Security Zone; Sea Buoy at the Entrance of St. Mary's River to Kings Bay, GA, 65835-65837 [05-21721]
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Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 520
Oral Dosage Form New Animal Drugs;
Ivermectin and Praziquantel Paste
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
SUMMARY: The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval of a supplemental new animal
drug application (NADA) filed by Virbac
AH, Inc. The supplemental NADA
provides revised labeling for ivermectin
and praziquantel oral paste used in
horses for the treatment and control of
various internal parasites.
DATES: This rule is effective November
1, 2005.
FOR FURTHER INFORMATION CONTACT:
Melanie R. Berson, Center for Veterinary
Medicine (HFV–110), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 301–827–7543, email: melanie.berson@fda.gov.
SUPPLEMENTARY INFORMATION: Virbac
AH, Inc., 3200 Meacham Blvd., Ft.
Worth, TX 76137, filed a supplement to
NADA 141–215 for EQUIMAX
(ivermectin 1.87%/praziquantel
14.03%) Paste for horses. This
supplement amends product labeling to
separate parasite life stages in the
indications section. The supplemental
NADA is approved as of September 16,
2005, and the regulations in 21 CFR
520.1198 are amended to reflect the
approval. The basis of approval is
discussed in the freedom of information
summary. The current regulations for
ivermectin and praziquantel paste are
also being revised to remove redundant
language. These changes are being made
to improve the readability of the
regulations.
In accordance with the freedom of
information provisions of 21 CFR part
20 and 21 CFR 514.11(e)(2)(ii), a
summary of safety and effectiveness
data and information submitted to
support approval of this application
may be seen in the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852, between 9
a.m. and 4 p.m., Monday through
Friday.
The agency has determined under 21
CFR 25.33(d)(1) that this action is of a
type that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
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15:13 Oct 31, 2005
Jkt 208001
neither an environmental assessment
nor an environmental impact statement
is required.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
List of Subjects in 21 CFR Part 520
Animal drugs.
I Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 520 is amended as follows:
PART 520—ORAL DOSAGE FORM
NEW ANIMAL DRUGS
1. The authority citation for 21 CFR
part 520 continues to read as follows:
I
Authority: 21 U.S.C. 360b.
2. Section 520.1198 is amended by
revising paragraphs (d)(2)(i) and
(d)(2)(ii) to read as follows:
I
§ 520.1198
paste.
Ivermectin and praziquantel
*
*
*
*
*
(d) * * *
(2) * * *
(i) Tapeworms—Anoplocephala
perfoliata; Large strongyles (adults)—
Strongylus vulgaris (also early forms in
blood vessels), S. edentatus (also tissue
stages), S. equinus, Triodontophorus
spp. including T. brevicauda and T.
serratus, and Craterostomum
acuticaudatum; Small Strongyles
(adults, including those resistant to
some benzimidazole class
compounds)—Coronocyclus spp.
including C. coronatus, C. labiatus, and
C. labratus, Cyathostomum spp.
including C. catinatum and C.
pateratum, Cylicocyclus spp. including
C. insigne, C. leptostomum, C. nassatus,
and C. brevicapsulatus,
Cylicodontophorus spp.,
Cylicostephanus spp. including C.
calicatus, C. goldi, C. longibursatus, and
C. minutus, and Petrovinema
poculatum; Small Strongyles—fourthstage larvae; Pinworms (adults and
fourth-stage larvae)—Oxyuris equi;
Ascarids (adults and third- and fourthstage larvae)—Parascaris equorum;
Hairworms (adults)—Trichostrongylus
axei; Large-mouth Stomach Worms
(adults)—Habronema muscae; Bots (oral
and gastric stages)—Gasterophilus spp.
including G. intestinalis and G. nasalis;
Lungworms (adults and fourth-stage
larvae)—Dictyocaulus arnfieldi;
Intestinal Threadworms (adults)—
Strongyloides westeri; Summer Sores
PO 00000
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Fmt 4700
Sfmt 4700
65835
caused by Habronema and Draschia
spp. cutaneous third-stage larvae;
Dermatitis caused by neck threadworm
microfilariae, Onchocerca sp.
