Safety Zone Regulations, Downed Aircraft, Browns Bay, WA, 58608-58610 [05-20342]
Download as PDF
58608
Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, ‘‘Environmental
Impacts: Policies and Procedures.’’ This
airspace action is not expected to cause
any potentially significant
environmental impacts, and no
extraordinary circumstances exist that
warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted
areas.
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 73, as follows:
I
PART 73—SPECIAL USE AIRSPACE
1. The authority citation for part 73
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 73.23
2. Section 73.23 is amended as
follows:
*
*
*
*
*
I
R–3101 PMRFAC Four, HI
[Amended]
By removing the words ‘‘Controlling
agency. FAA, Honolulu CERAP.’’ and
inserting the words ‘‘Controlling agency.
FAA, Honolulu Control Facility.’’
*
*
*
*
*
13:00 Oct 06, 2005
Jkt 208001
DEPARTMENT OF HOMELAND
SECURITY
R–3107 Kaula Rock, HI [Amended]
By removing the words ‘‘Controlling
agency. FAA, Honolulu CERAP.’’ and
inserting the words ‘‘Controlling agency.
FAA, Honolulu Control Facility.’’
*
*
*
*
*
[CGD13–05–037]
R–3109A Schofield-Makua, Oahu, HI
[Amended]
By removing the words ‘‘Controlling
agency. FAA, Honolulu ATCT.’’ and
inserting the words ‘‘Controlling agency.
FAA, Honolulu Control Facility.’’
*
*
*
*
*
R–3109B Schofield-Makua, Oahu, HI
[Amended]
By removing the words ‘‘Controlling
agency. FAA, Honolulu ATCT.’’ and
inserting the words ‘‘Controlling agency.
FAA, Honolulu Control Facility.’’
*
*
*
*
*
R–3109C Schofield-Makua, Oahu, HI
[Amended]
By removing the words ‘‘Controlling
agency. FAA, Honolulu ATCT.’’ and
inserting the words ‘‘Controlling agency.
FAA, Honolulu Control Facility.’’
*
*
*
*
*
R–3110A Schofield-Makua, Oahu, HI
[Amended]
By removing the words ‘‘Controlling
agency. FAA, Honolulu ATCT.’’ and
inserting the words ‘‘Controlling agency.
FAA, Honolulu Control Facility.’’
*
*
*
*
*
R–3110B Schofield-Makua, Oahu, HI
[Amended]
By removing the words ‘‘Controlling
agency. FAA, Honolulu ATCT.’’ and
inserting the words ‘‘Controlling agency.
FAA, Honolulu Control Facility.’’
*
*
*
*
*
R–3110C Schofield-Makua, Oahu, HI
[Amended]
By removing the words ‘‘Controlling
agency. FAA, Honolulu ATCT.’’ and
inserting the words ‘‘Controlling agency.
FAA, Honolulu Control Facility.’’
*
*
*
*
*
[Amended]
VerDate Aug<31>2005
R–3103 Humuula, HI [Amended]
By removing the words ‘‘Controlling
agency. FAA, Honolulu CERAP.’’ and
inserting the words ‘‘Controlling agency.
FAA, Honolulu Control Facility.’’
*
*
*
*
*
Issued in Washington, DC, on October 3,
2005.
Edith V Parish,
Acting Manager, Airspace and Rules.
[FR Doc. 05–20279 Filed 10–6–05; 8:45 am]
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Coast Guard
33 CFR Part 165
RIN 1625–AA00
Safety Zone Regulations, Downed
Aircraft, Browns Bay, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the waters of Puget Sound around the
body and debris of a helicopter. The
Coast Guard is establishing this zone to
ensure unencumbered access for
rescuers and investigators, and protect
the public from numerous dangers
associated with recovery of this
submerged aircraft. Entry into this zone
is prohibited unless authorized by the
Captain of the Port, Puget Sound or his
designated representatives.
DATES: This rule is effective from 4 p.m.
(PDT) October 3, 2005 until 8 a.m. (PDT)
October 17, 2005 unless sooner
cancelled by the Captain of the Port.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD13–05–
037 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 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
LTJG Jes Hagen, c/o Captain of the Port
Puget Sound, 1519 Alaskan Way South,
Seattle, Washington 98134, (206) 217–
6040.
