Safety Zones; Sector New Orleans; Barges, 55252-55254 [05-18966]
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55252
Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations
prior to issuance. This is because the
effective date of the changes to these
statutes was October 28, 2004. The rule
changes the regulation to conform to the
new statutory entitlement. Based on
these statutory requirements, the
Assistant Secretary of Defense (Health
Affairs) has determined that following
the standard practice in this case would
be unnecessary, impractical and
contrary to the public interest. Public
comments are invited. All comments
will be carefully considered. A
discussion of the major issues received
by public comments will be included
with the issuance of the final rule.
Paperwork Reduction Act
This rule will not impose additional
information collection requirements on
the public under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3511).
List of Subjects in 32 CFR Part 199
Claims, Dental Program, Dental
Health, Health care, Health insurance,
Military personnel.
I For the reasons set out in the
preamble, the Department of Defense
amends 32 CFR part 199 as follows:
PART 199—[AMENDED]
1. The authority citation for Part 199
continues to read as follows:
I
Authority: 5 U.S.C. 301; 10 U.S.C. chapter
55.
2. Section 199.13 is amended by
revising paragraphs (a)(2)(iii),
(c)(2)(i)(a)(2) and (c)(3)(ii)(E)(2), and
adding paragraphs (a)(2)(iv) and (i) to
read as follows:
I
§ 199.13
TRICARE Dental Program.
(a) * * *
(2) * * *
(iii) Exclusion of benefit services
performed in military dental care
facilities. Except for emergency
treatment, dental care provided outside
the United States, services incidental to
noncovered services, and services
provided under paragraph (a)(2)(iv),
dependents of active duty, Selected
Reserve and Individual Ready Reserve
members enrolled in the TDP may not
obtain those services that are benefits of
the TDP in military dental care
facilities, as long as those covered
benefits are available for cost-sharing
under the TDP. Enrolled dependents of
active duty, Selected Reserve and
Individual Ready Reserve members may
continue to obtain noncovered services
from military dental care facilities
subject to the provisions for space
available care.
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14:27 Sep 20, 2005
Jkt 205001
(iv) Exception to the exclusion of
services performed in military dental
care facilities.
(A) Dependents who are 12 years of
age or younger and are covered by a
dental plan established under this
section may be treated by postgraduate
dental residents in a dental treatment
facility of the uniformed services under
a graduate dental education program
accredited by the American Dental
Association if
(1) Treatment of pediatric dental
patients is necessary in order to satisfy
an accreditation standard of the
American Dental Association that is
applicable to such program, or training
in pediatric dental care is necessary for
the residents to be professionally
qualified to provide dental care for
dependent children accompanying
members of the uniformed services
outside the United States; and
(2) The number of pediatric patients
at such facility is insufficient to support
satisfaction of the accreditation or
professional requirements in pediatric
dental care that apply to such programs
or students.
(B) The total number of dependents
treated in all facilities of the uniformed
services under paragraph (a)(2)(iv) in a
fiscal year may not exceed 2,000.
*
*
*
*
*
(c) * * *
(2) * * *
(i) * * *
(A) * * *
(2) Child. To be eligible, the child
must be unmarried and meet one of the
requirements set forth in section
199.3(b)(2)(ii)(A)–(F) or
199.3(b)(2)(ii)(H).
*
*
*
*
*
(c) * * *
(3) * * *
(ii) * * *
(E) * * *
(2) Continuation of eligibility. Eligible
dependents of active duty members
while on active duty for a period of
more than 30 days and eligible
dependents of members of the Ready
Reserve (i.e., Selected Reserve or
Individual Ready Reserve, as specified
in 10 U.S.C. 10143 and 10144(b)
respectively), shall be eligible for
continued enrollment in the TDP for up
to three (3) years from the date of the
member’s death, if, on the date of the
death of the member, the dependent is
enrolled in the TDP, or is not enrolled
by reason of discontinuance of a former
enrollment under paragraphs
(e)(3)(ii)(E)(4)(ii) and (c)(3)(ii)(E)(4)(iii)
of this section, or is not enrolled
because the dependent was under the
minimum age for enrollment at the time
PO 00000
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of the member’s death. This continued
enrollment is not contingent on the
Selected Reserve or Individual Ready
Reserve member’s own enrollment in
the TDP. During the three-year period of
continuous enrollment, the government
will pay both the Government and the
beneficiary’s portion of the premium
share.