(ii) Tapeworms—Anoplocephala
perfoliata; Large Strongyles (adults)—
Strongylus vulgaris (also early forms in
blood vessels), S.edentatus (also tissue
stages), S. equinus, Triodontophorus
spp.; Small Strongyles (adults,
including those resistant to some
benzimidazole class compounds)—
Cyathostomum spp., Cylicocyclus spp.,
Cylicostephanus spp.,
Cylicodontophorus spp.; Small
Strongyles—fourth-stage larvae;
Pinworms (adults and fourth-stage
larvae)—Oxyuris equi; Ascarids (adults
and third- and fourth-stage larvae)—
Parascaris equorum; Hairworms
(adults)—Trichostrongylus axei; Largemouth Stomach Worms (adults)—
Habronema muscae; Bots (oral and
gastric stages)—Gasterophilus spp.;
Lungworms (adults and fourth-stage
larvae)—Dictyocaulus arnfieldi;
Intestinal Threadworms (adults)—
Strongyloides westeri; Summer Sores
caused by Habronema and Draschia
spp. cutaneous third-stage larvae;
Dermatitis caused by neck threadworm
microfilariae, Onchocerca sp.
*
*
*
*
*
Dated: October 14, 2005.
Steven D. Vaughn,
Director, Office of New Animal Drug
Evaluation, Center for Veterinary Medicine.
[FR Doc. 05–21641 Filed 10–31–05; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP Jacksonville 05–140]
RIN 1625–AA87
Security Zone; Sea Buoy at the
Entrance of St. Mary’s River to Kings
Bay, GA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary moving
security zone around foreign naval
submarines in transit within the area
between 12 nautical miles offshore from
the baseline, also known as the
shoreline, at the mouth of the St. Mary’s
River to the Kings Bay Naval Submarine
Base, Kings Bay, GA. The security zone
includes all waters within 500 yards in
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Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations
any direction of the submarine. The rule
prohibits entry into the security zone
without the permission of the Captain of
the Port (COTP) Jacksonville or his
designated representative. Persons or
vessels that receive permission to enter
the security zone must proceed at a
minimum safe speed, must comply with
all orders issued by the COTP or his
designated representative, and must not
proceed any closer than 100 yards, in
any direction, to the submarine. This
security zone is needed to ensure public
safety and to prevent sabotage or
terrorist acts against the submarine.
DATES: This rule is effective from 12:01
p.m. on October 20, 2005, until 11:59
p.m. on October 31, 2005.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket [COTP
Jacksonville 05–140] and are available
for inspection and copying at Coast
Guard Sector Jacksonville Prevention
Department, 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:
Ensign Kira Peterson at Coast Guard
Sector Jacksonville Prevention
Department, Florida tel: (904) 232–2640,
ext. 108.
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 NRPM.
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 the
public interest because immediate
action is necessary to protect the public
and waters of the United States.
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
restrictions.
Background and Purpose
This rule is needed to protect foreign
navy submarines from damage or injury
from sabotage or other subversive acts,
accidents or other causes of a similar
nature, or to secure the observance of
rights and obligations of the United
States. Although this rule is effective
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15:13 Oct 31, 2005
Jkt 208001
from 12:01 p.m. on October 20, 2005,
until 11:59 p.m. on October 31, 2005,
the Coast Guard will only enforce this
rule when a foreign navy submarine is
transiting within the area between 12
nautical miles offshore from the
baseline, also known as the shoreline, at
the mouth of the St. Mary’s River to the
Kings Bay Naval Submarine Base, Kings
Bay, GA. Anchoring, mooring, or
transiting within this zone is prohibited,
unless authorized by the Captain of the
Port, Jacksonville, Florida or his
designated representative. The
temporary security zone encompasses
all waters within 500 yards around the
foreign naval submarine. Vessels or
persons authorized to enter the zone
must proceed at a minimum safe speed,
must comply with all orders issued by
the COTP or his designated
representative, and must not proceed
any closer than 100 yards, in any
direction, to the submarine.