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) and
5 U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for not publishing
an NPRM and for making this rule
effective less than 30 days after
publication 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 submerged helicopter in
Browns Bay, WA. If normal notice and
comment procedures were followed,
this rule would not become effective
until after the date of the event.
E:\FR\FM\07OCR1.SGM
07OCR1
Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations
Background and Purpose
Small Entities
The Coast Guard is establishing a
temporary safety zone to allow for the
safe recovery of a downed helicopter
submerged in the waters of Puget
Sound. The Coast Guard is establishing
this zone to ensure unencumbered
access for rescuers and investigators,
and protect the public from numerous
dangers associated with recovery of this
submerged aircraft. The safety zone is
needed to protect watercraft and their
occupants from safety hazards
associated with the recovery efforts.
Under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.), we considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ include 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 will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit this portion
of Browns Bay during the time this
regulation is in effect. The zone will not
have a significant economic impact due
to its short duration and small area.
Because the impacts of this rule are
expected to be so minimal, the Coast
Guard certifies under 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) that this temporary rule will not
have a significant economic impact on
a substantial number of small entities.
Discussion of Rule
This rule, for safety concerns, will
control vessels, personnel and
individual movements in a safety zone
surrounding the recovery operations
indicated in section 2 of this Temporary
Final Rule. The safety zone includes all
waters with a radius of 1 nautical mile
from the point at 47 degrees, 51.0
minutes North, 122 degrees, 21.0
minutes West [datum: NAD 1983],
approximately three nautical miles
northeast of Edwards Point, Edmonds,
WA, where a submerged helicopter, tail
number A–109, is located. The safety
zone does not extend on land.
The Coast Guard, through this action,
intends to promote the safety of
personnel, vessels, and facilities in the
area. Entry into this zone will be
prohibited unless authorized by the
Captain of the Port. This safety zone
will be enforced by Coast Guard
personnel. The Captain of the Port may
be assisted by other Federal, State, or
local agencies.
Regulatory Evaluation
This temporary rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866
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 temporary rule to be so minimal
that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory
policies and procedures of DHS is
unnecessary. This expectation is based
on the fact that the regulated area
established by the regulation would
encompass a small area that should not
significantly impact commercial or
recreational traffic. For the above
reasons, the Coast Guard does not
anticipate any significant economic
impact.
VerDate Aug<31>2005
13:00 Oct 06, 2005
Jkt 208001
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 this rule so that they can
better evaluate its effects on them and
participate in the rulemaking. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the (FOR FURTHER INFORMATION
CONTACT) section. 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 temporary rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
Federalism
We have analyzed this temporary rule
under Executive Order 13132 and have
determined that this rule does not have
PO 00000
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Fmt 4700
Sfmt 4700
58609
implications for federalism under that
Order.
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
State, local, or tribal government, in the
aggregate, or the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This temporary rule would 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 temporary 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 concern an environmental risk
to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the rights
of Native American Tribes under the
Stevens Treaties. Moreover, the Coast
Guard is committed to working with
Tribal Governments to implement local
policies to mitigate tribal concerns. We
have determined that these security
zones and fishing rights protection need
not be incompatible. We have also
determined that this Temporary Final
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.
Nevertheless, Indian Tribes that have
questions concerning the provisions of
this Temporary Final Rule or options for
E:\FR\FM\07OCR1.SGM
07OCR1
58610
Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations
List of Subjects in 33 CFR Part 165
compliance are encouraged to contact
the point of contact listed under FOR
FURTHER INFORMATION CONTACT.
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. It has not been designated by the
Administrator of the Office of
Information and Regulatory Affairs as a
significant energy action. Therefore, it
does not require a Statement of Energy
Effects under Executive Order 13211.
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. A final ‘‘Environmental
Analysis Check List’’ and a final
‘‘Categorical Exclusion Determination’’
will be available in the docket where
indicated under ADDRESSES.
