Safety Zone; Sisters Creek, Jacksonville, FL, 42489-42491 [05-14589]
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Federal Register / Vol. 70, No. 141 / Monday, July 25, 2005 / Rules and Regulations
amendments also include changes in the
title of the Board official to whom
requests for consolidation of employer
records should be addressed.
Both the Regulatory Flexibility Act
and the Unfunded Mandates Act of 1995
define ‘‘agency’’ by referencing the
definition of ‘‘agency’’ contained in 5
U.S.C. 551(1). Section 551(1)(E)
excludes from the term ‘‘agency’’ an
agency that is composed of
representatives of the parties or of
representatives of organizations of the
parties to the disputes determined by
them. The Railroad Retirement Board
falls within this exclusion (45 U.S.C.
231f(a)) and is therefore exempt from
the Regulatory Flexibility Act and the
Unfunded Mandates Act.
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a rule
that imposes substantial direct
compliance costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
We have reviewed this final rule under
the threshold criteria of Executive Order
13132 and have determined that it
would not have a substantial direct
effect on the rights, roles, and
responsibilities of States or local
governments.
The Board published the proposed
rule on June 14, 2004 (69 FR 32927),
and invited comments by August 13,
2004. No comments were received.
Accordingly, the proposed rule is being
published as a final rule without
change.
List of Subjects in 20 CFR Part 345
Electronic filing, Paperwork
elimination, Railroad unemployment
insurance, Reporting and recordkeeping
requirements.
For the reasons set out in the preamble,
the Railroad Retirement Board amends
title 20, chapter II, part 345 of the Code
of Federal Regulations as follows:
I
PART 345—EMPLOYERS’
CONTRIBUTIONS AND
CONTRIBUTION REPORTS
1. The authority citation for part 345
continues to read as follows:
I
Authority: 45 U.S.C. 362(l).
2. Section 345.202 of subpart C is
revised to read as follows:
I
§ 345.202
Consolidated employer records.
(a) Establishing a consolidated
employer record. Two or more
employers that are under common
ownership or control may request the
Board to consolidate their individual
employer records into a joint individual
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14:59 Jul 22, 2005
Jkt 205001
employer record. Such joint individual
employer record shall be treated as
though it were a single employer record.
A request for such consolidation shall
be made to the Director of Assessment
and Training, and such consolidation
shall be effective commencing with the
calendar year following the year of the
request.
(b) Discontinuance of a consolidated
employer record. Two or more
employers that have established and
maintained a consolidated employer
record will be permitted to discontinue
such consolidated record only if the
individual employers agree to an
allocation of the consolidated employer
record and such allocation is approved
by the Director of Assessment and
Training. The discontinuance of the
consolidated record shall be effective
commencing with the calendar year
following the year of the Director of
Assessment and Training’s approval.
I 3. Section 345.203 of subpart C is
revised to read as follows:
§ 345.203 Merger or combination of
employers.
In the event of a merger or
combination of two or more employers,
or an employer and non-employer, the
individual employer record of the
employer surviving the merger (or any
person that becomes an employer as the
result of the merger or combination)
shall consist of the combination of the
individual employer records of the
entities participating in the merger.
Where the person surviving the merger
is an existing employer under part 202
of this chapter, the individual employer
record for the surviving employer will
not be updated to reflect the combined
record until the calendar year following
the year of the Board’s determination.
Where the entity surviving the merger
becomes an employer under part 202 of
this chapter by virtue of the merger, the
individual employer record shall consist
of the combined record effective with its
employer effective date.
I 4. Section 345.204(a) of subpart C is
revised to read as follows:
§ 345.204
Sale or transfer of assets.
(a) In the event property of an
employer is sold or transferred to
another employer (or to a person that
becomes an employer as the result of the
sale or transfer) or is partitioned among
two or more employers or persons, the
individual employer record of such
employer shall be prorated among the
employer or employers that receive the
property (including any person that
becomes an employer by reason of such
transaction or partition), in accordance
with any agreement among the
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42489
respective parties (including an
agreement that there shall be no
proration of the employer record). Such
agreement shall be subject to the
approval of the Board. Where the
employer acquiring the assets is an
existing employer under part 202 of this
chapter, that employer’s individual
employer record will take into
consideration the acquired assets no
earlier than the calendar year following
the year of the Board’s determination,
unless an agreement among the
respective parties provides otherwise.
Where the employer acquiring the assets
becomes an employer under part 202 of
this chapter by virtue of such
acquisition, the individual employer
record for such employer shall consider
the acquired assets as of such person’s
employer effective date, subject to any
agreement between the respective
parties and the provisions of paragraph
(b) of this section.
*
*
*
*
*
Dated: July 15, 2005.
By authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 05–14228 Filed 7–22–05; 8:45 am]
BILLING CODE 7905–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP Jacksonville 05–092]
RIN 1625–AA00
Safety Zone; Sisters Creek,
Jacksonville, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
around a fireworks launch site while it
launches fireworks. The safety zone
includes all waters within 500 yards in
any direction of the fireworks launch
site located at Sisters Creek Marina,
Jacksonville, Florida. The rule prohibits
entry into the safety zone without the
permission of the Captain of the Port
(COTP) Jacksonville or his designated
representative. The rule is needed to
protect participants, vendors, and
spectators from the hazards associated
with the launching of fireworks.