Regulatory Evaluation
This regulation 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 cost
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 routine
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
dominate in their field, 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 regulation will only be
enforced for a short period of time
within an 11 day window, during vessel
transits, and the impact on routine
navigation is expected to be minimal.
Vessels may still transit safely around
the zone and, upon permission of the
Captain of the Port or his designated
representative, may transit at minimum
safe speed through that portion of the
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Fmt 4700
Sfmt 4700
security zone between 200 and 500
yards from the submarine.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 204–
121), we offer 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 may result in the expenditure by
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Although 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 affect a taking of
private property or otherwise have
E:\FR\FM\01NOR1.SGM
01NOR1
Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations
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
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
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15:13 Oct 31, 2005
Jkt 208001
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. Under figure 2–1,
paragraph (34)(g), of the Instruction, an
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are not required for this
rule.
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.
207–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. A new temporary § 165.T07–140 is
added to read as follows:
§ 165.T07–140 Security Zone; Sea buoy at
the entrance of St. Mary’s River to Kings
Bay, GA.
(a) Regulated area. The Coast Guard is
establishing a temporary moving
security zone around foreign naval
submarines when they are within a
regulated area 12 nautical miles offshore
from the baseline, also known as the
shoreline, at the mouth of the St. Mary’s
River to the Kings Bay Naval Submarine
Base, Kings Bay, GA. The temporary
security zone encompasses all waters
within 500 yards in any direction
around a foreign navy submarine
transiting within the regulated area.
(b) Definitions. The following
definitions apply to this section:
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Fmt 4700
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65837
Designated representatives 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.
Minimum Safe Speed means the
speed at which a vessel proceeds when
it is fully off plane, completely settled
in the water and not creating excessive
wake. Due to the different speeds at
which vessels of different sizes and
configurations may travel while in
compliance with this definition, no
specific speed is assigned to minimum
safe speed. In no instance should
minimum safe speed be interpreted as a
speed less than that required for a
particular vessel to maintain
steerageway. A vessel is not proceeding
at minimum safe speed if it is:
(1) On a plane;
(2) In the process of coming up onto
or coming off a plane; or
(3) Creating an excessive wake.
(c) Regulations. In accordance with
the general regulations in § 165.33 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. Persons or vessels that
receive permission to enter the security
zone must proceed at a minimum safe
speed, must comply with all orders
issued by the COTP or his designated
representative, and must not proceed
any closer than 200 yards, in any
direction, to the submarine.
(d) Dates. This section is effective
from 12:01 p.m. on October 20, 2005,
until 11:59 p.m. on October 31, 2005.
Dated: October 20, 2005.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 05–21721 Filed 10–31–05; 8:45 am]
BILLING CODE 4910–15–P
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01NOR1
]]>Agencies
[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Rules and Regulations]
[Pages 65835-65837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21721]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Jacksonville 05-140]
RIN 1625-AA87
Security Zone; Sea Buoy at the Entrance of St. Mary's River to
Kings Bay, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary moving security
zone around foreign naval submarines in transit within the area between
12 nautical miles offshore from the baseline, also known as the
shoreline, at the mouth of the St. Mary's River to the Kings Bay Naval
Submarine Base, Kings Bay, GA. The security zone includes all waters
within 500 yards in
[[Page 65836]]
any direction of the submarine. The rule prohibits entry into the
security zone without the permission of the Captain of the Port (COTP)
Jacksonville or his designated representative. Persons or vessels that
receive permission to enter the security zone must proceed at a minimum
safe speed, must comply with all orders issued by the COTP or his
designated representative, and must not proceed any closer than 100
yards, in any direction, to the submarine. This security zone is needed
to ensure public safety and to prevent sabotage or terrorist acts
against the submarine.