13:00 Oct 06, 2005
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
Bureau of Land Management
For the reasons set out in the
preamble, the Coast Guard amends part
165 of title 33, Code of Federal
Regulations, as follows:
RIN 1004–AD76
I
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. From 4 p.m. (PDT) October 3, 2005
until 8 a.m. (PDT) October 17, 2005
unless sooner cancelled by the Captain
Of the Port, a temporary §165.T13–05–
017 is added to read as follows:
I
Technical Standards
VerDate Aug<31>2005
DEPARTMENT OF THE INTERIOR
Jkt 208001
§ 165.T13–05–017 Safety Zone: Downed
Aircraft, Browns Bay, Puget Sound, WA.
(a) Location. The following area is a
safety zone: The waters within a one
nautical mile radius of 47 degrees, 51.0
minutes North, 122 degrees, 21.0
minutes West [datum: NAD 1983],
approximately three nautical miles
northeast of Edwards Point, Edmonds,
Washington, where a submerged
helicopter, tail number A–109, is
located.
(b) Regulations. In accordance with
the general regulations in 33 CFR part
165, subpart C, no person or vessel may
enter or remain in this safety zone,
except for vessels involved in the
salvage and investigation operations,
supporting personnel, or other vessels
authorized by the Captain of the Port or
his designated representatives.
(c) Enforcement Period. From 4 p.m.
(PDT) October 3, 2005 until 8 a.m. (PDT)
October 17, 2005 unless sooner
cancelled by the Captain of the Port.
Dated: October 3, 2005.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 05–20342 Filed 10–5–05; 2:13 pm]
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43 CFR Part 3140
[WO–310–1310–PP–241A]
Leasing in Special Tar Sand Areas
Bureau of Land Management,
Department of the Interior.
ACTION: Interim final rule with request
for comments.
AGENCY:
SUMMARY: The Bureau of Land
Management (BLM or ‘‘we’’) is issuing
this interim final rule to amend
regulations for the leasing of
hydrocarbons, except coal, gilsonite and
oil shale, in special tar sand areas. In
this rule, BLM amends our regulations
to respond to provisions of the Energy
Policy Act of 2005 that allow separate
oil and gas leases and tar sand leases in
special tar sand areas, specify several oil
and gas leasing practices that apply to
tar sand leases, increase the maximum
size for combined hydrocarbon leases
and tar sand leases, and set the
minimum acceptable bid for tar sand
leases at $2.00 per acre. The law
requiring these changes also requires
that this rule be published as a final rule
within 45 days of enactment.
This is an interim final rule. Although
the rule is effective upon publication,
there is a 60-day comment period that
starts on the date of publication. After
the comment period, we will review the
comments and may issue a further final
rule making any necessary changes.
DATES: The interim final rule is effective
October 7, 2005.
Comments
You should submit your comments on
or before December 6, 2005. The BLM
will not necessarily consider any
comments received after the above date
during its decision-making on the
interim final rule.
ADDRESSES:
Comments
You may mail comments to Director
(630), Bureau of Land Management,
Eastern States Office, 7450 Boston
Boulevard, Springfield, Virginia 22153.
Hand delivery: 1620 L Street NW., Suite
401, Washington, DC 20036. For
information about filing comments
electronically, see the SUPPLEMENTARY
INFORMATION section under ‘‘Electronic
access and filing address.’’
FOR FURTHER INFORMATION CONTACT: Ron
Teseneer in the Solid Minerals Group at
(202) 452–5094. For assistance in
E:\FR\FM\07OCR1.SGM
07OCR1
Agencies
[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Rules and Regulations]
[Pages 58608-58610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20342]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-05-037]
RIN 1625-AA00
Safety Zone Regulations, Downed Aircraft, Browns Bay, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Puget Sound around the body and debris of a helicopter. The
Coast Guard is establishing this zone to ensure unencumbered access for
rescuers and investigators, and protect the public from numerous
dangers associated with recovery of this submerged aircraft. Entry into
this zone is prohibited unless authorized by the Captain of the Port,
Puget Sound or his designated representatives.
DATES: This rule is effective from 4 p.m. (PDT) October 3, 2005 until 8
a.m. (PDT) October 17, 2005 unless sooner cancelled by the Captain of
the Port.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD13-05-037 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 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Jes Hagen, c/o Captain of the
Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 98134,
(206) 217-6040.
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) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication 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 submerged
helicopter in Browns Bay, WA. If normal notice and comment procedures
were followed, this rule would not become effective until after the
date of the event.