DATES: This rule is effective from 9 p.m.
on July 23, 2005, until 10 p.m. on July
23, 2005.
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25JYR1
42490
Federal Register / Vol. 70, No. 141 / Monday, July 25, 2005 / Rules and Regulations
Documents indicated in this
preamble as being available in the
docket are part of docket [COTP
Jacksonville 05–092] and are available
for inspection or copying at Coast Guard
Marine Safety Office Jacksonville, 7820
Arlington Expressway, Suite 400,
Jacksonville, Florida, 32211, between 8
a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Jamie Bigbie at Coast Guard
Marine Safety Office Jacksonville, FL,
telephone: (904) 232–2640, ext. 105.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing a NPRM. Publishing
a NPRM, which would incorporate a
comment period before a final rule
could be issued and delay the rule’s
effective date, is contrary to public
interest because immediate action is
necessary to protect the public and
waters of the United States from the
dangers associated with the launching
of fireworks.
For the same reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register. The
Coast Guard will issue a broadcast
notice to mariners and will place Coast
Guard vessels in the vicinity of this
zone to advise mariners of the
restriction.
Background and Purpose
This rule is needed to protect persons
and spectator craft in the vicinity of the
fireworks presentation from the hazards
associated with the storage, preparation
and launching of fireworks. Anchoring,
mooring, or transiting within this zone
is prohibited, unless authorized by the
Captain of the Port, Jacksonville, FL or
his designated representative.
Discussion of Rule
The temporary safety zone
encompasses all waters within 500
yards in any direction around the
fireworks launch site during the storage,
preparation and launching of fireworks.
During the fireworks show, the launch
site will be located at Sisters Creek
Marina.
Regulatory Evaluation
This 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
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14:59 Jul 22, 2005
Jkt 205001
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under the
order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS) because these regulations will
only be in effect for a short period of
time and the impact on navigation is
expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we considered
whether this 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 rule will not have
a significant economic impact upon a
substantial number of small entities
because the regulations will only be in
effect for a short period of time and the
impact on routine navigation is
expected to be minimal.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process. If
the rule will affect your small business,
organization, or government jurisdiction
and you have questions concerning its
provisions or options for compliance,
please contact the person listed under
FOR FURTHER INFORMATION CONTACT for
assistance in understanding this rule.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
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 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 my 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 rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This 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 rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Collection of Information
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
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E:\FR\FM\25JYR1.SGM
25JYR1
Federal Register / Vol. 70, No. 141 / Monday, July 25, 2005 / Rules and Regulations
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 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 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 because this is a safety
zone. A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES.
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 amends 33
CFR part 165, as follows:
I
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14:59 Jul 22, 2005
Jkt 205001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
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.
I 2. A new temporary § 165.T07–092 is
added to read as follows:
§ 165.T07–092 Safety Zone, Sisters Creek,
Jacksonville, FL.
(a) Regulated area. The Coast Guard is
establishing a temporary safety zone
around a firework launch site at Sisters
Creek Marina, Jacksonville, Florida
located at 30°23.87′ N, 081°27.46′ W.
The regulated area includes all waters
within 500 yards in any direction from
the fireworks launch site located at
Sisters Creek Marina.
(b) Definitions. The following
definitions apply to this section:
Designated representative means
Coast Guard Patrol Commanders
including Coast Guard coxswains, petty
officers and other officers operating
Coast Guard vessels, and federal, state,
and local officers designated by or
assisting the Captain of the Port (COTP),
Jacksonville, Florida, in the enforcement
of the regulated navigation areas and
security zones.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, anchoring, mooring or
transiting in the Regulated Area is
prohibited unless authorized by the
Coast Guard Captain of the Port
Jacksonville, FL or his designated
representative.
(d) Dates. This rule is effective from
9 p.m. on July 23, 2005, until 10 p.m.
on July 23, 2005.
Dated: July 13, 2005.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 05–14589 Filed 7–22–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD13–05–028]
RIN 1625–AA00
Safety Zone Regulations, New Tacoma
Narrows Bridge Construction Project
AGENCY:
PO 00000
Coast Guard, DHS.
Frm 00007
Fmt 4700
Sfmt 4700
ACTION:
42491
Temporary final rule.
SUMMARY: The Coast Guard is
establishing a temporary safety zone
during preconstruction for the Tacoma
Narrows Bridge construction project.
The Coast Guard is taking this action to
safeguard the public from hazards
associated with the transport and
construction of the cable wires and
cable bands being used to construct the
catwalk for the new bridge. Entry into
this zone is prohibited unless
authorized by the Captain of the Port,
Puget Sound or his designated
representatives.
This rule is effective daily 5 a.m.
to 9 p.m., Pacific Daylight Time, from
July 19 to July 30, 2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD13–05–
028 and are available for inspection or
copying at the Waterways Management
Division, Coast Guard Sector Seattle,
1519 Alaskan Way South, Seattle, WA,
98134, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Jessica Hagen,
Waterways Management Division, Coast
Guard Sector Seattle, at (206) 217–6958.