DATES: This rule is effective from 12:01 p.m. on October 20, 2005,
until 11:59 p.m. on October 31, 2005.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket [COTP Jacksonville 05-140] and are
available for inspection and copying at Coast Guard Sector Jacksonville
Prevention Department, 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: Ensign Kira Peterson at Coast Guard
Sector Jacksonville Prevention Department, Florida tel: (904) 232-2640,
ext. 108.
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 NRPM. 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 the public interest
because immediate action is necessary to protect the public and waters
of the United States.
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 restrictions.
Background and Purpose
This rule is needed to protect foreign navy submarines from damage
or injury from sabotage or other subversive acts, accidents or other
causes of a similar nature, or to secure the observance of rights and
obligations of the United States. Although this rule is effective from
12:01 p.m. on October 20, 2005, until 11:59 p.m. on October 31, 2005,
the Coast Guard will only enforce this rule when a foreign navy
submarine is transiting within the area between 12 nautical miles
offshore from the baseline, also known as the shoreline, at the mouth
of the St. Mary's River to the Kings Bay Naval Submarine Base, Kings
Bay, GA. Anchoring, mooring, or transiting within this zone is
prohibited, unless authorized by the Captain of the Port, Jacksonville,
Florida or his designated representative. The temporary security zone
encompasses all waters within 500 yards around the foreign naval
submarine. Vessels or persons authorized to enter the zone must proceed
at a minimum safe speed, must comply with all orders issued by the COTP
or his designated representative, and must not proceed any closer than
100 yards, in any direction, to the submarine.
Regulatory Evaluation
This regulation 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 cost 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 routine 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 dominate in their field,
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 regulation will only be enforced for a short
period of time within an 11 day window, during vessel transits, and the
impact on routine navigation is expected to be minimal. Vessels may
still transit safely around the zone and, upon permission of the
Captain of the Port or his designated representative, may transit at
minimum safe speed through that portion of the security zone between
200 and 500 yards from the submarine.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 204-121), we offer 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 may
result in the expenditure by State, local, or tribal government, in the
aggregate, or by the private sector of $100,000,000 or more in any one
year. Although 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 affect a taking of private property or otherwise
have
[[Page 65837]]
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 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. Under figure 2-1, paragraph (34)(g), of the Instruction,
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
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. 207-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary Sec. 165.T07-140 is added to read as follows:
Sec. 165.T07-140 Security Zone; Sea buoy at the entrance of St.
Mary's River to Kings Bay, GA.
(a) Regulated area. The Coast Guard is establishing a temporary
moving security zone around foreign naval submarines when they are
within a regulated area 12 nautical miles offshore from the baseline,
also known as the shoreline, at the mouth of the St. Mary's River to
the Kings Bay Naval Submarine Base, Kings Bay, GA. The temporary
security zone encompasses all waters within 500 yards in any direction
around a foreign navy submarine transiting within the regulated area.
(b) Definitions. The following definitions apply to this section:
Designated representatives 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.
Minimum Safe Speed means the speed at which a vessel proceeds when
it is fully off plane, completely settled in the water and not creating
excessive wake. Due to the different speeds at which vessels of
different sizes and configurations may travel while in compliance with
this definition, no specific speed is assigned to minimum safe speed.
In no instance should minimum safe speed be interpreted as a speed less
than that required for a particular vessel to maintain steerageway. A
vessel is not proceeding at minimum safe speed if it is:
(1) On a plane;
(2) In the process of coming up onto or coming off a plane; or
(3) Creating an excessive wake.
(c) Regulations. In accordance with the general regulations in
Sec. 165.33 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.
Persons or vessels that receive permission to enter the security zone
must proceed at a minimum safe speed, must comply with all orders
issued by the COTP or his designated representative, and must not
proceed any closer than 200 yards, in any direction, to the submarine.
(d) Dates. This section is effective from 12:01 p.m. on October 20,
2005, until 11:59 p.m. on October 31, 2005.
Dated: October 20, 2005.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 05-21721 Filed 10-31-05; 8:45 am]
BILLING CODE 4910-15-P