[[Page 58609]]
Background and Purpose
The Coast Guard is establishing a temporary safety zone to allow
for the safe recovery of a downed helicopter submerged in the waters of
Puget Sound. The Coast Guard is establishing this zone to ensure
unencumbered access for rescuers and investigators, and protect the
public from numerous dangers associated with recovery of this submerged
aircraft. The safety zone is needed to protect watercraft and their
occupants from safety hazards associated with the recovery efforts.
Discussion of Rule
This rule, for safety concerns, will control vessels, personnel and
individual movements in a safety zone surrounding the recovery
operations indicated in section 2 of this Temporary Final Rule. The
safety zone includes all waters with a radius of 1 nautical mile from
the point at 47 degrees, 51.0 minutes North, 122 degrees, 21.0 minutes
West [datum: NAD 1983], approximately three nautical miles northeast of
Edwards Point, Edmonds, WA, where a submerged helicopter, tail number
A-109, is located. The safety zone does not extend on land.
The Coast Guard, through this action, intends to promote the safety
of personnel, vessels, and facilities in the area. Entry into this zone
will be prohibited unless authorized by the Captain of the Port. This
safety zone will be enforced by Coast Guard personnel. The Captain of
the Port may be assisted by other Federal, State, or local agencies.
Regulatory Evaluation
This temporary rule is not a ``significant regulatory action''
under section 3(f) of Executive Order 12866 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 temporary rule to be so
minimal that a full Regulatory Evaluation under paragraph 10(e) of the
regulatory policies and procedures of DHS is unnecessary. This
expectation is based on the fact that the regulated area established by
the regulation would encompass a small area that should not
significantly impact commercial or recreational traffic. For the above
reasons, the Coast Guard does not anticipate any significant economic
impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
include 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 will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
this portion of Browns Bay during the time this regulation is in
effect. The zone will not have a significant economic impact due to its
short duration and small area. Because the impacts of this rule are
expected to be so minimal, the Coast Guard certifies under 605(b) of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this
temporary rule will not have a significant economic impact on a
substantial number of small entities.
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 this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the (FOR
FURTHER INFORMATION CONTACT) section. 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 temporary rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this temporary rule under Executive Order 13132
and have determined that this rule does not have implications for
federalism under that Order.
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 State, local, or tribal government, in the
aggregate, or the private sector of $100,000,000 or more in any one
year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This temporary rule would 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 temporary 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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the rights of Native American Tribes
under the Stevens Treaties. Moreover, the Coast Guard is committed to
working with Tribal Governments to implement local policies to mitigate
tribal concerns. We have determined that these security zones and
fishing rights protection need not be incompatible. We have also
determined that this Temporary Final 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. Nevertheless, Indian Tribes that have questions concerning the
provisions of this Temporary Final Rule or options for
[[Page 58610]]
compliance are encouraged to contact the point of contact listed under
FOR FURTHER INFORMATION CONTACT.
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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. A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' will be
available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
For the reasons set out in the preamble, the Coast Guard amends part
165 of title 33, Code of Federal Regulations, 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.
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2. From 4 p.m. (PDT) October 3, 2005 until 8 a.m. (PDT) October 17,
2005 unless sooner cancelled by the Captain Of the Port, a temporary
Sec. 165.T13-05-017 is added to read as follows:
Sec. 165.T13-05-017 Safety Zone: Downed Aircraft, Browns Bay, Puget
Sound, WA.
(a) Location. The following area is a safety zone: The waters
within a one nautical mile radius of 47 degrees, 51.0 minutes North,
122 degrees, 21.0 minutes West [datum: NAD 1983], approximately three
nautical miles northeast of Edwards Point, Edmonds, Washington, where a
submerged helicopter, tail number A-109, is located.
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no person or vessel may enter or remain in
this safety zone, except for vessels involved in the salvage and
investigation operations, supporting personnel, or other vessels
authorized by the Captain of the Port or his designated
representatives.
(c) Enforcement Period. From 4 p.m. (PDT) October 3, 2005 until 8
a.m. (PDT) October 17, 2005 unless sooner cancelled by the Captain of
the Port.
Dated: October 3, 2005.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 05-20342 Filed 10-5-05; 2:13 pm]
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