*
*
*
*
*
(i) Implementing Instructions. The
Director, TRICARE Management
Activity or designee may issue
TRICARE Dental Program policies,
standards, and criteria as may be
necessary to implement the intent of
this section.
*
*
*
*
*
Dated: September 14, 2005.
L.M. Bynum,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 05–18753 Filed 9–20–05; 8:45 am]
BILLING CODE 5001–06–M
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2005–22429]
RIN 1625–AA11
Safety Zones; Sector New Orleans;
Barges
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing safety zones on the
navigable waters of Sector New Orleans
surrounding barges that have sustained
damage requiring salvage operations
during Hurricane Katrina. This action is
necessary to provide for the safety of life
and property during salvage operations,
as well as to minimize effects on the
navigable waters of Sector New Orleans.
DATES: This rule is effective from
September 19, 2005 through December
31, 2005.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2005–22429 and are
available for inspection or copying at
the Docket Management Facility, U.S.
Department of Transportation, room PL–
401, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. You may also find this
E:\FR\FM\21SER1.SGM
21SER1
Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations
Regulatory Evaluation
docket on the Internet at https://
dms.dot.gov.
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 an NPRM. Publishing
a NPRM would be contrary to the public
interest, as there is an immediate need
to quickly and safely remove damaged
barges from the navigable waterways
within Sector New Orleans.
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. This safety zone is needed
immediately, in order to re-establish
safe and efficient navigation within the
navigable waterways.
Background and Purpose
On August 29, 2005, Hurricane
Katrina struck the Gulf Coasts of
Louisiana, Mississippi, and Alabama,
causing severe damage throughout the
area. The severity of the damage is still
not fully known; however we are aware
of a large number of barges that have
been damaged and strewn throughout
the waterways within the boundaries of
Sector, New Orleans. Some of these
barges are directly interfering with
waterway traffic, while others present
environmental or safety hazards. It is
imperative that salvage operations begin
on these barges in an orderly and
efficient manner.
Discussion of Rule
This temporary rule establishes safety
zones around those barges located in the
waters within Sector New Orleans that
sustained damage during Hurricane
Katrina, when the damage was severe
enough to require salvage operations.
This temporary rule regulates salvage
operations within those zones. It
requires that a salvage plan be
submitted to the COTP prior to
beginning salvage operations on any
Coast Guard inspected barge, as well as
on any uninspected barge that is
currently affecting waterway traffic.
Additionally, for any barge requiring
salvage operations that will affect
waterway traffic, a salvage plan must be
submitted to the COTP New Orleans for
approval.
For those uninspected barges that are
not affecting the navigation channel or
vessel traffic, this temporary final rule
requires that the COTP be notified when
salvage operations begin and end, even
though a salvage plan is not required.
VerDate Aug<31>2005
14:27 Sep 20, 2005
Jkt 205001
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 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 rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. This is because the
Coast Guard will allow barge owners
and operators to salvage damaged
barges. The Coast Guard is requiring the
submission of salvage plans in order to
ensure that these operations proceed
smoothly, without having a detrimental
effect on the navigable waterways
within Sector New Orleans.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have 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.
This rule does not require a general
notice of proposed rulemaking and,
therefore, is exempt from the
requirements of the Regulatory
Flexibility Act.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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).
PO 00000
Frm 00029
Fmt 4700
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55253
Collection of Information
The Office of Management and Budget
has exempted this rule from the
requirements of the Paperwork
Reduction Act due to the emergency
nature of the rule.
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 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.
The Act does not require an assessment
in the case of a rule issued without prior
notice and public comment.
Nevertheless, the Coast Guard does not
expect this rule to result in such an
expenditure. We discuss this rule’s
effects 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
E:\FR\FM\21SER1.SGM
21SER1
55254
Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations
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
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.
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.
I 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
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.
2. Add temporary § 165.T08–999 to
read as follows:
I
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.
§ 165.T08–999
Orleans.
(a) Location. The following areas are
safety zones:
(1) A 25-yard radius surrounding all
damaged barges located in navigable
waters within Sector New Orleans.
(b) Definitions.
(1) The Captain of the Port New
Orleans means the Commander, Coast
Guard Sector New Orleans.
(2) Damaged barge means a barge
requiring salvage operations.
