Splash swimming event. A temporary
safety zone is necessary to prevent
commercial or recreational boating
traffic from transiting the racecourse.
This temporary safety zone will allow
the swimmers to safely participate in
the event without interfering with vessel
traffic.
DATES: Comments and related material
must reach the Coast Guard on or before
May 9, 2005.
ADDRESSES: You may mail comments
and related material to Marine Safety
Office Charleston, 196 Tradd St.,
Charleston, SC 29401. The Marine
Safety Office maintains the public
docket for this rulemaking. Comments
and material received from the public,
E:\FR\FM\27APP1.SGM
27APP1
Federal Register / Vol. 70, No. 80 / Wednesday, April 27, 2005 / Proposed Rules
as well as documents indicated in this
preamble as being available in the
docket, will become part of this docket
and will be available for inspection or
copying at The Marine Safety Office
Charleston between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
LTJG Matthew Meskun, U.S. Coast
Guard Marine Safety Office Charleston,
South Carolina, at (843) 720–3240.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (COTP Charleston 05–
036), indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
If, as we anticipate, we make this
temporary final rule effective less than
30 days after publication in the Federal
Register, we will explain in that
publication, as required by 5 U.S.C.
(d)(3), our good cause for doing so.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to The Marine
Safety Office Charleston at the address
under ADDRESSES explaining why one
would be beneficial. If we determine
that one would aid this rulemaking, we
will hold one at a time and place
announced by a later notice in the
Federal Register.
Background and Purpose
This regulation is needed to provide
for the safety of life on navigable waters
because of the inherent dangers
associated with an open-water
swimming event on a highly utilized
body of water. The event will take place
from 7 a.m. until 11 a.m. on May 21,
2005. The event sponsor will provide
30–40 kayaks to keep swimmers on
course and assist the Coast Guard in
patrolling the area. This rule creates an
area that will prohibit non-participant
vessels from entering the regulated area
during the event without the permission
of the Coast Guard Patrol Commander.
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20:02 Apr 26, 2005
Jkt 205001
Discussion of Proposed Rule
This Coast Guard Captain of the Port
Charleston, South Carolina, proposes to
establish a temporary safety zone in
order to provide a safe area for this
swimming event. The event will take
place from 7 a.m. until 11 a.m. on May
21, 2005. The safety zone will have
patrol vessels to enforce the zone and
the event sponsor will provide 30 to 40
kayaks in order to assist the swimmers
and ensure they are staying within the
designated areas. The safety zone is
necessary to protect the swimmers from
the dangers of vessel traffic in the
vicinity of the race. Marine Safety Office
Charleston will notify the maritime
community when the safety zone is in
effect via a broadcast notice to mariners
on VHF Marine Band Radio, Channel 16
(156.8 MHz), or by actual notice from
on-scene security assets enforcing the
zone.
Regulatory Evaluation
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order. It is not
‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security
(DHS).
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary, because the safety
zone will only be in effect for a limited
time and for a limited area.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
will not have a significant economic
impact on a substantial number of small
entities. This proposed rule will affect
the following entities, some of which
may be small entities: The owners or
operators of vessels intending to transit
or anchor in a portion of the Wando
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Fmt 4702
Sfmt 4702
21703
River, Cooper River, and Charleston
Harbor from 7 a.m. to 11 a.m., May 21,
2005. This proposed rule would not
have a significant economic impact on
a substantial number of small entities,
because the rule will only be in effect
for a limited time and for a limited area.
Vessel traffic will be able to transit the
waterway around the safety zone.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we offered to assist small entities
in understanding this proposed rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process. Small entities may
contact the person listed under FOR
FURTHER INFORMATION CONTACT for
assistance in understanding and
participating in this rulemaking. The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
E:\FR\FM\27APP1.SGM
27APP1
21704
Federal Register / Vol. 70, No. 80 / Wednesday, April 27, 2005 / Proposed Rules
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
We have analyzed this rule under
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation. Under figure 2–1,
paragraph (34)(g), of the Instruction, an
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are not required for this
rule. Comments on this section will be
considered before we make the final
decision on whether to categorically
exclude this rule from further
environmental review.