SUPPLEMENTARY INFORMATION:
DATES:
Background and Purpose
Pursuant to 5 U.S.C. 553, a notice of
proposed rulemaking (NPRM) has not
been published for this regulation and
good cause exists for making it effective
without publication of an NPRM in the
Federal Register. Publishing a NPRM
would be contrary to public interest
since immediate action is necessary to
ensure the safety of vessels and persons
that transit in the vicinity of the Tacoma
Narrows Bridge. If normal notice and
comment procedures were followed,
this rule would not become effective
until after the date of the event.
Discussion of Rule
The Coast Guard is adopting a
temporary safety zone regulation on the
waters of Tacoma Narrows, Washington,
for the Tacoma Narrows Bridge
construction project. The Coast Guard
has determined it is necessary to limit
access to 250 yards on either side of a
line from the approximate position of
47°16′23″ N, 122°33′25″ W, the Gig
Harbor shoreline in the vicinity of Point
Evans, to 47°16′15″ N, 122°33′15″ W in
order to safeguard people and property
from hazards associated with this
project. These safety hazards include,
but are not limited to, hazards to
navigation, collisions with the cables,
E:\FR\FM\25JYR1.SGM
25JYR1
]]>Agencies
[Federal Register Volume 70, Number 141 (Monday, July 25, 2005)]
[Rules and Regulations]
[Pages 42489-42491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14589]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Jacksonville 05-092]
RIN 1625-AA00
Safety Zone; Sisters Creek, Jacksonville, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone around
a fireworks launch site while it launches fireworks. The safety zone
includes all waters within 500 yards in any direction of the fireworks
launch site located at Sisters Creek Marina, Jacksonville, Florida. The
rule prohibits entry into the safety zone without the permission of the
Captain of the Port (COTP) Jacksonville or his designated
representative. The rule is needed to protect participants, vendors,
and spectators from the hazards associated with the launching of
fireworks.
DATES: This rule is effective from 9 p.m. on July 23, 2005, until 10
p.m. on July 23, 2005.
[[Page 42490]]
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Jacksonville 05-092] and are
available for inspection or copying at Coast Guard Marine Safety Office
Jacksonville, 7820 Arlington Expressway, Suite 400, Jacksonville,
Florida, 32211, between 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Jamie Bigbie at Coast Guard
Marine Safety Office Jacksonville, FL, telephone: (904) 232-2640, ext.
105.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM. Publishing a NPRM, which would
incorporate a comment period before a final rule could be issued and
delay the rule's effective date, is contrary to public interest because
immediate action is necessary to protect the public and waters of the
United States from the dangers associated with the launching of
fireworks.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. The Coast Guard will
issue a broadcast notice to mariners and will place Coast Guard vessels
in the vicinity of this zone to advise mariners of the restriction.
Background and Purpose
This rule is needed to protect persons and spectator craft in the
vicinity of the fireworks presentation from the hazards associated with
the storage, preparation and launching of fireworks. Anchoring,
mooring, or transiting within this zone is prohibited, unless
authorized by the Captain of the Port, Jacksonville, FL or his
designated representative.
Discussion of Rule
The temporary safety zone encompasses all waters within 500 yards
in any direction around the fireworks launch site during the storage,
preparation and launching of fireworks. During the fireworks show, the
launch site will be located at Sisters Creek Marina.
Regulatory Evaluation
This 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 the order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS) because these regulations will only be in effect for a
short period of time and the impact on navigation is expected to be
minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this 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 rule will
not have a significant economic impact upon a substantial number of
small entities because the regulations will only be in effect for a
short period of time and the impact on routine navigation is expected
to be minimal.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If the rule
will affect your small business, organization, or government
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls 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 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 my
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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 rule under Executive Order 13211, Actions
Concerning Regulations That
[[Page 42491]]
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 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 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 because this is a safety zone. A final ``Environmental
Analysis Check List'' and a final ``Categorical Exclusion
Determination'' are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165, as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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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.
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2. A new temporary Sec. 165.T07-092 is added to read as follows:
Sec. 165.T07-092 Safety Zone, Sisters Creek, Jacksonville, FL.
(a) Regulated area. The Coast Guard is establishing a temporary
safety zone around a firework launch site at Sisters Creek Marina,
Jacksonville, Florida located at 30[deg]23.87[min] N,
081[deg]27.46[min] W. The regulated area includes all waters within 500
yards in any direction from the fireworks launch site located at
Sisters Creek Marina.
(b) Definitions. The following definitions apply to this section:
Designated representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the Captain of the Port (COTP),
Jacksonville, Florida, in the enforcement of the regulated navigation
areas and security zones.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, anchoring, mooring or transiting in the
Regulated Area is prohibited unless authorized by the Coast Guard
Captain of the Port Jacksonville, FL or his designated representative.
(d) Dates. This rule is effective from 9 p.m. on July 23, 2005,
until 10 p.m. on July 23, 2005.
Dated: July 13, 2005.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 05-14589 Filed 7-22-05; 8:45 am]
BILLING CODE 4910-15-P