(c) Regulations.
(1) Salvage operations may not begin
on any Coast Guard inspected barge
located within a safety zone established
by paragraph (a) of this section until the
Captain of the Port New Orleans, or his
designee, has approved a salvage plan
for that barge.
(2) Salvage operations may not begin
on any uninspected barge located
within a safety zone established by
paragraph (a) of this section that is
affecting waterway traffic until the
Captain of the Port New Orleans, or his
designee, has approved a salvage plan
for that barge.
(3) The Captain of the Port New
Orleans, or his designee, must approve
a salvage plan for any barge located
within a safety zone established by
paragraph (a) of this section when
salvage operations on that barge will
affect waterway traffic.
(4) The salvage plan shall provide the
information contained in the
Brownwater Salvage Checklist. To
receive the checklist, contact the Coast
Guard Incident Command Post (ICP) in
Alexandria, Virginia:
(i) Via phone at: (318) 443–2084, (318)
448–5351, or (318) 443–0651;
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
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. This rule establishes a
safety zone.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ are available
VerDate Aug<31>2005
14:27 Sep 20, 2005
Jkt 205001
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Frm 00030
Safety zones; Sector New
Fmt 4700
Sfmt 4700
(ii) Via fax at: (318) 443–2573; or
(iii) Via e-mail at:
secnolasalvage@yahoo.com.
(5) The Captain of the Port New
Orleans, or his designee, must be
notified when salvage operations
commence and are completed on
uninspected barges located within a
safety zone established by paragraph (a)
of this section but not affecting the
navigation channel or vessel traffic.
(d) The salvage plan required in
paragraph (c) above should be faxed to
Coast Guard Incident Command Post
(ICP) in Alexandria, LA at (318) 443–
2573, Attention: Salvage Group. You
may contact the Salvage Operations
Department at the ICP at (318) 443–
2084, (318) 448–5351, or (318) 443–0651
for more information.
(e) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State and local agencies.
(f) Effective period. This section is
effective from September 19, 2005
through December 31, 2005.
Dated: September 19, 2005.
Steve Venckus,
Chief, Office of Regulations & Administrative
Law, Office of the Judge Advocate General,
United States Coast Guard.
[FR Doc. 05–18966 Filed 9–19–05; 1:18 pm]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 174
[OPP–2005–0211; FRL–7735–4]
Bacillus Thuringiensis Cry34Ab1 and
Cry35Ab1 Proteins and the Genetic
Material Necessary for Their
Production in Corn; Exemption from
the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This regulation establishes an
exemption from the requirement of a
tolerance for residues of the Bacillus
thuringiensis Cry34Ab1 and Cry35Ab1
proteins and the genetic material
necessary for their production in corn
on corn, field; corn, sweet; and corn,
pop when applied/used as a plant–
incorporated protectant. Mycogen Seeds
c/o Dow AgroSciences LLC submitted a
petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA), as
amended by the Food Quality Protection
Act of 1996 (FQPA), requesting an
exemption from the requirement of a
tolerance. This regulation eliminates the
E:\FR\FM\21SER1.SGM
21SER1
]]>Agencies
[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Rules and Regulations]
[Pages 55252-55254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18966]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2005-22429]
RIN 1625-AA11
Safety Zones; Sector New Orleans; Barges
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing safety zones on the navigable
waters of Sector New Orleans surrounding barges that have sustained
damage requiring salvage operations during Hurricane Katrina. This
action is necessary to provide for the safety of life and property
during salvage operations, as well as to minimize effects on the
navigable waters of Sector New Orleans.
DATES: This rule is effective from September 19, 2005 through December
31, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2005-22429 and are available for inspection or
copying at the Docket Management Facility, U.S. Department of
Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. You may also find this
[[Page 55253]]
docket on the Internet at https://dms.dot.gov.
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 an NPRM. Publishing a NPRM would be
contrary to the public interest, as there is an immediate need to
quickly and safely remove damaged barges from the navigable waterways
within Sector New Orleans.
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. This safety zone is needed
immediately, in order to re-establish safe and efficient navigation
within the navigable waterways.