Energy Effects
List of Subjects in 33 CFR Part 165
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
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20:02 Apr 26, 2005
Jkt 205001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add new temporary § 165.T07–036
to read as follows:
§ 165.T07–036
SC.
Safety Zone; Charleston,
(a) Regulated Area. The Coast Guard
is establishing a temporary safety zone
on the waters of the Wando River,
Cooper River, and Charleston Harbor
from the Hobcaw Yacht Club to the
Charleston Harbor Marina and from the
coast of Mount Pleasant to 150 yards
offshore.
(b) Regulations. In accordance with
the general regulations in 165.23 of this
part, anchoring, mooring or transiting
the Regulated Area is prohibited unless
authorized by the Coast Guard Captain
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Frm 00026
Fmt 4702
Sfmt 4702
of the Port or Coast Guard Patrol
Commander.
(c) Effective Date. This rule is
effective from 7 a.m. until 11 a.m. on
May 21, 2005.
Dated: April 18, 2005.
D.W. Murk,
Lieutenant Commander, U.S. Coast Guard,
Acting Captain of the Port, Charleston, South
Carolina.
[FR Doc. 05–8351 Filed 4–26–05; 8:45 am]
BILLING CODE 4910–15–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 270
[Docket No. RM 2002–1H]
Notice and Recordkeeping for Use of
Sound Recordings Under Statutory
License
Copyright Office, Library of
Congress.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Copyright Office of the
Library of Congress is proposing
regulations for the delivery and format
of records of use of sound recordings
under two statutory licenses of the
Copyright Act.
DATES: Comments are due no later than
May 27, 2005.
ADDRESSES: If hand delivered by a
private party, an original and ten copies
of any comment should be brought to
Room LM–401 of the James Madison
Memorial Building between 8:30 a.m.
and 5 p.m. and the envelope should be
addressed as follows: Copyright Office
General Counsel, U.S. Copyright Office,
James Madison Memorial Building,
Room LM–401, 101 Independence
Avenue, SE., Washington, DC 20559–
6000. If hand delivered by a commercial
courier, an original and ten copies of
any comment must be delivered to the
Congressional Courier Acceptance Site
located at Second and D Streets, NE.,
Washington, DC, between 8:30 a.m. and
4 p.m. The envelope should be
addressed as follows: Copyright Office
General Counsel, Room LM–403, James
Madison Memorial Building, 101
Independence Avenue, SE.,
Washington, DC. If sent by mail
(including overnight delivery using U.S.
Postal Service Express Mail), an original
and ten copies of any comment should
be addressed to: Copyright Arbitration
Royalty Panel (CARP), P.O. Box 70977,
Southwest Station, Washington, DC
20024–0977. Comments may not be
delivered by means of overnight
E:\FR\FM\27APP1.SGM
27APP1
Agencies
[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Proposed Rules]
[Pages 21702-21704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8351]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Charleston 05-036]
RIN 1625-AA00
Safety Zone; Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes a temporary safety zone on the waters
of the Wando River, Cooper River, and Charleston Harbor from Hobcaw
Yacht Club to Charleston Harbor Marina and from the coast of Mount
Pleasant to 150 yards offshore during the Lowcountry Splash swimming
event. A temporary safety zone is necessary to prevent commercial or
recreational boating traffic from transiting the racecourse. This
temporary safety zone will allow the swimmers to safely participate in
the event without interfering with vessel traffic.
DATES: Comments and related material must reach the Coast Guard on or
before May 9, 2005.