Background and Purpose
On August 29, 2005, Hurricane Katrina struck the Gulf Coasts of
Louisiana, Mississippi, and Alabama, causing severe damage throughout
the area. The severity of the damage is still not fully known; however
we are aware of a large number of barges that have been damaged and
strewn throughout the waterways within the boundaries of Sector, New
Orleans. Some of these barges are directly interfering with waterway
traffic, while others present environmental or safety hazards. It is
imperative that salvage operations begin on these barges in an orderly
and efficient manner.
Discussion of Rule
This temporary rule establishes safety zones around those barges
located in the waters within Sector New Orleans that sustained damage
during Hurricane Katrina, when the damage was severe enough to require
salvage operations. This temporary rule regulates salvage operations
within those zones. It requires that a salvage plan be submitted to the
COTP prior to beginning salvage operations on any Coast Guard inspected
barge, as well as on any uninspected barge that is currently affecting
waterway traffic. Additionally, for any barge requiring salvage
operations that will affect waterway traffic, a salvage plan must be
submitted to the COTP New Orleans for approval.
For those uninspected barges that are not affecting the navigation
channel or vessel traffic, this temporary final rule requires that the
COTP be notified when salvage operations begin and end, even though a
salvage plan is not required.
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 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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. This is because the Coast Guard will allow barge
owners and operators to salvage damaged barges. The Coast Guard is
requiring the submission of salvage plans in order to ensure that these
operations proceed smoothly, without having a detrimental effect on the
navigable waterways within Sector New Orleans.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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.
This rule does not require a general notice of proposed rulemaking
and, therefore, is exempt from the requirements of the Regulatory
Flexibility Act.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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
The Office of Management and Budget has exempted this rule from the
requirements of the Paperwork Reduction Act due to the emergency nature
of the rule.
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 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. The Act does not require an assessment in the case of a rule
issued without prior notice and public comment. Nevertheless, the Coast
Guard does not expect this rule to result in such an expenditure. We
discuss this rule's effects 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
[[Page 55254]]
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 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 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 M16475.1D,
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. This rule establishes 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.
0
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
0
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.
0
2. Add temporary Sec. 165.T08-999 to read as follows:
Sec. 165.T08-999 Safety zones; Sector New Orleans.
(a) Location. The following areas are safety zones:
(1) A 25-yard radius surrounding all damaged barges located in
navigable waters within Sector New Orleans.
(b) Definitions.
(1) The Captain of the Port New Orleans means the Commander, Coast
Guard Sector New Orleans.
(2) Damaged barge means a barge requiring salvage operations.
(c) Regulations.
(1) Salvage operations may not begin on any Coast Guard inspected
barge located within a safety zone established by paragraph (a) of this
section until the Captain of the Port New Orleans, or his designee, has
approved a salvage plan for that barge.
(2) Salvage operations may not begin on any uninspected barge
located within a safety zone established by paragraph (a) of this
section that is affecting waterway traffic until the Captain of the
Port New Orleans, or his designee, has approved a salvage plan for that
barge.
(3) The Captain of the Port New Orleans, or his designee, must
approve a salvage plan for any barge located within a safety zone
established by paragraph (a) of this section when salvage operations on
that barge will affect waterway traffic.
(4) The salvage plan shall provide the information contained in the
Brownwater Salvage Checklist. To receive the checklist, contact the
Coast Guard Incident Command Post (ICP) in Alexandria, Virginia:
(i) Via phone at: (318) 443-2084, (318) 448-5351, or (318) 443-
0651;
(ii) Via fax at: (318) 443-2573; or
(iii) Via e-mail at: secnolasalvage@yahoo.com.
(5) The Captain of the Port New Orleans, or his designee, must be
notified when salvage operations commence and are completed on
uninspected barges located within a safety zone established by
paragraph (a) of this section but not affecting the navigation channel
or vessel traffic.
(d) The salvage plan required in paragraph (c) above should be
faxed to Coast Guard Incident Command Post (ICP) in Alexandria, LA at
(318) 443-2573, Attention: Salvage Group. You may contact the Salvage
Operations Department at the ICP at (318) 443-2084, (318) 448-5351, or
(318) 443-0651 for more information.
(e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State and local agencies.
(f) Effective period. This section is effective from September 19,
2005 through December 31, 2005.
Dated: September 19, 2005.
Steve Venckus,
Chief, Office of Regulations & Administrative Law, Office of the Judge
Advocate General, United States Coast Guard.
[FR Doc. 05-18966 Filed 9-19-05; 1:18 pm]
BILLING CODE 4910-15-P