ADDRESSES: You may mail comments and related material to Marine Safety
Office Charleston, 196 Tradd St., Charleston, SC 29401. The Marine
Safety Office maintains the public docket for this rulemaking. Comments
and material received from the public,
[[Page 21703]]
as well as documents indicated in this preamble as being available in
the docket, will become part of this docket and will be available for
inspection or copying at The Marine Safety Office Charleston between 8
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Matthew Meskun, U.S. Coast Guard
Marine Safety Office Charleston, South Carolina, at (843) 720-3240.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (COTP
Charleston 05-036), indicate the specific section of this document to
which each comment applies, and give the reason for each comment.
Please submit all comments and related material in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know they reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
If, as we anticipate, we make this temporary final rule effective
less than 30 days after publication in the Federal Register, we will
explain in that publication, as required by 5 U.S.C. (d)(3), our good
cause for doing so.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to The Marine Safety Office Charleston
at the address under ADDRESSES explaining why one would be beneficial.
If we determine that one would aid this rulemaking, we will hold one at
a time and place announced by a later notice in the Federal Register.
Background and Purpose
This regulation is needed to provide for the safety of life on
navigable waters because of the inherent dangers associated with an
open-water swimming event on a highly utilized body of water. The event
will take place from 7 a.m. until 11 a.m. on May 21, 2005. The event
sponsor will provide 30-40 kayaks to keep swimmers on course and assist
the Coast Guard in patrolling the area. This rule creates an area that
will prohibit non-participant vessels from entering the regulated area
during the event without the permission of the Coast Guard Patrol
Commander.
Discussion of Proposed Rule
This Coast Guard Captain of the Port Charleston, South Carolina,
proposes to establish a temporary safety zone in order to provide a
safe area for this swimming event. The event will take place from 7
a.m. until 11 a.m. on May 21, 2005. The safety zone will have patrol
vessels to enforce the zone and the event sponsor will provide 30 to 40
kayaks in order to assist the swimmers and ensure they are staying
within the designated areas. The safety zone is necessary to protect
the swimmers from the dangers of vessel traffic in the vicinity of the
race. Marine Safety Office Charleston will notify the maritime
community when the safety zone is in effect via a broadcast notice to
mariners on VHF Marine Band Radio, Channel 16 (156.8 MHz), or by actual
notice from on-scene security assets enforcing the zone.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary, because the safety zone will only
be in effect for a limited time and for a limited area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule will not have a significant economic impact on a substantial
number of small entities. This proposed rule will affect the following
entities, some of which may be small entities: The owners or operators
of vessels intending to transit or anchor in a portion of the Wando
River, Cooper River, and Charleston Harbor from 7 a.m. to 11 a.m., May
21, 2005. This proposed rule would not have a significant economic
impact on a substantial number of small entities, because the rule will
only be in effect for a limited time and for a limited area. Vessel
traffic will be able to transit the waterway around the safety zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding this proposed rule so that they could better
evaluate its effects on them and participate in the rulemaking process.
Small entities may contact the person listed under FOR FURTHER
INFORMATION CONTACT for assistance in understanding and participating
in this rulemaking. The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
[[Page 21704]]
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. Under figure 2-1, paragraph (34)(g), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add new temporary Sec. 165.T07-036 to read as follows:
Sec. 165.T07-036 Safety Zone; Charleston, SC.
(a) Regulated Area. The Coast Guard is establishing a temporary
safety zone on the waters of the Wando River, Cooper River, and
Charleston Harbor from the Hobcaw Yacht Club to the Charleston Harbor
Marina and from the coast of Mount Pleasant to 150 yards offshore.
(b) Regulations. In accordance with the general regulations in
165.23 of this part, anchoring, mooring or transiting the Regulated
Area is prohibited unless authorized by the Coast Guard Captain of the
Port or Coast Guard Patrol Commander.
(c) Effective Date. This rule is effective from 7 a.m. until 11
a.m. on May 21, 2005.
Dated: April 18, 2005.
D.W. Murk,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port,
Charleston, South Carolina.
[FR Doc. 05-8351 Filed 4-26-05; 8:45 am]
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